A second appeal was dismissed for non-prosecution after the appellants failed to appear before the High Court of Punjab & Haryana; the case reaffirms that procedural default leads to disposal without adjudication on merits and carries no substantive precedential value. Summary Category Data Case Name RSA/2093/1993 of GURJANT SINGH Vs GURMAIL SINGH CNR PHHC010263341993 […]
Delhi High Court holds that Section 12 of the Probation of Offenders Act, 1958 shields candidates convicted but released on probation from disqualification for government employment under service regulations, provided the post is not of a law enforcement/security nature. Judgment affirms and clarifies past Division Bench holdings; serves as binding authority for subordinate courts and […]
The Calcutta High Court has reaffirmed that repeated non-appearance by appellants, even after being granted a last opportunity, warrants dismissal of appeals for default. The judgment upholds existing precedent on procedural consequence, serving as binding authority for similar default scenarios, particularly in civil appellate matters. Summary Category Data Case Name SA/915/1965 Budge Budge Amalgamated […]
The Orissa High Court has held that there is no legal bar to the appointment of a Survey Knowing Amin Commissioner under Order 26 Rule 9 of the CPC prior to the commencement of evidence, especially in suits concerning easementary rights or physical features of property. The decision affirms and applies prior precedents, clarifies that […]
The Uttarakhand High Court, while upholding the rigours of Section 37 NDPS Act, clarified that accused cannot be detained indefinitely on account of trial delays, and allowed bail where the prosecution failed to ensure expeditious progress. Precedent affirms that statutory restrictions on bail are not absolute barriers when trial stagnates. Summary Category Data Case […]
The Uttarakhand High Court has held that, while Section 37 of the NDPS Act imposes rigorous restrictions on bail in commercial quantity cases, excessive and unexplained delay in prosecution entitles the accused to bail. This affirms that denial of bail cannot translate into indefinite pre-trial incarceration even in stringent statutes, reinforcing the right to a […]
Court holds that Section 37 of the NDPS Act does not grant the prosecution unfettered authority to prolong detention without trial progress; bail may be granted in cases of undue pre-trial incarceration. This judgment upholds existing precedent and is binding upon subordinate courts in Uttarakhand in narcotics prosecutions. Summary Category Data Case Name BA2/260/2024 […]
The Jharkhand High Court holds that a sale deed cannot be declared void for violation of Section 46 of the Chota Nagpur Tenancy Act, 1908, unless there is a foundational pleading in the written statement specifically challenging the transfer for want of permission from the Deputy Commissioner. The judgment upholds this as a binding precedent […]
This judgment holds that, in the absence of foundational pleadings, courts cannot declare a registered sale deed void for violation of Section 46 of the Chota Nagpur Tenancy Act. It further reaffirms that adverse possession can be claimed as a basis for declaratory relief by plaintiffs, not just defendants. The judgment sets aside decisions of […]
The High Court reaffirms that government employees are entitled to interest on delayed salary payments, specifying a 5% per annum rate in cases of administrative delay. This judgment upholds the established legal position and is binding on subordinate courts and government administrative authorities in Himachal Pradesh. Summary Category Data Case Name CWP/8090/2024 of PREETA […]
The Court reiterates that while criminal antecedents are a relevant factor, bail must not be denied solely on that ground if circumstances of the present case warrant release; the decision affirms prior Supreme Court and High Court precedent, and serves as binding authority within Punjab and Haryana. Summary Category Data Case Name CRA-S/2992/2025 of […]
The High Court reaffirmed that when an appellant fails to appear and shows no interest in pursuing the appeal, the court may dismiss the matter for non-prosecution. This ruling upholds existing judicial practice and binds all subordinate courts. Precedential value is limited to procedural disposition where parties abandon their matter; it does not create new […]