Does Withdrawal of Execution Applications Impact Judicial Precedent on Enforcement of Decrees Under the Civil Procedure Code?

Calcutta High Court allows withdrawal of execution application without addressing underlying questions of law; case does not alter existing precedent.

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November 5, 2025 | Calcutta High Court

Does the Dismissal of a Second Appeal for Default Without Hearing Amount to a Decision on Merits and Serve as a Binding Precedent? (Affirms Existing Procedural Law; Limited Precedential Value)

A High Court has reiterated that, where repeated opportunities are given but parties do not appear, second appeals may be

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November 4, 2025 | Calcutta High Court

Can High Courts Quash Non-Compoundable Offences in Matrimonial Cases Solely on the Basis of an MOU Without a Formal Joint Compromise Petition? Clarifying the Scope of Inherent Powers under Section 528 of BNSS for Private Matrimonial Disputes

The Calcutta High Court has reaffirmed that in private matrimonial disputes, the absence of a formal joint compromise petition is

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November 4, 2025 | Calcutta High Court

Does Payment Fulfilling Petitioner’s Claim Render Pending Writ Petitions Infructuous? – Upholding Procedural Finality in Constitutional Writ Jurisdiction

When the subject of a writ petition—here, the claim for payment—is fulfilled during the pendency of proceedings, the Calcutta High

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November 4, 2025 | Calcutta High Court

Calcutta High Court reaffirms that such adjudication lies exclusively with civil courts, clarifying the limits of the Commission’s powers – serves as binding precedent on jurisdictional competence.

The Court has categorically held that the National Commission for Scheduled Tribes cannot entertain or decide private tenancy disputes or

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November 4, 2025 | Calcutta High Court

Does Repeated Non-Appearance by Appellants Mandate Dismissal of Appeals for Default? — Clarification on Judicial Discretion and Procedural Finality

The Calcutta High Court has reaffirmed that repeated non-appearance by appellants, even after being granted a last opportunity, warrants dismissal

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November 4, 2025 | Calcutta High Court

Calcutta High Court Upholds Existing Practice; No New Substantive Legal Principle Enunciated; Dismissal for Default Has Limited Precedential Value

The Calcutta High Court reaffirmed that repeated non-appearance of parties results in dismissal for default in a second appeal, thereby

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November 4, 2025 | Calcutta High Court

Can a Second Appeal Be Dismissed for Default When the Appellant Fails to Appear?

The Calcutta High Court reiterates that persistent non-appearance by the appellant, despite repeated opportunities, mandates dismissal of second appeals for

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November 4, 2025 | Calcutta High Court

Can an Appeal Be Dismissed for Default When Both Parties Do Not Appear Despite Repeated Opportunities?

The Calcutta High Court confirms that where parties repeatedly fail to appear, an appeal may be dismissed for default after

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November 4, 2025 | Calcutta High Court

Does the Non-Appearance of Petitioner Justify Dismissal of a Writ Petition for Default?

The Calcutta High Court reaffirmed that where a petitioner does not appear and has not sought accommodation, dismissal for default

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November 4, 2025 | Calcutta High Court