Dismissal of an appeal for non-prosecution by the Calcutta High Court does not result in any authoritative pronouncement on the merits of the questions of law raised; such a dismissal carries no precedential value and does not disturb existing legal principles. This procedural order is not binding on subordinate courts and cannot be cited as […]
The Orissa High Court reiterated that criminal liability under Section 7 of the Essential Commodities Act cannot be fastened solely on the vehicle owner in absence of evidence of actual contravention or involvement, upholding the Supreme Court’s ruling in Bijay Kumar Agarwal v. State of Orissa. This judgment has binding precedential value for all courts […]
Orissa High Court Reaffirms the Need to Properly Weigh Defence Evidence Before Conviction Under the Essential Commodities Act Summary Category Data Case Name CRA/256/1996 of B.MADHUSUDAN Vs M.Y.CHETTY CNR ODHC010009891996 Date of Registration 25-06-1996 Decision Date 28-10-2025 Disposal Nature Disposed Off Judgment Author MR. JUSTICE SIBO SANKAR MISHRA Court Orissa High Court Precedent Value […]
When a writ petition is dismissed for non-prosecution, the court does not adjudicate the substantive legal questions involved; such an order does not create precedent or binding authority. The judgment clarifies that procedural dismissals for default merely vacate interim protections and do not affect the development of legal principles for future cases. Summary Category […]
The Court reaffirms that HRTC must pay all retiral dues, including interest for delayed payments, in line with prior binding precedents; this judgment applies established law and serves as binding authority within Himachal Pradesh for public sector retirement benefits. Summary Category Data Case Name CWP/15244/2025 of PARVEEN KUMAR Vs HRTC AND ORS CNR HPHC010522772025 […]
Promotion from Kennelman to Constable under Punjab Police standing orders cannot be claimed merely because the employee underwent training; actual discharge of Kennelman duties and supporting evidence are essential. The High Court did not decide the merits, allowing withdrawal with liberty to refile upon obtaining further proof. Existing requirements remain undisturbed; this order serves as […]
Anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita, 2023, can be granted subject to unique conditions, including community work, as part of judicial discretion. This judgment upholds precedent on court’s power to innovate safeguard conditions and stands as binding authority for subordinate courts in Punjab and Haryana. Summary Category Data Case Name CRM-M/64598/2024 of […]
Regular bail must be granted when an accused has been in custody for an extended period, the trial is likely to take considerable time, and there is no evidence of misuse of bail; the judgment upholds established constitutional and bail principles. The decision reaffirms the importance of Article 21 (right to personal liberty) and serves […]
The Calcutta High Court holds that, at the pre-cognizance stage under the BNSS, Magistrates are not required to examine the complainant and witnesses before issuing a notice to the proposed accused; affirms its prior precedent in Kaberi Dey (2025), overrides conflicting reasoning, and establishes a binding procedural protocol for subordinate courts in West Bengal. […]
Clarification on the Effect of Full State Compliance with Prior Court Directions in Writ Proceedings Under Article 226 Summary Category Data Case Name WPA/22414/2025 of BANASHREE DAS Vs STATE OF WEST BENGAL AND ORS. CNR WBCHCA0439712025 Date of Registration 16-09-2025 Decision Date 28-10-2025 Disposal Nature DISPOSED Judgment Author HON’BLE JUSTICE SUVRA GHOSH Court Calcutta […]
A High Court bench has reaffirmed the settled principle that failure to comply with pre-conditions imposed by court orders, together with repeated absence of the petitioner or their counsel, justifies dismissal of a writ petition for non-prosecution. Existing precedent is followed, and the judgment carries binding value for similar future cases in banking and writ […]
The High Court reiterated that rejection of representations by administrative authorities must be accompanied by a speaking and reasoned order, ensuring application of mind and transparency. The court quashed a non-speaking order and directed reconsideration with reasons, reaffirming an essential procedural requirement binding on subordinate authorities. Summary Category Data Case Name WP(C)/2976/2022 of TRILOKI […]