Registered sale agreements may be proven, by oral and documentary evidence, as executed only as security for a loan transaction—not for genuine sale—if the surrounding circumstances and conduct of parties so indicate. The Madras High Court affirms and applies Supreme Court precedent, thereby upholding existing law on the admissibility of oral evidence to challenge the […]
The Madras High Court has reaffirmed that suppression or non-disclosure of facts by the insured is “material” only if it affects the risk covered by the insurance contract or relates directly to the cause of death. The judgment upholds existing Supreme Court precedents, clarifying that repudiation of claims is not justified where undisclosed facts have […]
The Jharkhand High Court reaffirmed that, without clear documentary evidence showing self-acquisition of property by a family member, such property will be treated as joint family property devolving upon all legal heirs. The decision upholds the established legal position and confirms the requirement for substantive evidence, offering binding value for subordinate courts evaluating onus and […]
The Punjab and Haryana High Court reaffirms that mere involvement in NDPS cases is not sufficient for preventive detention under the PITNDPS Act; rather, a live and proximate link between persistent conduct and the need for detention, supported by substantive material, is essential. The judgment distinguishes prior precedent and upholds established law, providing binding authority […]
The High Court reaffirmed its authority to dismiss long-pending appeals for want of prosecution when appellants repeatedly fail to appear, while providing limited liberty for revival. This judgment continues established precedent and clarifies practical procedures in cases of prolonged inaction, serving as binding authority within the court’s jurisdiction. Summary Category Data Case Name FAO/2122/2003 […]
The High Court reaffirmed that where no application is made to bring the legal representatives of a deceased appellant on record, and there is no interest shown in pursuing the matter, the appeal stands liable to be dismissed in default for want of prosecution. This continues existing procedural precedent, providing binding authority for subordinate courts […]
The Orissa High Court has held that failure by the Land Reforms Commissioner-cum-Commissioner Consolidation and Settlement to consider relevant reports—specifically those called for clarification during the pendency of a consolidation revision—renders the order unsustainable. This judgment affirms established precedent that adherence to principles of natural justice is mandatory in quasi-judicial proceedings, particularly under the Orissa […]
The Calcutta High Court reaffirms that the existence of an alternative statutory remedy under Section 107 of the West Bengal GST Act, 2017 does not bar the writ jurisdiction under Article 226 where there is a clear violation of the principles of natural justice. This judgment upholds settled precedent, providing binding authority for GST practitioners […]
The Uttarakhand High Court reaffirmed that once a final report has been filed in a criminal matter, a writ petition challenging the pending investigation or process may be rendered infructuous. This order clarifies that such dismissals do not involve adjudication on merits and thus do not affect existing precedents in criminal procedure. Practitioners should note […]
The Uttarakhand High Court holds that when all private parties to a financial embezzlement case have voluntarily compounded the offence and no public interest is hindered, entire criminal proceedings under the specified BNS sections may be quashed under Section 528 BNSS. The judgment affirms established precedent and reinforces the discretionary power of the court to […]
The Uttarakhand High Court affirms that even for non-compoundable offences like Section 307 IPC (Attempt to Murder), proceedings may be quashed in appropriate cases where parties have resolved their disputes. The judgment upholds earlier discretion-based precedent, emphasizing the primacy of justice over technical objections, and serves as binding authority for courts in Uttarakhand. Summary […]
A writ petition filed becomes infructuous upon the filing of the final report by the investigating agency; the High Court summarily dismissed such a petition, affirming existing practice. This order aligns with standing procedure and serves mainly as a procedural reference for similar future cases in Uttarakhand. Summary Category Data Case Name WPCRL/1740/2021 of […]