The High Court has reaffirmed that lack of appearance by the petitioner or their counsel on consecutive dates amounts to non-prosecution and justifies dismissal of the petition. This maintains existing precedent on judicial discretion in managing the court’s docket and is binding authority for similar matters in all subordinate courts within the High Court’s jurisdiction. […]
The Orissa High Court clarifies that the existence of a minimum sentence under Section 7 of the Essential Commodities Act, 1955, does not preclude the benefits of the Probation of Offenders Act, 1958, for technical or non-intentional violations. This judgment follows and applies recent Supreme Court precedent, affirming binding authority within its jurisdiction for cases […]
Quashing permitted under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, when parties have settled voluntarily and without coercion, even for offences under Sections 420, 406 IPC and 24 of the Immigration Act. The High Court applies and upholds Full Bench and Supreme Court precedents, reaffirming binding authority for similar future cases involving private/commercial disputes. […]
The High Court of Sikkim reaffirms that when parties are bound by an arbitration clause, High Courts should exercise extreme circumspection before invoking their extraordinary writ jurisdiction under Article 226, absent mala fides. The decision upholds existing Supreme Court precedent, specifically distinguishing situations where arbitration clauses exist, and clarifies the limited scope of interference in […]
The Madras High Court reiterates that any deviation from the specific procedural requirements of Clause 33 of the Bipartite Settlement—in particular, improper notice periods—renders the purported “voluntary cessation” of employment invalid. The judgment upholds the principle that banking employers must follow the Settlement’s procedure in letter and spirit before treating service as voluntarily ceased. This […]
The Madras High Court held that when an employee is allowed to continue in service for an extended period beyond prescribed probation, with all benefits of a permanent employee, summary termination as a probationer without notice is not justifiable—even if the original appointment was irregular but not illegal. Court reaffirmed and applied the Supreme Court’s […]
The Punjab and Haryana High Court has affirmed that when the primary FIR has been quashed following a settlement, ancillary proceedings under Section 174-A IPC—arising solely from a non-appearance in the original case—must also be quashed. This judgment upholds existing precedent and clarifies that subordinate courts in Haryana must follow this standard, providing binding guidance […]
The judgment reiterates that absent ouster, prejudice, or detriment to a co-owner’s interest, a co-owner not in exclusive possession cannot obtain an injunction merely to prevent construction or alteration by another co-owner; the proper remedy is partition. This position upholds Full Bench and Division Bench precedents of the Punjab and Haryana High Court and is […]
The High Court clarified that, in the factual matrix of this case, an anticipatory bail application under Section 438 CrPC can be converted to a regular bail application, and if such interim bail is upheld by the Supreme Court, the High Court may make the order absolute for the specific FIR. This judgment follows existing […]
When a retired employee approaches the court for retrospective conferment of daily wage status and regularization of service long after the cause of action, and without any explanation for the delay, such a petition is liable to be rejected due to delay and laches. The Himachal Pradesh High Court, reaffirming established legal principles and following […]
The High Court reaffirmed that interference in appeals against acquittal is permitted only if the judgment is perverse, based on misreading or omission of material evidence, and when no two reasonable views are possible—thus upholding well-settled Supreme Court precedent and offering binding authority for limited appellate review in criminal acquittals. Summary Category Data Case […]
The Calcutta High Court clarifies that in cases of contractual employment, unless the terms of the contract or applicable rules explicitly require a disciplinary proceeding before suspension, or provide for suspension allowance, the employer may suspend the contractual employee without either. This judgment upholds existing law and is binding on subordinate courts within West Bengal, […]