All High Courts Case Commentaries

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....

Clarifying Jurisdictional Boundaries: Summons Under Section 91 Cannot Be Invoked During Preliminary Verification

Date: Jan 4, 2025

Clarifying Jurisdictional Boundaries: Summons Under Section 91 Cannot Be Invoked During Preliminary Verification Introduction In the case of BHARAT BHUSHAN v. ANTI CORRUPTION BUREAU JAMMU TH SSP...

Prohibition on Recovery of Excess Payments from Retired Lower Grade Employees Absent Fraud or Misrepresentation

Date: Jan 4, 2025

Prohibition on Recovery of Excess Payments from Retired Lower Grade Employees Absent Fraud or Misrepresentation 1. Introduction The case of Kamlesh Prasad v. The State of Bihar (decided on January 3,...

Reaffirmation of the Right to Withdraw Consent Before a Mutual Divorce Decree Under Section 13-B of the Hindu Marriage Act

Date: Jan 4, 2025

Reaffirmation of the Right to Withdraw Consent Before a Mutual Divorce Decree Under Section 13-B of the Hindu Marriage Act Introduction The High Court of Orissa in the case of Doyel Dey v. The Judge,...

False Criminal Complaints as a Ground for Mental Cruelty in Matrimonial Cases

Date: Jan 4, 2025

False Criminal Complaints as a Ground for Mental Cruelty in Matrimonial Cases Introduction The Bombay High Court’s decision in Smt. Vaibhavi Rajendra Chalke v. Shri. Rajendra Ganpat Chalke (Family...

Preventive Detention and the Threshold of Culpability: Judicial Affirmation in Shahid Ahmad Bhat v. Union Territory of J&K and Anr.

Date: Jan 4, 2025

Preventive Detention and the Threshold of Culpability: Judicial Affirmation in Shahid Ahmad Bhat v. Union Territory of J&K and Anr. Introduction The case of Shahid Ahmad Bhat v. Union Territory of...

“Stigmatic Termination of Contractual Employees Requires Prior Inquiry”: New Principle from the Chhattisgarh High Court

Date: Jan 4, 2025

“Stigmatic Termination of Contractual Employees Requires Prior Inquiry”: New Principle from the Chhattisgarh High Court 1. Introduction The recent Judgment in Yaad Das Sahu v. State of Chhattisgarh...

The Necessity of Demonstrating “Proceeds of Crime” for Money-Laundering Under PMLA

Date: Jan 4, 2025

The Necessity of Demonstrating “Proceeds of Crime” for Money-Laundering Under PMLA 1. Introduction This commentary analyzes the Jammu and Kashmir High Court’s Judgment in the case of Hilal Ahmad Mir...

Clarifying Eligibility for Old Age Pension Despite Familial Support

Date: Jan 4, 2025

Clarifying Eligibility for Old Age Pension Despite Familial Support 1. Introduction The case of Chinnakalai v. The Thasildar (Social Welfare Scheme) was heard before the Madurai Bench of the Madras...

The Affirmation of Authorized Government Representation in Arbitration Challenges

Date: Jan 4, 2025

The Affirmation of Authorized Government Representation in Arbitration Challenges Introduction This commentary examines the recent decision of the High Court of Jammu & Kashmir and Ladakh in the case...

Clarifying the Termination of Court-Monitored Investigations: Bombay High Court’s New Guidance

Date: Jan 3, 2025

Clarifying the Termination of Court-Monitored Investigations: Bombay High Court’s New Guidance Introduction This Judgment—Smita Pansare and Anr. v. The State of Maharashtra, delivered by the Bombay...

Refusal to Quash FIR in Serious Offenses Despite Settlement: Bombay High Court’s Clarification under BNS 2023

Date: Jan 3, 2025

Refusal to Quash FIR in Serious Offenses Despite Settlement: Bombay High Court’s Clarification under BNS 2023 1. Introduction The Bombay High Court’s judgment in Vijay Rambabu Sonkar & Ors v. The...

The Principle of Consortium Unity and Locus Standi in Contractual Disputes

Date: Jan 3, 2025

The Principle of Consortium Unity and Locus Standi in Contractual Disputes 1. Introduction The present commentary discusses the Judgment delivered by the High Court of Jammu & Kashmir and Ladakh in...

Clarification on Exclusive Jurisdiction After High Court Appointment of Arbitrator

Date: Jan 3, 2025

Clarification on Exclusive Jurisdiction After High Court Appointment of Arbitrator 1. Introduction This case, titled “The Chief General Manager H.P. Telecom Circle & Others v. Kashmir Singh,” focuses...

Forwarding Offensive Social Media Content Constitutes Liability: A New Precedent from the Madras High Court

Date: Jan 3, 2025

Forwarding Offensive Social Media Content Constitutes Liability: A New Precedent from the Madras High Court Introduction This Judgment commentary examines the Madras High Court’s decision in...

Denial of Bail in Cases Alleging Forced Prostitution within Marriage: Upholding Victim Dignity and Safety

Date: Jan 3, 2025

Denial of Bail in Cases Alleging Forced Prostitution within Marriage: Upholding Victim Dignity and Safety Introduction The case of Salman v. State of U.P. came before the Hon’ble Allahabad High Court...

Reaffirming Section 127 of the Income Tax Act: The Mandate of Reasoned Transfer and Opportunity of Hearing

Date: Jan 3, 2025

Reaffirming Section 127 of the Income Tax Act: The Mandate of Reasoned Transfer and Opportunity of Hearing Introduction This commentary analyzes the Himachal Pradesh High Court’s decision in M/s...

Malice-Afflicted Preventive Detention and Judicial Oversight: A Landmark Ruling on Fundamental Liberty

Date: Jan 3, 2025

Malice-Afflicted Preventive Detention and Judicial Oversight: A Landmark Ruling on Fundamental Liberty Introduction The present Judgment from the Jammu & Kashmir High Court, delivered on January 2,...

State’s Authority to Regulate Private Unaided Schools’ Fee Structure during Emergencies

Date: Jan 3, 2025

State’s Authority to Regulate Private Unaided Schools’ Fee Structure during Emergencies 1. Introduction This commentary examines the Uttarakhand High Court Judgment in “Welham Boys School Society...

Landmark Affirmation of the Right to Religious Assembly: Vijay Katara v. Principal Secretary

Date: Jan 2, 2025

Landmark Affirmation of the Right to Religious Assembly: Vijay Katara v. Principal Secretary Introduction This commentary examines the Madhya Pradesh High Court’s decision in Vijay Katara v....