All High Courts Case Commentaries

The Imperative of Impartiality in Arbitration: Revisiting Arbitration Clause Validity in Commercial Disputes

Date: Apr 9, 2025

The Imperative of Impartiality in Arbitration: Revisiting Arbitration Clause Validity in Commercial Disputes Introduction In the judgment of BALASORE ALLOYS LIMITED v. FLYNT MINING LLP AND ANR...

Judicial Recalibration of Premature Release Criteria: A Paradigm Shift in Reformation and Rehabilitation

Date: Apr 9, 2025

Judicial Recalibration of Premature Release Criteria: A Paradigm Shift in Reformation and Rehabilitation Introduction The judgment in Balu v. State of Kerala delivered by the Kerala High Court on...

Timely Filing of Section 64 Applications Supersedes Collector’s Reference: A New Precedent in Land Acquisition Law

Date: Apr 9, 2025

Timely Filing of Section 64 Applications Supersedes Collector’s Reference: A New Precedent in Land Acquisition Law Introduction In the case of Mangalsharan v. The State Of Madhya Pradesh, the Madhya...

Establishing Interim Measures for FCAM Charges Disputes: A New Precedent on Access to Common Amenities

Date: Apr 9, 2025

Establishing Interim Measures for FCAM Charges Disputes: A New Precedent on Access to Common Amenities Introduction The Judgment in Shradha Mody v. Macrotech Developers Limited delivered by the...

New Precedent on Condonation of Delay in Consumer Protection Appeals

Date: Apr 9, 2025

New Precedent on Condonation of Delay in Consumer Protection Appeals Introduction The case of SAMARTH CONSTRUCTIONS AND ANR v. PUSHPA CHANDRAKANT MATE before the Bombay High Court has garnered...

Ensuring a Judicial Approach in Preliminary Limitation Determinations in Arbitration

Date: Apr 9, 2025

Ensuring a Judicial Approach in Preliminary Limitation Determinations in Arbitration Introduction The judgment in the matter of Urban Infrastructure Real Estate Fund v. Bhavik Rashmi Bhimjyani and 4...

No Automatic Liability for Failed Sterilization Absent Proven Negligence or Patient Non‑Compliance

Date: Apr 9, 2025

No Automatic Liability for Failed Sterilization Absent Proven Negligence or Patient Non‑Compliance 1. Introduction The present commentary examines the decision of the Punjab & Haryana High Court in...

Recognition of Supernumerary Reservation Posts and Prohibition of Negative Parity Claims in University Appointments

Date: Apr 9, 2025

Recognition of Supernumerary Reservation Posts and Prohibition of Negative Parity Claims in University Appointments Introduction The petition in Deepak Pathania v. Central University of Himachal...

Mandatory Preconditions for Termination Under Rajasthan Non‑Government Educational Institutions Act

Date: Apr 9, 2025

Mandatory Preconditions for Termination Under Rajasthan Non‑Government Educational Institutions Act Introduction Managing Committee, D.A.V. Uchh Madhyamik Vidyalaya, Kesarganj (“the Petitioner”)...

Mandatory Merits-Based Adjudication in CGST Appeals: Overruling Default Dismissals

Date: Apr 9, 2025

Mandatory Merits-Based Adjudication in CGST Appeals: Overruling Default Dismissals Introduction This judgment, delivered by the Kerala High Court on April 8, 2025, in the case of ST. ANTONY TRADING...

Establishment of No Limitation Period under Rule 16 Drawback Rules and Mandate to Exhaust Statutory Remedy

Date: Apr 9, 2025

Establishment of No Limitation Period under Rule 16 Drawback Rules and Mandate to Exhaust Statutory Remedy 1. Introduction The Delhi High Court in RAJBIR SINGH v. UNION OF INDIA & ORS. (2025 DHC...

Supremacy of Registered Conveyance and Limits on Administrative Resumption: Protection of Property Rights Under Article 300-A

Date: Apr 9, 2025

Supremacy of Registered Conveyance and Limits on Administrative Resumption: Protection of Property Rights Under Article 300-A Introduction M/S Penguin Enterprises Private Limited (“the Petitioner”)...

Independent Applicability of Section 679‑B and Section 23‑D under the A.P. Municipal Corporation Act, 1955

Date: Apr 9, 2025

Independent Applicability of Section 679‑B and Section 23‑D under the A.P. Municipal Corporation Act, 1955 Introduction The case of K. Suresh Babu v. The State of Andhra Pradesh arose from two...

Primacy of Medical Board Determination: Invalidity of Accounts Department Reassessment of Disability Pension

Date: Apr 9, 2025

Primacy of Medical Board Determination: Invalidity of Accounts Department Reassessment of Disability Pension Introduction The case of Union of India v. No. 2648428 Ex-Hav and Hony Nb/Sub Raghbir...

Constitutional Notification as Prerequisite for SC/ST Act Offences

Date: Apr 9, 2025

Constitutional Notification as Prerequisite for SC/ST Act Offences Introduction This case arises from Writ Petition (Cr.) No. 1146 of 2023, heard by the Jharkhand High Court on April 8, 2025. The...

Primacy of English Text in Regulatory Interpretation: B.Ed. Eligibility under NCTE Regulation, 2014

Date: Apr 8, 2025

Primacy of English Text in Regulatory Interpretation: B.Ed. Eligibility under NCTE Regulation, 2014 1. Introduction The writ petition in Sunita Gupta v. The State of Madhya Pradesh School Education...

Non‑Recognition of Marital Rape Under Section 377 IPC Post‑Amendment of Section 375

Date: Apr 8, 2025

Non‑Recognition of Marital Rape Under Section 377 IPC Post‑Amendment of Section 375 Introduction In the matter of Jaina Katlana D/O Bansilal Katlana v. The State of Madhya Pradesh & Another, Criminal...

Receipt of Arbitral Award as the Trigger for Limitation: A New Affirmation under Section 31(5) and 34(3) of the A&C Act

Date: Apr 8, 2025

Receipt of Arbitral Award as the Trigger for Limitation: A New Affirmation under Section 31(5) and 34(3) of the A&C Act Introduction The judgment in the case of Mrs. Kiran Suran v. Sh. Satish Kumar &...

Judicial Clarification on Passport Issuance amid Pending Criminal Proceedings – NOC under GSR 570(E)

Date: Apr 8, 2025

Judicial Clarification on Passport Issuance amid Pending Criminal Proceedings – NOC under GSR 570(E) 1. Introduction In Abdul Hamid v. Union of India & Anr. (WP(C) No. 3093/2024, Jammu & Kashmir High...

Regulatory vs. Pervasive Control: Defining “State” under Article 12 for Autonomous Research Institutes

Date: Apr 5, 2025

Regulatory vs. Pervasive Control: Defining “State” under Article 12 for Autonomous Research Institutes Introduction The case of Himanshu Dineshchandra Parekh v. Institute for Plasma Research & Ors....