All High Courts Case Commentaries

Refusal of Judicial Remand Does Not Bar Further Investigation or Subsequent Cognizance; Summoning Needs No Separate Reasons if Cognizance Reflects Application of Mind

Date: Jul 16, 2026

Refusal of Judicial Remand Does Not Bar Further Investigation or Subsequent Cognizance; Summoning Needs No Separate Reasons if Cognizance Reflects Application of Mind 1. Introduction In Adeem Ali v....

Pension/Gratuity Cannot Be Withheld Absent Instituted Departmental or Judicial Proceedings (CSR Articles 168-A & 168-D)

Date: Jul 16, 2026

Pension/Gratuity Cannot Be Withheld Absent Instituted Departmental or Judicial Proceedings (CSR Articles 168-A & 168-D) 1. Introduction The Jammu & Kashmir and Ladakh High Court at Srinagar (Acting...

“Benign Neglect” for Stray Media Criticism: Kerala High Court Reaffirms High Threshold for Criminal Contempt Based on Alleged “Scandalising” Remarks

Date: Jul 15, 2026

“Benign Neglect” for Stray Media Criticism: Kerala High Court Reaffirms High Threshold for Criminal Contempt Based on Alleged “Scandalising” Remarks Case: N.PRAKASH v. ADV. ASHA R.K. @ ASHA UNNITHAN...

Recruitment Rules Denying Any Promotional Avenue are Arbitrary under Articles 14 & 16: Direction to Frame a Reasonable Promotion Channel

Date: Jul 15, 2026

Recruitment Rules Denying Any Promotional Avenue are Arbitrary under Articles 14 & 16: Direction to Frame a Reasonable Promotion Channel 1. Introduction Case: VIDYASAGAR RATRE v. STATE OF...

Late-Filed Section 340 Cr.P.C. Applications Do Not Stall Section 125 Cr.P.C. Maintenance Decisions; Section 340 Proceedings Are Independent

Date: Jul 14, 2026

Late-Filed Section 340 Cr.P.C. Applications Do Not Stall Section 125 Cr.P.C. Maintenance Decisions; Section 340 Proceedings Are Independent 1) Introduction In Umesh Vidyarthi v. Madhubala And Another...

Patients Cannot Dictate Diagnostic Tests: Doctor’s Diagnostic Prerogative and the Need for a Justiciable Cause in Writ Proceedings

Date: Jul 14, 2026

Patients Cannot Dictate Diagnostic Tests: Doctor’s Diagnostic Prerogative and the Need for a Justiciable Cause in Writ Proceedings 1) Introduction Case: ARUN P.K v. STATE OF KERALA (2026 KER 51586)...

Once Amendment is Allowed, the Unamended Leave-to-Defend Pleading Becomes Inefficacious in Order XXXVII CPC Suits

Date: Jul 14, 2026

Once Amendment is Allowed, the Unamended Leave-to-Defend Pleading Becomes Inefficacious in Order XXXVII CPC Suits AB. GANI GANAIE AND ANR v. AB. GANI BHAT (Jammu & Kashmir and Ladakh High Court,...

Rule 13 Permission Breach Is Misconduct, Not a Ground to Invalidate a Recognised Degree—Seniority-Based Right to In‑Charge Principalship

Date: Jul 14, 2026

Rule 13 Permission Breach Is Misconduct, Not a Ground to Invalidate a Recognised Degree—Seniority-Based Right to In‑Charge Principalship 1. Introduction In MRS MALLIKA DEVI v. THE STATE OF ASSAM AND...

Prolonged Undertrial Incarceration and Role-Based Bail under MCOCA Despite Section 21(4) Restrictions

Date: Jul 13, 2026

Prolonged Undertrial Incarceration and Role-Based Bail under MCOCA Despite Section 21(4) Restrictions Case: ARUN MUTHU v. STATE OF NCT DELHI Citation: 2026 DHC 5431 Court: Delhi High Court Date:...

Election Petitions Cannot Adjudicate Caste Certificate Validity: Exclusive Domain of Statutory/Scrutiny Committees

Date: Jul 13, 2026

Election Petitions Cannot Adjudicate Caste Certificate Validity: Exclusive Domain of Statutory/Scrutiny Committees Case: Radha Charan v. State Of U.P. And 2 Others (Election Petition No. 6 of 2022)...

UAPA Bail: Parity Denied Where Prior Rejection Has Attained Finality and Material Shows “Core Conspirator” Role Linked to Riot Deaths

Date: Jul 13, 2026

UAPA Bail: Parity Denied Where Prior Rejection Has Attained Finality and Material Shows “Core Conspirator” Role Linked to Riot Deaths Case: ATHAR KHAN v. STATE OF NCT OF DELHI Citation: 2026 DHC...

Interim Release of NDPS-Seized Vehicles: Confiscation Risk Is Not a Bar; Release on Superdari with Inventory Safeguards under BNSS §497

Date: Jul 13, 2026

Interim Release of NDPS-Seized Vehicles: Confiscation Risk Is Not a Bar; Release on Superdari with Inventory Safeguards under BNSS §497 1) Introduction In ANJUM RAFIQ v. UT OF J AND K TH COMMISSIONER...

Section 43D(5) UAPA as Procedural Law: Retrospective Applicability to Pending Cases and “Fag-End Trial” as a Decisive Anti-Bail Factor

Date: Jul 13, 2026

Section 43D(5) UAPA as Procedural Law: Retrospective Applicability to Pending Cases and “Fag-End Trial” as a Decisive Anti-Bail Factor 1. Introduction The Delhi High Court (Prathiba M. Singh, J. and...

Termination of Pregnancy up to 24 Weeks: No Court Permission Required When MTP Act Conditions Are Met

Date: Jul 13, 2026

Termination of Pregnancy up to 24 Weeks: No Court Permission Required When MTP Act Conditions Are Met 1. Introduction The Madhya Pradesh High Court (Jabalpur Bench), per Justice Vishal Mishra,...

Quashing Drug Prosecutions for (i) Limitation Bar and (ii) Defeat of Section 25(3) Right Due to Delay

Date: Jul 11, 2026

Quashing Drug Prosecutions for (i) Limitation Bar and (ii) Defeat of Section 25(3) Right Due to Delay Case: DR. JOHNS LAB PVT LTD THROUGH ITS DIRECTOR v. STATE THROUGH DRUG INSPECTOR (FOOD AND DRUG...

Consent-Terms Reservation Preserves Pending Section 138 Prosecution Despite Settlement; Civil Detention in Execution Is Not Double Jeopardy

Date: Jul 11, 2026

Consent-Terms Reservation Preserves Pending Section 138 Prosecution Despite Settlement; Civil Detention in Execution Is Not Double Jeopardy Case: SH. RAJPAL NAURANG YADAV & ANR. v. M/S. MURLI...

Judicial Review of Suspension of Judicial Officers: Interference Only for Ex Facie Illegality, Documents Not Mandatory at Suspension Stage, and a Three‑Month Outer Limit for Inquiry

Date: Jul 11, 2026

Judicial Review of Suspension of Judicial Officers: Interference Only for Ex Facie Illegality, Documents Not Mandatory at Suspension Stage, and a Three‑Month Outer Limit for Inquiry 1. Introduction...

Recruitment Advertisements: OBC (Delhi) Benefit Depends on Advertisement’s Certificate-Specific Conditions; Caste Coverage Alone is Insufficient

Date: Jul 10, 2026

Recruitment Advertisements: OBC (Delhi) Benefit Depends on Advertisement’s Certificate-Specific Conditions; Caste Coverage Alone is Insufficient 1. Introduction The Delhi High Court in SHASHI v....

Structured Restitution as a Condition for Quashing a Negligence-Death FIR under BNS Section 106(1)

Date: Jul 10, 2026

Structured Restitution as a Condition for Quashing a Negligence-Death FIR under BNS Section 106(1) 1. Introduction The decision in SRI. VELU @ VELMAYIL SOMU v. THE STATE OF KARNATAKA (Karnataka High...

Recognised Stock Exchange Officials as “Public Servants” under Section 2(c)(viii) PC Act: Constitutionality of the “Public Duty” Test and Trial-Stage Determination

Date: Jul 10, 2026

Recognised Stock Exchange Officials as “Public Servants” under Section 2(c)(viii) PC Act: Constitutionality of the “Public Duty” Test and Trial-Stage Determination 1) Introduction The Delhi High...