All High Courts Case Commentaries

Clarifying the Scope of Section 19 of the POCSO Act and Its Relationship with Section 197 CrPC

Date: Dec 21, 2024

Clarifying the Scope of Section 19 of the POCSO Act and Its Relationship with Section 197 CrPC Introduction The Kerala High Court’s decision in George P.O. v. State of Kerala (Crl.M.C No.5970 of...

Extraordinary Circumstances and Relaxation Powers: Kerala High Court Upholds COVID-19-Based Exemption in Departmental Tests

Date: Dec 21, 2024

Extraordinary Circumstances and Relaxation Powers: Kerala High Court Upholds COVID-19-Based Exemption in Departmental Tests 1. Introduction The case Sajeev N., Senior Tax Assistant, v. Anumol P. S....

Recognition of LWA Seniority and Age-Based Test Exemptions in Headmaster Appointments

Date: Dec 21, 2024

Recognition of LWA Seniority and Age-Based Test Exemptions in Headmaster Appointments Introduction The above Judgment, delivered by the Kerala High Court in the case of John Varghese v. Laila Beegam...

Clarifying Judicial Powers to Correct Examination Results Despite No Express Provision for Revaluation

Date: Dec 21, 2024

Clarifying Judicial Powers to Correct Examination Results Despite No Express Provision for Revaluation Introduction The case Saket Tiwari v. M.P. Board Of Secondary Education came before the High...

Doctrine of Actual Knowledge for POCSO Reporting and the Immunity Afforded by MTP Act

Date: Dec 21, 2024

Doctrine of Actual Knowledge for POCSO Reporting and the Immunity Afforded by MTP Act 1. Introduction This commentary examines the Madras High Court’s decision in Jenbagalakshmi v. The State of Tamil...

New Judicial Mandate on Transparency and Due Process in Public Recruitment

Date: Dec 21, 2024

New Judicial Mandate on Transparency and Due Process in Public Recruitment 1. Introduction The Rajasthan High Court recently delivered its judgment in “Narpat Surela Son Of Kishori Lal Surela v....

Clarifying the Distinction Between “Law and Order” and “Public Order” under the Jharkhand Control of Crimes Act

Date: Dec 21, 2024

Introduction In this case, titled Ganesh Singh @ Nishant Singh v. The State of Jharkhand Through The Chief Secretary, the Jharkhand High Court dealt with the legality of a preventive detention order...

Clause 25 Declared Inoperative: Reinforcing Section 12(5) Ineligibility in Public Contracts

Date: Dec 20, 2024

Clause 25 Declared Inoperative: Reinforcing Section 12(5) Ineligibility in Public Contracts I. Introduction In M/s R.S. Construction v. Building Construction Department, the Patna High Court...

Clarifying the Scope of Criminal Misconduct Under Section 13(1)(d) of the Prevention of Corruption Act

Date: Dec 19, 2024

Introduction This commentary examines the recent decision of the Madras High Court in the case of A.P.Raju v. The State of Tamil Nadu, Criminal Revision Case No.1102 of 2024, pronounced on December...

Landmark Clarification on Compensation for Victims of Manual Scavenging

Date: Dec 18, 2024

Landmark Clarification on Compensation for Victims of Manual Scavenging 1. Introduction The Madras High Court’s Judgment in C. Kannaiyan (Deceased) v. Deputy Commissioner of Labour (W.P.No.2339 of...

EWS Reservation in Private Medical Colleges: Mandate for Seat Enhancement and Constitutional Compliance

Date: Dec 18, 2024

EWS Reservation in Private Medical Colleges: Mandate for Seat Enhancement and Constitutional Compliance Introduction This commentary examines the decision in Atharv Chaturvedi v. The State of Madhya...

Strict Enforcement of Statutory Limitation Under Section 107 CGST Act: Non‑Condonable Delay in Filing Appeal Post GST Registration Cancellation

Date: Dec 18, 2024

Strict Enforcement of Statutory Limitation Under Section 107 CGST Act: Non‑Condonable Delay in Filing Appeal Post GST Registration Cancellation Introduction In W.P.(T) No. 6208 of 2024, decided on...

Reaffirmation of Mandatory Notice Requirement under Section 16 of the Carriage by Road Act, 2007

Date: Dec 17, 2024

Reaffirmation of Mandatory Notice Requirement under Section 16 of the Carriage by Road Act, 2007 Introduction The judgment in Amrit Transport Company v. Oriental Insurance Company Ltd. (S.B. Civil...

No Protection for Live-In Relationship When One Partner Is Already Married: Reaffirmation of Legal and Social Principles

Date: Dec 17, 2024

No Protection for Live-In Relationship When One Partner Is Already Married: Reaffirmation of Legal and Social Principles Introduction The case of Nisha Kumari and Another v. State of Punjab and...

Reiterating the Necessity of Demonstrating a “Real Possibility of Bail” in Preventive Detention Orders

Date: Dec 13, 2024

Reiterating the Necessity of Demonstrating a “Real Possibility of Bail” in Preventive Detention Orders I. Introduction This commentary examines the recent decision in Shri Gurmej Singh Batth v. State...

Clarifying the Timeframes for Reopening Assessments Under Section 153C Post 01 April 2021

Date: Dec 12, 2024

Clarifying the Timeframes for Reopening Assessments Under Section 153C Post 01 April 2021 1. Introduction In ATS Township Pvt Ltd v. Assistant Commissioner of Income Tax Circle 1(1) Delhi & Ors.,...

Reaffirming the Primacy of Statutory Remedies over Writ Jurisdiction in Debt Recovery Matters

Date: Dec 12, 2024

Reaffirming the Primacy of Statutory Remedies over Writ Jurisdiction in Debt Recovery Matters Introduction The judgment in BODDU PRASAD RAO v. PUNJAB NATIONAL BANK delivered on December 11, 2024, by...

No Second Claim on Compassionate Appointments: A New Judicial Precedent

Date: Dec 11, 2024

No Second Claim on Compassionate Appointments: A New Judicial Precedent 1. Introduction This commentary examines the recent decision by the Punjab & Haryana High Court in the case Sobia Mujib v....

Adopting DGPS for Precise Property Demarcation: A New Legal Precedent

Date: Dec 11, 2024

Adopting DGPS for Precise Property Demarcation: A New Legal Precedent I. Introduction In Kuldeep Kumar Sharma v. Randeep Rana, the Punjab & Haryana High Court addressed a crucial dispute surrounding...

NCVT Salary Payment Guidelines Declared Directory: A Landmark Clarification by Chhattisgarh High Court

Date: Dec 11, 2024

NCVT Salary Payment Guidelines Declared Directory: A Landmark Clarification by Chhattisgarh High Court 1. Introduction The case of Abhishek Bhaskar v. State of Chhattisgarh arises from a recruitment...