The High Court reiterates that when an applicant confirms compliance with earlier court orders and seeks withdrawal of a contempt petition, the matter stands disposed of on that basis. This upholds established law on finality and closure in civil contempt cases upon mutual satisfaction, serving as binding precedent for future cases before the Rajasthan High […]
The Orissa High Court has reaffirmed that a Tahasildar or any public authority cannot orally refuse to accept an application—such applications must be formally received, registered, and processed as per law. This decision upholds existing judicial precedent and is binding on subordinate revenue authorities, serving as a practical guideline for all mutation and similar administrative […]
The Himachal Pradesh High Court reiterated that where commercial quantity of contraband is involved, Section 37 of the NDPS Act, 1985 imposes strict statutory conditions on grant of bail, and the foreign nationality of the accused with risk of flight further militates against release. The decision affirms prevailing standards, reinforcing that such rigors remain binding […]
The High Court of Himachal Pradesh has reaffirmed that the moratorium under Sections 14(1) and 101 of the Insolvency and Bankruptcy Code, 2016 (IBC), applies only to the corporate debtor (company) and not to its directors or natural persons. Criminal proceedings under Section 138 and 141 of the Negotiable Instruments Act, 1881, can continue against […]
The Punjab & Haryana High Court reiterates that denying compassionate appointment to a “married daughter” is unconstitutional; upholds and applies previous precedent, with subsequent policy amendment by the State Government. The case reaffirms binding law for all similar matters within the State, as confirmed up to the Supreme Court level. Summary Category Data Case […]
The judgment affirms that a writ petition dismissed for want of prosecution does not bars future revival by the petitioner, subject to fresh application, and holds no precedential value on the merits; the order is procedural and follows existing legal position. Summary Category Data Case Name CWP/8489/2017 of HARYANA DISTILLERY LTD. Vs STATE OF […]
The judgment directs authorities to consider and decide a service regularisation claim in accordance with an earlier High Court precedent, clarifying that administrative decisions must give due regard to binding judicial pronouncements. The court upholds existing precedent without adjudicating substantive merits, reaffirming that such directions are binding upon similarly placed cases in the sector of […]
IBC moratorium provisions do not bar continuation of Section 138 NI Act proceedings against natural persons (directors/guarantors); protection extends only to the corporate debtor (company). Judgment aligns with and affirms Supreme Court and other High Court precedents, reinforcing binding authority on this legal question. Summary Category Data Case Name CRMMO/1107/2024 of M/S HARI RAM […]
The Jharkhand High Court, reaffirming prior Supreme Court precedents, held that a second FIR concerning the same occurrence and accused is impermissible, constituting an abuse of process under Section 181 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The ruling maintains settled law, clarifies its application to the new criminal code (BNSS), and serves as binding […]
The Jharkhand High Court has clarified that before issuing a non-bailable warrant or further coercive steps such as proceedings under Sections 82, 83, and 299 CrPC, courts must strictly comply with the mandate of Section 73 CrPC, including ensuring proof of service of previous process. Orders passed in violation of these procedures are liable to […]
The Jharkhand High Court reaffirms that workmen engaged by contractors to run statutory canteens are not ipso facto employees of the principal employer for all purposes under industrial law; employer-employee relationship must be proved by satisfying specific legal tests. The judgment closely follows and applies the Supreme Court’s ratio in ‘Balwant Rai Saluja’, upholding binding […]
The High Court of Uttarakhand reaffirmed that a writ petition challenging an order passed under Section 176 of the U.P.Z.A. and L.R. Act is not ordinarily maintainable under Article 227 if an effective statutory appeal exists under Section 331 of the Act. The court declined to entertain the writ, citing the adequacy of the prescribed […]