Reaffirmation of Precedent: No Appeal Lies Against Such Orders; Dismissal for Non-Maintainability is Binding Authority

The Calcutta High Court has restated that an order rejecting an application under Order VII Rule 10 of the CPC

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October 29, 2025 | Calcutta High Court

Is an Order Rejecting an Application Under Order VII Rule 10 CPC Appealable Under the Code?

The Court clarified that an order rejecting an application under Order VII Rule 10 of the Code of Civil Procedure

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October 29, 2025 | Calcutta High Court

Can Co-Sharers Seek Partition of Ancestral and Self-Acquired Properties After Long Delay When Ouster Is Not Pleaded or Proved?

The Court clarified that unless ouster is specifically pleaded and proved, the mere passage of time or separate possession does

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October 29, 2025 | Madras High Court

Does the Dismissal of a Second Appeal Without Reasoned Order Establish Binding Precedent on Substantive Law?

A High Court Single Judge’s summary dismissal of a second appeal without discussions or findings does not create binding authority

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October 29, 2025 | High Court for State of Telangana

Can Dismissal of an Appeal as Withdrawn Prejudice Merits in a Pending Writ Petition? — Clarification on the Legal Effect of Withdrawal of Appeals

The Calcutta High Court has affirmed that withdrawal and dismissal of an appeal does not operate as a decision on

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October 29, 2025 | Calcutta High Court

When Can a High Court Review Its Second Appeal Order for Exceeding Jurisdiction Without Framing a Substantial Question of Law? (Binding Precedent – Calcutta High Court Clarifies Scope of Review in Second Appeals)

The Calcutta High Court clarified that when a second appellate court exceeds its jurisdiction by deciding a question of fact

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October 29, 2025 | Calcutta High Court

Can State Employees Be Re-Transferred to Hard & Tribal Areas After Prior Service There? Himachal Pradesh High Court Affirms Bar on Re-Posting; Judgment as Binding Authority for Future Transfer Challenges

The court holds that, when a government servant has already served in a hard and tribal area, re-transferring them to

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October 29, 2025 | High Court of Himachal Pradesh

Does Absence of Reconveyance Clause in a Registered Deed Bar Interim Injunction in Loan-Collateral Disputes?

The court affirmed that where a registered deed of conveyance lacks any express condition of reconveyance on repayment, a plaintiff

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October 29, 2025 | Calcutta High Court

Can Visitation Rights Be Judicially Enforced When the Minor Child Expresses Reluctance to Meet the Non-Custodial Grandparent?

The Uttarakhand High Court reaffirmed that courts must not judicially enforce custody or visitation rights against the clear wishes of

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October 29, 2025 | High Court of Uttarakhand

When Do Criminal Revision Proceedings Abate Upon the Death of the Petitioner? – Clarification of Procedural Law and Its Binding Value

The High Court reaffirmed that criminal revision proceedings abate following the petitioner’s death, resulting in dismissal on abatement grounds. This

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October 29, 2025 | High Court of Himachal Pradesh

Does Mere Mention of a Pathway as a Boundary in a Sale Deed Confer Easementary Right by Grant? — Madras High Court Affirms Existing Precedent

The Madras High Court clarifies that the mere reference to a pathway (battai) as a boundary in a sale deed

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October 29, 2025 | Madras High Court

Does a Subsequent Withdrawal of Government Office Order Nullifying Reduction in Service Benefits Require Automatic Restoration of All Previously Withdrawn Benefits? — Precedent Set by the Himachal Pradesh High Court

The Himachal Pradesh High Court affirms that once an impugned office order withdrawing service benefits is withdrawn by the government

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October 29, 2025 | High Court of Himachal Pradesh