Calcutta High Court holds that writ petition challenging notice to appear under Section 94/179 of the BNSS, when petitioner is not named as accused and proper reasons are given, is not maintainable. Reaffirms that such investigative steps cannot be interfered with in the absence of legal infirmity—serves as binding precedent for subordinate judiciary in West […]
The Calcutta High Court has held that the pre-deposit requirement under Section 35F of the Central Excise Act, 1944 is explicit, mandatory, and not subject to discretionary waiver even in cases of alleged financial hardship, unless a statutory exception applies. This judgment upholds existing precedent and provides binding clarity for all subordinate courts dealing with […]
Orissa High Court affirms that minor contradictions in prosecution testimony and alleged procedural lapses under Sections 42 and 50 NDPS Act, when not borne out by the record, do not vitiate conviction. The judgment upholds existing precedent and provides binding authority on compliance standards for narcotic searches and seizure cases in Orissa. Summary Category […]
The Rajasthan High Court has clarified that setting aside an ex parte decree under Order 9 Rule 13 CPC is not justified in the absence of a reasonable or sufficient cause for the defendant’s non-appearance; procedural fairness must be maintained, and courts are not to exercise undue indulgence contrary to established procedure. This judgment upholds […]
Uttarakhand High Court reaffirms that petitioners may withdraw a writ petition, with explicit liberty to file a fresh petition incorporating better particulars. This aligns with established procedural law and carries binding authority for subordinate courts in Uttarakhand regarding withdrawal and refiling of writ petitions. Summary Category Data Case Name WPMB/886/2025 of TARUN PANGARIA PROPRIETOR […]
The Rajasthan High Court clarifies the legal standard for setting aside ex-parte decrees under Order 9 Rule 13 CPC, holding that mere procedural non-appearance without sufficient reason does not justify ex-parte decrees; the reversal here reaffirms binding precedent, emphasizing the duty to ensure fair participation. This decision is binding on subordinate courts and offers clear […]
The Himachal Pradesh High Court affirmed that when the legality of an Income Tax notice under Section 148—based on similar facts and legal issues—is already under the Supreme Court’s consideration, High Courts should refrain from giving any opinion and direct that their cases will be governed by the Supreme Court’s eventual outcome. This approach maintains […]
Where a High Court judgment is stayed by the Supreme Court, any relief under that judgment for subsequent petitioners is subject to the outcome of the Supreme Court proceedings. This upholds the principle that interim orders of the Supreme Court prevail and clarifies the limited interim enforceability of such precedents. The decision is relevant for […]
A writ petition filed challenging inaction or delay by the income-tax Appellate Authority becomes infructuous once the authority passes the appellate order during the petition’s pendency. The Calcutta High Court here upholds existing precedent, confirming that such writs must be dismissed as infructuous. This serves as binding authority within West Bengal for similar situations in […]
The court reiterated that second/successive regular bail petitions are maintainable in law when there is substantial change in circumstances, and that extended undertrial incarceration without substantial trial progress – even in serious economic offences – warrants bail citing Article 21 of the Constitution. The judgment consolidates and applies established Supreme Court and High Court precedent […]
Punjab and Haryana High Court reiterates that temporary injunctions in suits for specific performance cannot be granted simply based on assertions of earnest money without substantive prima facie evidence, irreparable injury, and balance of convenience. Affirming existing Supreme Court precedent, this decision provides authoritative guidance for interim relief applications in property transactions within the jurisdiction. […]
The Court confirms that an appeal may be dismissed for default when appellants, despite due service, repeatedly fail to appear or prosecute the case, thus upholding settled precedent on the consequences of non-prosecution. This order stands as binding precedent for procedural defaults within the territorial jurisdiction of the High Court of Punjab and Haryana. […]