Does Moratorium under Sections 14 and 101 of IBC Stay Section 138 NI Act Proceedings Against Directors and Guarantors?—Precedent Upheld

Clarifies that the moratorium under IBC stays criminal proceedings under Section 138 NI Act only against the corporate debtor and

READ MORE
November 2, 2025 | High Court of Himachal Pradesh

Does Payment to One Partner Constitute Discharge of Liability Under Section 138 NI Act When Cheque Is Issued to Another Partner? — Reaffirmation of Existing Legal Principles on Rebuttal of Presumption in Cheque Dishonour Cases

The Himachal Pradesh High Court reaffirmed that in cases under Section 138 of the Negotiable Instruments Act, payment made to

READ MORE
November 2, 2025 | High Court of Himachal Pradesh

Can an Objection of Non-Joinder of Necessary Parties Be Raised at the Stage of Final Arguments? — Reaffirmation of Waiver Under Order 1 Rule 13 CPC

The Himachal Pradesh High Court reiterated that objections regarding non-joinder or mis-joinder of parties must be raised at the earliest

READ MORE
November 2, 2025 | High Court of Himachal Pradesh

Can High Courts Interfere Under Article 227 in Consolidation Revision Orders Absent Manifest Error or Perversity? – Reaffirming the Limited Scope of Supervisory Jurisdiction

The Uttarakhand High Court has reaffirmed that its powers under Article 227 of the Constitution are confined to correcting manifest

READ MORE
November 2, 2025 | High Court of Uttarakhand

When Can an Insurer Be Directed to “Pay and Recover” Third-Party Motor Accident Compensation Despite Lapse of Insurance? – Binding Authority on the Robust Application of Section 149, Motor Vehicles Act

The High Court of Uttarakhand has unequivocally reaffirmed that even if a vehicle was not insured on the date of

READ MORE
November 2, 2025 | High Court of Uttarakhand

Can Government Regularization Orders Be Circumvented by Recasting Them as “Fresh Appointments”? — Orissa High Court Reasserts Mandamus Enforcement and Consequential Service Benefits

The Orissa High Court held that a government authority cannot nullify a judicial direction for regularization by issuing an order

READ MORE
November 2, 2025 | Orissa High Court

Does a Compromise After Registration, but Before Notice of Motion, Permit Withdrawal of a Regular Second Appeal? — Precedent on Voluntary Settlement and Judicial Disposition

A High Court bench has clarified that a regular second appeal may be withdrawn with consent of all parties when

READ MORE
November 2, 2025 | High Court of Punjab and Haryana

Whether Grant of Anticipatory Bail Can Be Confirmed When the Accused is Implicated Solely on a Co-Accused’s Disclosure and Has Joined Investigation?

The judgment reaffirms that when an accused person, implicated only on the basis of a co-accused’s disclosure statement, has duly

READ MORE
November 2, 2025 | High Court of Punjab and Haryana

Does Withdrawal of a Habeas Corpus Petition Under Article 226 Preclude Substantive Adjudication on the Merits?

The court permitted withdrawal of the habeas corpus petition at the petitioner’s request, without passing any substantive order on the

READ MORE
November 2, 2025 | High Court of Punjab and Haryana

Can Criminal Proceedings under the Bharatiya Nyaya Sanhita, 2023 be Quashed upon Compromise? Scope of Section 482 CrPC Reaffirmed by High Court

The High Court reaffirms the power to quash FIRs under Section 482 CrPC in light of a genuine compromise between

READ MORE
November 2, 2025 | High Court of Punjab and Haryana

Can High Courts Quash Non-Compoundable Offences Under BNS Based on Genuine Compromise?

The High Court of Punjab and Haryana confirms that its inherent powers under Section 482 CrPC permit the quashing of

READ MORE
November 2, 2025 | High Court of Punjab and Haryana