When Does the Dismissal of a Writ Petition as Infructuous Impact the Precedential Value of Judicial Orders?

A High Court judgment clarifies that dismissal of a writ petition as infructuous does not result in a substantive ruling on the questions of law raised, limiting its precedential value in the context of administrative decisions regarding appointments.   Summary Category Data Case Name WP/31924/2017 of KOYYALAMUDI PAUL, GUNTUR. Vs THE STATE OF A.P.,ENERGY,AMARAVATHI,& 3 […]

When Can an Appellate Court Interfere with an Acquittal Under Sections 493, 496, and 313 IPC? Clarifying the Limits of Appellate Review and the Need for Proof of Deceit and Fraudulent Intention

The Andhra Pradesh High Court reaffirms that appellate interference with an acquittal is justified only in cases of perversity or manifest illegality, and clarifies that prosecution must strictly establish deceit or fraudulent intent at the time of marriage to secure a conviction under Sections 493 and 496 IPC. This judgment upholds existing Supreme Court precedent […]

Affirms settled law restricting recoveries in such circumstances; binding precedent for future service matters in Chhattisgarh.

Reaffirming the legal bar on recovery of excess salary where the employee is not at fault, this judgment applies and consolidates Supreme Court and High Court precedents, holding any such recovery before retirement or for amounts paid over five years ago as impermissible. The ruling is binding on all subordinate courts in Chhattisgarh and persuasive […]

Can Conviction Be Based Solely on Extra-Judicial Confession and Recovery Without Corroborating Forensic Evidence?

The High Court held that extra-judicial confession is inherently a weak form of evidence and, absent strong corroboration, cannot form the sole basis for conviction, especially where the chain of circumstances is incomplete and forensic linkage is lacking. This decision affirms established Supreme Court position, narrowing the scope for convictions based on confession and recovery […]

Can an LMV Driving Licence Holder Legally Drive a Transport Vehicle Weighing Below 7,500 kg Without Additional Endorsement? — Chhattisgarh High Court Affirms Supreme Court Precedent as Binding Authority

The Chhattisgarh High Court, relying on the Supreme Court’s constitutional bench judgment, holds that no separate endorsement is needed for holders of LMV licences to operate transport vehicles below 7,500 kg. The judgment upholds the existing law, providing clear binding precedent for all motor accident compensation matters in the state and reinforcing the approach to […]

Can Compensation for Temporary Disability in Motor Accident Claims Be Enhanced Beyond the Tribunal Award?

The High Court of Chhattisgarh, interpreting Section 173 of the Motor Vehicles Act, has held that where compensation for temporary disability and pain and suffering is found inadequate, the appellate court is empowered to enhance it to ensure the amount is ‘just and proper.’ This judgment upholds the appellate court’s discretion to reassess quantum and […]

Can Courts Interfere With Transfers or Rationalization Postings of Government Teachers Absent Statutory Violation or Mala Fides? – Precedent Reaffirmed

Judgment reaffirms that transfer and rationalization of teachers are administrative matters, and courts should not interfere unless there is evidence of mala fides or violation of statutory rules. High Court clarifies that rationalization guidelines are mere administrative instructions and do not override employer’s discretion under service law. The judgment upholds existing precedent, serving as binding […]

When Is Minimum Wages Notification the Correct Basis for Income Assessment in Motor Accident Claims? — Binding Clarification by Chhattisgarh High Court on Compensation Computation

Chhattisgarh High Court holds that, in absence of clinching evidence of actual income, minimum wages notified by the Labour Commissioner must be adopted for deceased’s income calculation in motor accident claims. The Court enhances compensation and follows the precedents of Pranay Sethi, Sarla Verma, and Magma General Insurance. This judgment is binding on courts in […]

Does Tenant of Government-Allotted IT Premises Have a Legally Enforceable Right to Concessional Power Tariff and Other Incentives Solely on the Basis of Policy Promises When Not Implemented in Allotment Terms? – Precedent Upheld by Chhattisgarh High Court

The Chhattisgarh High Court has upheld that entitlement to concessional tariffs and incentives under the Electronics, IT & ITeS Investment Policy does not arise automatically from policy assurances unless such benefits are formally granted and reflected in governing allotment terms; deviation from the agreed supply arrangements or non-approach to competent authorities weakens such claims. This […]

Does Holding ‘Incharge’ Positions Confer a Vested Right Against Reversion or Transfer? Clarification on the Enforcement of Transfer Policy as Justiciable Right

An Incharge posting does not vest a legal right to continue in that position; transfer policy guidelines are not enforceable as a matter of right, reaffirming settled principles. High Court restates the limited judicial role in transfer matters and upholds the previously established precedent, providing binding guidance for service jurisprudence in government employment.   Summary […]

Can a Widowed Daughter-in-law Claim Maintenance from a Father-in-law under Section 19 of the Hindu Adoptions and Maintenance Act, 1956 When She Has Already Received Substantial Assets and the Father-in-law Lacks Sufficient Means?

The Chhattisgarh High Court affirms the Family Court’s rejection of maintenance to a widowed daughter-in-law under Section 19, clarifying that maintenance is not available when the applicant has other sufficient means and the father-in-law lacks financial capacity. Existing precedent is upheld, reinforcing limitations on Section 19 claims against father-in-law, with binding value for future cases […]

Can a Candidate Ranked Lower in the Merit List Be Appointed to a Reserved Teaching Post When Higher Ranked Candidates Withdraw? — Gauhati High Court’s Clarification on Executive Instructions and Statutory Silence

The Gauhati High Court reaffirms that, in the absence of explicit statutory prohibition, a select list including lower-ranked candidates may be acted upon when higher-ranked candidates withdraw from consideration before appointment. The judgment clarifies the interplay between executive instructions and statutory provisions, upholding existing precedent, and firmly establishes binding authority on public appointment processes in […]