All High Courts Case Commentaries

New Clarification on Maintenance Entitlements Under the Domestic Violence Act

Date: Jan 8, 2025

New Clarification on Maintenance Entitlements Under the Domestic Violence Act Introduction The High Court of Delhi, in the case of Neelam Walia v. Sanjay Walia (Crl.M.C. 4406/2019, decided on January...

Balancing Procedural Convenience and Custodial Duties: A Gender-Neutral Approach in Transfer Petitions in Matrimonial Cases

Date: Jan 8, 2025

Balancing Procedural Convenience and Custodial Duties: A Gender-Neutral Approach in Transfer Petitions in Matrimonial Cases Introduction The Judgment in SMT Sushmitha B L @ Uma v. Sri Raghavendra B...

The Presumptive Attributability Principle for Disability Pension: Kuldeep Singh v. Director General CRPF

Date: Jan 8, 2025

The Presumptive Attributability Principle for Disability Pension: Kuldeep Singh v. Director General CRPF 1. Introduction The judgment in Kuldeep Singh v. Director General CRPF and Ors., decided by...

The Defacto Complainant’s Right to Obtain a Copy of Their Section 164 Cr.P.C Statement Post-Final Report

Date: Jan 8, 2025

The Defacto Complainant’s Right to Obtain a Copy of Their Section 164 Cr.P.C Statement Post-Final Report Introduction This case, titled SNIGDHA KUMAR v. THE INSPECTOR OF POLICE, was decided by the...

Clarifying the “Ordinary Residence” Test Under the Guardian and Wards Act: The New Precedent in SULBHI AND ORS v. BHAVNESH KUMAR

Date: Jan 8, 2025

Clarifying the “Ordinary Residence” Test Under the Guardian and Wards Act: The New Precedent in SULBHI AND ORS v. BHAVNESH KUMAR 1. Introduction The case of SULBHI AND ORS v. BHAVNESH KUMAR, decided...

Transposition Prohibited: Strengthening Time-Bound Challenges in Election Petitions

Date: Jan 8, 2025

Transposition Prohibited: Strengthening Time-Bound Challenges in Election Petitions 1. Introduction This commentary examines the Karnataka High Court’s decision in Kudleppa S/O Veerasangappa...

Rapid Justice Upheld: Defending Expeditious Consolidation Proceedings Amid Allegations of Bias

Date: Jan 8, 2025

Rapid Justice Upheld: Defending Expeditious Consolidation Proceedings Amid Allegations of Bias Introduction The judgment in Smt. Manorma Tiwari v. State Of UP And 3 Others marks an important...

Madras High Court’s Clarification on Compensation for Improper Preventive Detention

Date: Jan 8, 2025

Madras High Court’s Clarification on Compensation for Improper Preventive Detention 1. Introduction The Judgment under review is Eswaran R v. The Government of Tamil Nadu, decided by the Hon’ble...

Enforcing the Validity of the National Sports Code's Relaxation Clause with Strict Accountability: The New Judicial Mandate

Date: Jan 8, 2025

Enforcing the Validity of the National Sports Code's Relaxation Clause with Strict Accountability: The New Judicial Mandate 1. Introduction This commentary examines the Delhi High Court’s judgment in...

Reaffirming Proportionality in Disciplinary Punishments: Delhi High Court’s Guidance

Date: Jan 8, 2025

Reaffirming Proportionality in Disciplinary Punishments: Delhi High Court’s Guidance Introduction This commentary examines the Delhi High Court’s decision in W.P.(C) 7570/2016, Babrey Singh v. Union...

Recognizing “Relationships in the Nature of Marriage” Under the Domestic Violence Act

Date: Jan 8, 2025

Recognizing “Relationships in the Nature of Marriage” Under the Domestic Violence Act Introduction The Delhi High Court’s judgment in Anamika Chandel v. Dr. Naresh Chandel (decided on January 7,...

Judicial Clarification on Unauthorized Minor Property Sales and Banking Discretion

Date: Jan 8, 2025

Judicial Clarification on Unauthorized Minor Property Sales and Banking Discretion Introduction The case of Yamuna Kumari v. The Sub Registrar before the Kerala High Court presents an intricate legal...

New Precedent: Inapplicability of Restrictive Arbitration Clauses Limiting Legal Proceedings

Date: Jan 8, 2025

New Precedent: Inapplicability of Restrictive Arbitration Clauses Limiting Legal Proceedings Introduction The case of M/S. Bhageeratha Engineering Ltd. v. State of Kerala, decided by the Kerala High...

Kerala High Court Reaffirms Non-Quashability of POCSO Charges Despite Settlement

Date: Jan 7, 2025

Kerala High Court Reaffirms Non-Quashability of POCSO Charges Despite Settlement 1. Introduction The case of XXXXXX v. State of Kerala was brought before the High Court of Kerala at Ernakulam. The...

The Court’s Emphasis on “Existence” of Arbitration Agreements under Section 11 of the Arbitration and Conciliation Act

Date: Jan 7, 2025

The Court’s Emphasis on “Existence” of Arbitration Agreements under Section 11 of the Arbitration and Conciliation Act 1. Introduction In the matter of Shreegopal Barasia v. Creative Homes (Bombay...

Immediate Approval of Qualified Teacher Appointments in the Absence of Protected Hands: A New Administrative Precedent

Date: Jan 7, 2025

Immediate Approval of Qualified Teacher Appointments in the Absence of Protected Hands: A New Administrative Precedent Introduction The case of Leena V A v. The State of Kerala marks a significant...

Clarifying the Evidentiary Threshold for Employer-Employee Relationships Under Workmen's Compensation

Date: Jan 7, 2025

Clarifying the Evidentiary Threshold for Employer-Employee Relationships Under Workmen's Compensation Introduction The judgment in Sakkir Husain v. Binu Madhu, delivered by the Kerala High Court on...

Marriage as Grounds for Quashing FIR of Rape: Rajasthan High Court’s New Precedent

Date: Jan 7, 2025

Marriage as Grounds for Quashing FIR of Rape: Rajasthan High Court’s New Precedent Introduction In Jasveer S/o Sh. Rakesh v. State of Rajasthan (Rajasthan High Court, 06 January 2025), the Bench at...

Ensuring Mandatory Consideration Under the Probation of Offenders Act: A New Precedent from the Gauhati High Court

Date: Jan 7, 2025

Ensuring Mandatory Consideration Under the Probation of Offenders Act: A New Precedent from the Gauhati High Court 1. Introduction The Judgment of the Gauhati High Court in the matter of Abdur Rahman...

Kerala High Court Reaffirms Non-Consideration of Additional Defense Evidence During Discharge in Rape-on-Promise Cases

Date: Jan 7, 2025

Kerala High Court Reaffirms Non-Consideration of Additional Defense Evidence During Discharge in Rape-on-Promise Cases 1. Introduction On January 6, 2025, the Kerala High Court delivered an important...