Can a Writ Petition Under Article 226 Be Withdrawn with Liberty to File a Better Petition?

Affirming Existing Procedural Practice by the Orissa High Court to Dispose Writ Petitions as Withdrawn While Preserving Litigants’ Right to

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August 19, 2025 | Orissa High Court

Is a Writ Petition Maintainable Against an Eviction Notice When a Statutory Appeal Exists Under Section 12(1) of the O.P.L.E. Act?

Orissa High Court Reaffirms the Need to Exhaust the Statutory Appeal Remedy, Directs Expedited Disposal and Interim Stay   Summary

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August 19, 2025 | Orissa High Court

Can a Writ Petition Be Maintained by a Non-Aggrieved Person Challenging a Decision Affecting Another?

High Court Reaffirms Locus Standi in Writ Jurisdiction Holding that only the aggrieved party can seek writ relief; petition disposed

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August 19, 2025 | Orissa High Court

Can an applicant withdraw a criminal miscellaneous petition for quashing an FIR without the High Court examining its merits?

Affirming procedural allowance for withdrawal at any stage; petition disposed as withdrawn with no merit assessment by a single-judge bench

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August 19, 2025 | High Court of Gujarat

Can dismissed criminal miscellaneous applications be restored on conditions of compliance with office objections?

High Court of Gujarat affirms its inherent power to restore procedurally dismissed criminal applications, subject to time-bound removal of office

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August 19, 2025 | High Court of Gujarat

Can an unexplained 506-day delay in filing a criminal application be condoned on the basis of an additional affidavit?

High Court of Gujarat upholds its inherent jurisdiction to condone lengthy delays upon acceptable explanation, providing binding guidance for condonation

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August 19, 2025 | High Court of Gujarat

Can a High Court grant leave to appeal against a dismissal for non-prosecution under Section 256(3) CrPC when the complainant’s absence was excused and evidence was prima facie misappreciated?

Affirming the discretionary power to grant leave to appeal in Section 138 NI Act cases where technical non-appearance and misappreciation

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August 19, 2025 | High Court of Gujarat

Can a plaintiff in a commercial suit under the Trade Marks Act withdraw the suit and secure a dismissal without costs?

Madras High Court affirms the procedural right to withdraw a commercial suit pre-adjudication, dismisses the action as withdrawn and closes

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August 19, 2025 | Madras High Court

Is Prior Notice Under Section 35(3) of the BNSS Act, 2023 Mandatory Before Arrest for Offences Punishable Up to Seven Years?

Affirming Arnesh Kumar Guidelines in the Context of the BNSS Act, 2023: High Court Directs Compliance with Section 35(3) (41A

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August 19, 2025 | High Court of Uttarakhand

Does Section 143(3) of the Negotiable Instruments Act, 1881 impose a mandatory six-month timeline for trials under Section 138 and empower the High Court to direct subordinate courts to comply?

The Uttarakhand High Court affirms the statutory obligation of expeditious summary trials under Section 143(3), NI Act, and uses its

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August 19, 2025 | High Court of Uttarakhand

Does failure to confront the accused with material circumstances under Section 313 CrPC vitiate the trial?

High Court reaffirms that omission to put specific incriminating evidence under Section 313 CrPC is a serious irregularity warranting quashing

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August 19, 2025 | High Court of Jharkhand

Can Civil Revision Petitions Be Dismissed for Non-Prosecution When Petitioners Fail to Appear?

Madras High Court Affirms Established Article 227 Procedure for Dismissal in Absence of Petitioners   Summary Category Data Case Name

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August 19, 2025 | Madras High Court