When Can Cases Be Dismissed for Want of Prosecution Based on Non-Appearance?

A High Court judgment reiterates that when there is no appearance by the applicant and apparent lack of interest in pursuing a matter, the court may dismiss the case for want of prosecution. This position upholds established precedent regarding the court’s discretion and is binding on all subordinate courts within its jurisdiction. The principle has […]

Does Mere Seniority Entitle an Employee to Pay Parity in Promotion Cases Where a Junior Receives Higher Pay Due to Earlier Promotion? — Reaffirmation of Equal Pay Principles and Seniority under Service Law

The court reaffirmed that seniority alone does not entitle an employee to pay parity with a junior who received earlier promotion or higher pay as a result of legitimate promotion processes. Existing precedent was followed, and the court found no entitlement to “stepping up” of pay in the absence of an illegal or arbitrary action. […]

Does Failure to Prove Eye-Witness Credibility or Timely FIR Bar Compensation for Negligent Driving in Motor Accident Claims?

Court reiterates that mere allegations without reliable eye-witness testimony or timely complaint cannot substantiate claims of rash and negligent driving under Section 166 of the Motor Vehicles Act. Holds that contradictions and delay in reporting are fatal to the claimant’s case. Judgment upholds existing precedent and serves as binding authority throughout subordinate courts in Punjab […]

What Is the Effect of Non-Prosecution on Pending Writ Petitions? Clarification on Dismissal Procedure by High Court

The court has reaffirmed that a writ petition may be dismissed for non-prosecution if the petitioner passes away and no legal representatives are brought on record despite opportunities. This upholds existing procedural law and has binding value for all similar cases in the Punjab and Haryana High Court.   Summary Category Data Case Name CWP/20323/2018 […]

Does Delay in FIR Registration and Prior Anticipatory Bail for Co-Accused Justify Exercise of Anticipatory Bail Powers Under Section 482 BNSS?

The Court clarified that unexplained delay in FIR and parity with similarly situated co-accused granted anticipatory/interim bail are valid grounds for exercising discretion under Section 482 BNSS (anticipatory bail), where disputed factual questions do not justify custodial interrogation. The decision affirms established anticipatory bail principles and is binding on subordinate courts.   Summary Category Data […]

Can Long-Pending Appeals Be Dismissed for Want of Prosecution After Decades Without Hearing the Appellant’s Side?

The court reaffirmed that when appellants fail to appear and prosecute an old appeal despite repeated calls, the court may dismiss the case for want of prosecution. This judgment upholds established procedural law and is binding precedent for all subordinate courts dealing with long-pending appeals. The ruling echoes judicial efficiency and the importance of parties […]

When Is a Writ Petition Challenging Deportation Rendered Infructuous After Actual Deportation? Does the High Court Award Compensation for Delayed Deportation Efforts?

A High Court judgment holds that a writ petition seeking to challenge deportation becomes infructuous once the petitioner has already been deported, and refuses compensation where authorities have shown requisite diligence upon court direction; the ruling affirms prior procedures and has binding value within the territorial jurisdiction.   Summary Category Data Case Name CR. WJC/2569/2024 […]

Can Criminal Proceedings for Non-Compoundable Offences Under the Bharatiya Nyaya Sanhita Be Quashed on the Basis of Settlement?

The Uttarakhand High Court reaffirmed that even when certain offences are non-compoundable under the Bharatiya Nyaya Sanhita, 2023, its inherent jurisdiction allows quashing of criminal proceedings on the basis of settlement between parties where the facts and justice so demand. This continues the doctrinal line established in Gian Singh and Dimpey Gujral; the judgment stands […]

Can Courts Direct the Executive to Implement Its Own Policy Decisions on Cadre Creation? Clarification of Judicial Review in Administrative Inaction

The High Court of Tripura upholds that while courts cannot compel the State to make new policy decisions regarding cadre or service matters, the court will intervene if the State fails to implement or act upon its own previously stated policy commitments made before the court. This judgment is binding authority for all subordinate courts […]

Does Failure to Challenge Evidence Closure and Lack of Justification Bar Restoration of Opportunity to Lead Evidence in Domestic Violence Appeals?

Appellate courts cannot restore the right to lead evidence when a party neither challenges the original closure order nor provides convincing justification for non-appearance; mere claims, unbacked by material on record, are insufficient. This ruling upholds established procedural law and is binding on all subordinate courts in Himachal Pradesh hearing Protection of Women from Domestic […]

No New Law Created; Reaffirms Judicial Discretion—Practical Authority for Settlement-Based Withdrawals

The court confirms that when a petitioner submits a formal statement and communication expressing their intention to withdraw a writ petition due to settlement, the petition may be disposed of accordingly. This judgment upholds existing practice and may be cited as binding authority in Himachal Pradesh for similar scenarios involving withdrawal after settlement.   Summary […]

Can Prolonged Pre-Trial Detention and Delayed Trial Justify Grant of Bail Under Section 302 IPC?

Bail may be granted in serious offences like murder when the accused faces prolonged incarceration, co-accused with similar role is released, and trial is not progressing expeditiously. This judgment affirms established precedent, reaffirming the practical application of “bail not jail,” especially when delay in trial undermines just detention.   Summary Category Data Case Name BA2/120/2025 […]