All High Courts Case Commentaries

Reaffirming the "Prima Facie True" Standard Under the UAPA: Commentary on Mohammad Shahid Khan v. Union of India

Date: Jan 7, 2025

Reaffirming the "Prima Facie True" Standard Under the UAPA: Commentary on Mohammad Shahid Khan v. Union of India 1. Introduction In Mohammad Shahid Khan v. Union of India, decided on January 6, 2025,...

Ensuring Meaningful Application of Mind Under Section 17A: A New Safeguard for Honest Public Servants

Date: Jan 7, 2025

Ensuring Meaningful Application of Mind Under Section 17A: A New Safeguard for Honest Public Servants 1. Introduction The Madras High Court, in the case of K. Shiva Kumar v. State, 2025, has...

Balancing Procedural Fairness and Penal Discretion in VAT Compliance under Section 16 of the HP VAT Act

Date: Jan 7, 2025

Balancing Procedural Fairness and Penal Discretion in VAT Compliance under Section 16 of the HP VAT Act Introduction The judgment in M/S Bhushan Power & Steel Ltd. v. Assistant Excise and Taxation...

Kerala High Court Affirms No Probate Requirement for Indian Christian Wills

Date: Jan 7, 2025

Kerala High Court Affirms No Probate Requirement for Indian Christian Wills Introduction This commentary discusses the recent Kerala High Court judgment in Smt. Ambily Jose v. Sub Registrar,...

Strengthening Altruistic Organ Donation: The Kerala High Court’s Landmark Ruling on Non-Relative Transplants

Date: Jan 7, 2025

Strengthening Altruistic Organ Donation: The Kerala High Court’s Landmark Ruling on Non-Relative Transplants Introduction The case of UVAIS MUHAMMAD K.C. v. STATE OF KERALA, decided by the Kerala...

Provisional Release of Seized Goods Pending Adjudication Under Section 130: New Precedent from the Kerala High Court

Date: Jan 7, 2025

Provisional Release of Seized Goods Pending Adjudication Under Section 130: New Precedent from the Kerala High Court 1. Introduction The Kerala High Court’s decision in Shish Jewels Private Limited...

Reaffirming the Exceptionality of CBI Investigations: Kerala High Court’s Stance

Date: Jan 7, 2025

Reaffirming the Exceptionality of CBI Investigations: Kerala High Court’s Stance 1. Introduction The Kerala High Court, in the Judgment titled Manjusha K v. Central Bureau of Investigation, addressed...

Clarifying the Distinction Between “Notice” and “Notification” Under Section 41(1) of the MHADA Act and Enforcing the Maximum Requisition Period

Date: Jan 7, 2025

Clarifying the Distinction Between “Notice” and “Notification” Under Section 41(1) of the MHADA Act and Enforcing the Maximum Requisition Period 1. Introduction The Bombay High Court’s judgment in...

Refining the Discretion on Compensation Deposits in Cheque-Bounce Appeals: The A.P. High Court’s New Guideline

Date: Jan 7, 2025

Refining the Discretion on Compensation Deposits in Cheque-Bounce Appeals: The A.P. High Court’s New Guideline 1. Introduction This commentary examines the recent judgment in “Smt. Mekala Sudha...

Kerala High Court’s Clarification on Sexual Harassment and Offensive Communication Under IPC and KP Act

Date: Jan 7, 2025

Kerala High Court’s Clarification on Sexual Harassment and Offensive Communication Under IPC and KP Act Introduction This commentary discusses the decision of the High Court of Kerala at Ernakulam in...

Clarifying the Interplay Between Order 38 Rule 5 CPC and Section 9 of the Arbitration Act

Date: Jan 4, 2025

Clarifying the Interplay Between Order 38 Rule 5 CPC and Section 9 of the Arbitration Act 1. Introduction The Andhra Pradesh High Court’s decision in TUF Metallurgical Private Limited v. BST (HK)...

Mandatory Joinder of Registered Vehicle Owner in Motor Accident Claims: A New Precedent

Date: Jan 4, 2025

Mandatory Joinder of Registered Vehicle Owner in Motor Accident Claims: A New Precedent Introduction The judgment in NATIONAL INSURANCE COMPANY LIMITED v. GULSHANA BEGUM AND ORS. delivered on January...

Clarifying Withdrawal and Deemed Permission: Dominus Litis in the Context of Section 238(6) of the Cantonments Act, 2006

Date: Jan 4, 2025

Clarifying Withdrawal and Deemed Permission: Dominus Litis in the Context of Section 238(6) of the Cantonments Act, 2006 Introduction In Radhika Pruthi v. Cantonment Board, through its Chief...

Condoning Inordinate Delay: Reaffirming the "Sufficient Cause" Principle under Section 5 of the Limitation Act

Date: Jan 4, 2025

Condoning Inordinate Delay: Reaffirming the "Sufficient Cause" Principle under Section 5 of the Limitation Act Introduction The judgment in Rajinder Singh and Others v. Abdul Aziz and Another...

Judicial Oversight of Court Security: Mandated Committee Monitoring and Rapid Remedial Action

Date: Jan 4, 2025

Judicial Oversight of Court Security: Mandated Committee Monitoring and Rapid Remedial Action Introduction The case titled COURT ON ITS OWN MOTION v. NEMO before the Jammu and Kashmir High Court...

Clarification of Show Cause Notice Issuance Authority under Motor Vehicles Act, 1988

Date: Jan 4, 2025

Clarification of Show Cause Notice Issuance Authority under Motor Vehicles Act, 1988 Introduction This commentary examines the recent Judgment of the Rajasthan High Court in the matter of Vikram...

“Empathetic Reversion Principle” — Establishing an Employer’s Duty of Care in Promotion Reversal Requests

Date: Jan 4, 2025

Empathetic Reversion Principle: A New Dawn in Addressing Employee Promotion Reversal Requests 1. Introduction In the significant decision of Bharti Neeraj Chaourasiya v. Indian Overseas Bank,...

“Export Credit” and Timely Documentation: A New Judicial Precedent from the Bombay High Court

Date: Jan 4, 2025

“Export Credit” and Timely Documentation: A New Judicial Precedent from the Bombay High Court 1. Introduction The Bombay High Court, in JINDAL COCOA LLP v. RESERVE BANK OF INDIA, delivered an...

Immunity From No-Confidence Motions Under Section 35(3) of the Maharashtra Village Panchayats Act Held to Be Post-Specific, Not Person-Specific

Date: Jan 4, 2025

Immunity From No-Confidence Motions Under Section 35(3) of the Maharashtra Village Panchayats Act Held to Be Post-Specific, Not Person-Specific 1. Introduction The Bombay High Court in the case of...

Negligence in Electricity Infrastructure: Affirming Victim Compensation and the Limits of Ex-Gratia Relief

Date: Jan 4, 2025

Negligence in Electricity Infrastructure: Affirming Victim Compensation and the Limits of Ex-Gratia Relief Introduction The judgment in the matter of STATE OF J AND K AND ORS. (POWER DEVELOPMENT) v....