The Orissa High Court has held that where an accused has already applied for the requisite licence and the application is pending due to no fault of the applicant, criminal liability for contravention of the Essential Commodities Act does not arise, as the requisite mens rea is absent. This ruling affirms existing precedent (especially Nathulal […]
The Madras High Court affirms, in line with the Full Bench judgment in S. Ganapathy v. N. Senthilvel, that appeals against acquittal in Section 138 NI Act cases are to be presented before the Sessions Court and not the High Court. This position clarifies the appellate forum, upholds existing precedent, and serves as binding authority […]
The judgment upholds the principle that when the Supreme Court has affirmed an interim order of bail in an SC/ST Act offence, the High Court may convert such interim bail into regular bail, provided bail conditions are not misused. This reaffirms existing precedent and clarifies the limited scope and effect of such protection. Summary […]
The High Court reaffirms that a writ petition may be withdrawn with liberty to file afresh with better particulars, without adjudicating on the merits; such an order carries no precedential value on questions of law or fact and does not settle the legal issue. This maintains the existing precedent, allowing procedural liberty for petitioners in […]
Punjab and Haryana High Court affirms that the right to speedy trial under Article 21 can justify grant of bail in NDPS commercial quantity cases, even where Section 37 imposes strict conditions—if trial is unduly delayed due to State inaction. Judgment upholds and applies recent Supreme Court and High Court precedents, serving as binding authority […]
Orissa High Court holds that Assistant Settlement Officers (ASOs) have no jurisdiction under the Orissa Survey and Settlement Act, 1958 (OSS Act) to override or set aside lease validity already determined under the Orissa Government Land Settlement Act, 1962 (OGLS Act); reiterates that powers conferred on different authorities must be exercised only as prescribed by […]
The Orissa High Court expressly confirms that Tahasildars must register applications for mutation as a matter of legal duty and proceed for final disposal as per law, following existing precedent. This decision upholds the settled position and is binding on subordinate revenue authorities, reinforcing the enforceability of applicant rights in mutation proceedings. Summary Category […]
The Orissa High Court categorically clarifies that Assistant Settlement Officers (ASOs) exercising powers under the Orissa Survey and Settlement Act, 1958 cannot, even suo motu and at the draft Record of Rights stage, override or disregard lease orders passed by competent authorities under the Orissa Government Land Settlement Act, 1962. This judgment upholds consistent prior […]
The Orissa High Court has reaffirmed that a Tahasildar is duty-bound to register any mutation application presented before them and proceed for final disposal as per law. This judgment relies on and follows prior judicial precedent, establishing binding authority for revenue proceedings in Odisha. Summary Category Data Case Name WP(C)/18902/2025 of Ajita Kumar Sahoo […]
Punjab & Haryana High Court holds that long incarceration and slow trial, not attributable to the accused, can dilute Section 37 NDPS Act restrictions on granting regular bail—even in commercial quantity cases—upholding Supreme Court and prior High Court authority. Stands as binding precedent for subordinate courts handling NDPS cases involving prolonged pre-trial detention. Summary […]
The Court held that when interim bail granted by the High Court under Section 438 Cr.P.C. is affirmed by the Supreme Court and there are no allegations of misuse of concession, the interim order may be made absolute and converted into regular bail. This judgment upholds established principles and is binding on all subordinate courts […]
The Punjab & Haryana High Court has clarified that upon satisfactory compliance with investigation requirements after an order granting anticipatory bail under Section 482 BNSS, courts may make such relief absolute if the investigating agency confirms non-requirement of the petitioner for further investigation. This judgment upholds procedural continuity under the Bharatiya Nagarik Suraksha Sanhita, 2023, […]