When Can an Ex Parte Decree Be Set Aside for Non-Appearance of Defendant? Clarification of “Sufficient Cause” and Procedural Fairness Under Order 9 Rules 7 and 13 CPC – Precedent from Rajasthan High Court

The Rajasthan High Court has clarified that setting aside an ex parte decree under Order 9 Rule 13 CPC is

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October 30, 2025 | High Court Of Rajasthan

Can a Writ Petition Be Withdrawn With Liberty to File Afresh for Better Particulars? (Affirmation of Existing Procedural Law)

Uttarakhand High Court reaffirms that petitioners may withdraw a writ petition, with explicit liberty to file a fresh petition incorporating

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October 30, 2025 | High Court of Uttarakhand

Under What Circumstances Is Ex-Parte Decree Set Aside for Sufficient Cause? — Precedent Clarified and Procedural Irregularities Reaffirmed as Valid Ground

The Rajasthan High Court clarifies the legal standard for setting aside ex-parte decrees under Order 9 Rule 13 CPC, holding

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October 30, 2025 | High Court Of Rajasthan

Can High Courts Rule on Section 148 Income Tax Notices When Identical Issues Are Pending Before the Supreme Court? Judicial Discipline in Deferring Adjudication and the Binding Effect of Future Apex Court Rulings

The Himachal Pradesh High Court affirmed that when the legality of an Income Tax notice under Section 148—based on similar

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October 30, 2025 | High Court of Himachal Pradesh

Does the Pendency of a Writ Petition Challenging Delay in Disposal of Income Tax Appeals Survive Once the Appellate Authority Has Passed Its Order? Reaffirmation of Existing Law – Practical Guidance on Infructuous Constitutional Writs in Tax Proceedings.

A writ petition filed challenging inaction or delay by the income-tax Appellate Authority becomes infructuous once the authority passes the

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October 30, 2025 | Calcutta High Court

When is Grant of Bail Appropriate Despite Serious Allegations of Fraud and Extended Custody Under the Bharatiya Nagarik Suraksha Sanhita, 2023?

The court reiterated that second/successive regular bail petitions are maintainable in law when there is substantial change in circumstances, and

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October 30, 2025 | High Court of Punjab and Haryana

Can Temporary Injunctions Be Granted in Specific Performance Suits Without Prima Facie Evidence of Possession or Irreparable Injury?

Punjab and Haryana High Court reiterates that temporary injunctions in suits for specific performance cannot be granted simply based on

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October 30, 2025 | High Court of Punjab and Haryana

When Can an Appeal Be Dismissed for Default Due to Non-Prosecution? — Reaffirmation of Court’s Power to Dismiss for Want of Prosecution as Binding Authority

The Court confirms that an appeal may be dismissed for default when appellants, despite due service, repeatedly fail to appear

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October 30, 2025 | High Court of Punjab and Haryana

When Is a Regional Transport Authority Required to Consider and Decide Temporary Permit Applications for Stage Carriages in Defaulted Vacancies?

Kerala High Court reiterates that upon receipt of a temporary permit application to operate a stage carriage in a defaulted

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October 30, 2025 | High Court of Kerala

Can Qualifying Past Service in Non-Provincialised Agencies Be Counted for Pension When Regularisation Occurred Before 01.04.2003? Madras High Court Affirms Applicability of R.Kaliyamoorthy and Ensures Equality in Service Benefits

Madras High Court clarifies that, in line with the Full Bench decision in R.Kaliyamoorthy, service rendered in non-provincialised entities like

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October 30, 2025 | Madras High Court

Can Income from Perks and Allowances Be Included in Compensation Calculations under the Motor Vehicles Act? — Madras High Court Upholds Expanded Interpretation and Adjusts Principles for Loss of Income

Madras High Court clarifies that for loss of income computation in fatal motor accident claims, allowances such as House Rent

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October 30, 2025 | Madras High Court