Can a Second Appeal Be Dismissed Solely for Non-Prosecution Under High Court Jurisdiction?

The High Court of Punjab and Haryana reaffirmed that an appeal may be dismissed for want of prosecution if the appellant fails to provide a correct address or otherwise remains unresponsive to court processes. The ruling upholds established precedent and does not create new law, confirming standard judicial procedure for non-prosecution; serves as binding authority […]

Does the Dismissal of a Second Appeal for Default Without Hearing Amount to a Decision on Merits and Serve as a Binding Precedent? (Affirms Existing Procedural Law; Limited Precedential Value)

A High Court has reiterated that, where repeated opportunities are given but parties do not appear, second appeals may be dismissed for default without entering into merits. This order does not adjudicate legal questions and, therefore, carries only limited procedural value. The Court affirms its established practice regarding non-appearance and dismissal for default.   Summary […]

Can a Revisional Authority Drop a Revision on the Technical Ground of Substitution Without Deciding Legality and Propriety? — Orissa High Court Reiterates Adherence to Principles of Natural Justice

The Orissa High Court holds that dropping a revision case solely due to substitution in a parallel proceeding, without addressing the merits or legality of the impugned order, is impermissible and violates principles of natural justice; reaffirms the requirement for reasoned orders in administrative and judicial decision-making, following Supreme Court precedent — binding on all […]

Can Parallel Proceedings by Development Authorities and Revenue Authorities on Government Land Be Initiated? Clarification on Jurisdictional Restraint and Institutional Discipline under the ODA Act and OPLE Act

The Orissa High Court affirms that, where a lease regularization process is pending before the Collector under a specific government resolution, initiation of parallel proceedings by the Development Authority under the Orissa Development Authorities Act is jurisdictionally improper. The decision upholds the doctrine of institutional discipline and clarifies the approach to administrative harmony between co-existing […]

Does the Right to Obtain Revenue Extracts and Deal with Rule 5 Shamilat Land Extend to Co-sharers Even Without Formal Partition? J&K High Court Clarifies and Upholds Precedent

The High Court of Jammu & Kashmir confirms that co-sharers in Rule 5 Shamilat Land retain the right to obtain revenue extracts (Fards) and transact in their shares, even absent formal partition, provided pro-rata entitlement is respected. The Court applies and reaffirms long-standing precedents, providing strong binding authority on the rights of estate holders over […]

Does Dismissal of a Civil Revision Petition Without Costs by the High Court for State of Telangana Create Substantive Precedent on Questions of Law?

The High Court for the State of Telangana disposed of CRP No.2241 of 2025 without awarding costs, addressing no substantive legal issues nor altering existing precedent; the judgment carries no binding precedential value and functions only as a disposition on facts, offering no new clarification or change for the wider legal community.   Summary Category […]

When Can an Appellate Court Interfere with a Trial Court’s Acquittal? Reaffirming the Presumption of Innocence and the Limits of Appellate Review

The Himachal Pradesh High Court has reaffirmed that appellate courts must exercise restraint and can overturn a trial court’s acquittal only if it is perverse or contrary to legal parameters—thus strengthening the double presumption of innocence for the accused. This decision upholds longstanding Supreme Court precedent and serves as binding authority for criminal appeals challenging […]

Can Conviction for Grievous Hurt under Section 326 IPC Be Sustained Without Radiological Proof of Fracture?

The court underscored that, in the absence of radiological evidence (X-ray or CT scan), a conviction for “grievous hurt” based on alleged fracture under Section 320(7), IPC, cannot be sustained solely on the doctor’s oral assertion or a wound certificate. This judgment, relying on established Supreme Court and High Court precedents, revises the standard for […]

Does Section 138 NI Act Allow Compensation Exceeding the Cheque Amount? – Clarification and Limits on Courts’ Discretion Under Section 357(3) CrPC

Substantial Clarification: High Court affirms that while conviction under Section 138 NI Act can be accompanied by compensation under Section 357(3) CrPC, compensation should not ordinarily exceed the cheque amount unless supported by cogent reasons. This ruling upholds existing precedent on presumption under Sections 118 & 139 NI Act, clarifies the date of presentation for […]

Can High Courts Quash Non-Compoundable Offences in Matrimonial Cases Solely on the Basis of an MOU Without a Formal Joint Compromise Petition? Clarifying the Scope of Inherent Powers under Section 528 of BNSS for Private Matrimonial Disputes

The Calcutta High Court has reaffirmed that in private matrimonial disputes, the absence of a formal joint compromise petition is not a barrier to quashing non-compoundable offences if a conclusive, mutually admitted Memorandum of Understanding (MOU) exists between the parties. This judgment follows and applies Supreme Court precedents, and binds subordinate courts, particularly on the […]

Can Criminal Proceedings for Non-compoundable Offences like Section 307 IPC Be Quashed on Settlement Between Parties Under Section 528 BNSS? — Reaffirmation of Court’s Inherent Powers

The High Court reiterates that even in cases involving non-compoundable offences (including Section 307 IPC), criminal proceedings may be quashed upon settlement if the facts so warrant and justice would be served. The decision follows established precedent, confirming binding authority for subordinate courts in similar matters involving familial disputes.   Summary Category Data Case Name […]

Must a Wife’s Convenience and Consolidation of Matrimonial Proceedings Guide Transfer Petitions Under Section 24 CPC?

Orissa High Court Reaffirms Settled Law; Directions on Virtual Hearings and Joint Trials — Binding Precedent for Orissa Family Courts   Summary Category Data Case Name TRP(C)/190/2025 of KANCHANSHREE BEHERA @ BINDHANI Vs PRADEEP KUMAR BEHERA CNR ODHC010444632025 Date of Registration 30-06-2025 Decision Date 31-10-2025 Disposal Nature Disposed Off Judgment Author Mr. Justice Sanjay Kumar […]