All High Courts Case Commentaries

Balancing Punitive and Compensatory Objectives in Cheque Dishonour Cases: A Discretionary Approach

Date: Dec 11, 2024

Balancing Punitive and Compensatory Objectives in Cheque Dishonour Cases: A Discretionary Approach Introduction The judgment in the case of MR. SUSHIL KUMAR CHURIWALA v. MR. AKSHAY BANSAL delivered...

Reaffirming Procedural Fairness in Termination of Contractual Anganwari Supervisors

Date: Dec 10, 2024

Reaffirming Procedural Fairness in Termination of Contractual Anganwari Supervisors 1. Introduction This commentary examines the recent decision of the Patna High Court in Kiran Devi v. The State of...

Clarifying the Requirements for Stalking and House Trespass Under IPC and POCSO: Insights From the Bombay High Court

Date: Dec 6, 2024

Clarifying the Requirements for Stalking and House Trespass Under IPC and POCSO: Insights From the Bombay High Court 1. Introduction The case of Amit S/o Gopal Chavan v. State of Maharashtra thr....

The Acquittal Precedent in POCSO Cases: Balancing Presumptions with Evidentiary Scrutiny

Date: Dec 6, 2024

The Acquittal Precedent in POCSO Cases: Balancing Presumptions with Evidentiary Scrutiny Introduction The case of Surendra S/o Dayaram Bobde v. The State of Maharashtra decided by the Bombay High...

Clarifying the Requirement for Subsequent Local Inspection in Eviction Suits: A Landmark Ruling in BIMAL CHANDRA SARKAR v. DIPALI DUTTA ROY (PAUL)

Date: Dec 6, 2024

Clarifying the Requirement for Subsequent Local Inspection in Eviction Suits: A Landmark Ruling in BIMAL CHANDRA SARKAR v. DIPALI DUTTA ROY (PAUL) I. Introduction In this case, Bimal Chandra Sarkar &...

Upholding the Imperative of Separate Trials from a Common FIR

Date: Dec 5, 2024

Upholding the Imperative of Separate Trials from a Common FIR 1. Introduction The judgment in Phool Singh etc. v. State of Haryana, delivered on December 4, 2024, by the Punjab and Haryana High...

No Unilateral Rejection by Court Staff: Mandate for Judicial Determination

Date: Dec 5, 2024

No Unilateral Rejection by Court Staff: Mandate for Judicial Determination Introduction The case of Smt. Yashika Shah v. The Registrar (W.P. No. 36223 of 2024) was recently decided by the Hon’ble...

Strict Enforcement of Review Limitations under CPC: Chhattisgarh High Court’s New Directive

Date: Dec 4, 2024

Strict Enforcement of Review Limitations under CPC: Chhattisgarh High Court’s New Directive 1. Introduction The Judgment under discussion is STATE OF CHHATTISGARH v. KU. KIRTI KUMARI KANWAR,...

Clarifying Deductions and Revising the Interest Rate in Motor Accident Compensation Cases

Date: Dec 4, 2024

Clarifying Deductions and Revising the Interest Rate in Motor Accident Compensation Cases Introduction This commentary examines the decision of the Jharkhand High Court in “The Oriental Insurance Co....

Reaffirming the Requirement of Corroborative Evidence Beyond Section 67 NDPS Statements

Date: Dec 4, 2024

Reaffirming the Requirement of Corroborative Evidence Beyond Section 67 NDPS Statements Introduction The present commentary analyzes the Judgment of the High Court of Karnataka in the case RAGINI...

Restricting Additional Evidence Under Order XLI Rule 27: No Evidence Beyond Pleadings

Date: Dec 3, 2024

Restricting Additional Evidence Under Order XLI Rule 27: No Evidence Beyond Pleadings Introduction This commentary examines the Jharkhand High Court’s decision in the case of Motilal Agarwal v. Ram...

Exclusion of Limitation Constraints on Arbitration under the National Highways Act: A Landmark Ruling

Date: Dec 3, 2024

Exclusion of Limitation Constraints on Arbitration under the National Highways Act: A Landmark Ruling Introduction This Judgment by the Kerala High Court in the matter of National Highways Authority...

Mandatory Compliance with Structural Stability and Fire Safety Standards for Recognized Schools

Date: Dec 3, 2024

Mandatory Compliance with Structural Stability and Fire Safety Standards for Recognized Schools 1. Introduction The case of Organisation for Unaided Recognised Schools (R) (OUR Schools) v. State of...

Reassessing Corruption Charges: The Imperative of Dishonest Intention in Framing Offences under the PC Act

Date: Nov 30, 2024

Reassessing Corruption Charges: The Imperative of Dishonest Intention in Framing Offences under the PC Act Introduction The judgment in Dalip Thusu and Another v. U T of J and K Th SSP Anti...

Section 35A of the Banking Regulation Act and Its Limitations: Insights from Union Bank of India v. State of Karnataka

Date: Nov 18, 2024

Section 35A of the Banking Regulation Act and Its Limitations: Insights from Union Bank of India v. State of Karnataka Introduction The case of Union Bank of India v. State of Karnataka adjudicated...

Kerala High Court Sets New Precedent on Writ Appeal Maintainability and Intermediary Orders in Land Allotment Disputes

Date: Nov 18, 2024

Kerala High Court Sets New Precedent on Writ Appeal Maintainability and Intermediary Orders in Land Allotment Disputes Introduction The case of Union Territory of Lakshadweep v. Salmikoya K. is a...

Protection of Private Property Rights in Expressive Installations: Madras High Court Upholds Fundamental Freedoms in Bharathiya Janatha Party v. The District Collector

Date: Nov 18, 2024

Protection of Private Property Rights in Expressive Installations: Madras High Court Upholds Fundamental Freedoms in Bharathiya Janatha Party v. The District Collector Introduction The case of...

Waiver of Section 12(5) of the Arbitration Act in Truly PEST Solution Pvt Ltd v. P.C.M.E.

Date: Nov 18, 2024

Waiver of Section 12(5) of the Arbitration Act in Truly PEST Solution Pvt Ltd v. P.C.M.E Introduction The case of Truly PEST Solution Pvt Ltd (Being a MSME) v. Principal Chief Mechanical Engineering...

Protection of Trademark Integrity in the Beer Industry: Insights from Mount Everest Breweries v. Regent Beers & Wines

Date: Nov 18, 2024

Protection of Trademark Integrity in the Beer Industry: Insights from Mount Everest Breweries Limited vs. Regent Beers & Wines Limited Introduction The case of Mount Everest Breweries Limited...

High Court Reaffirms “Best Interests of the Child” and Statutory Procedure in Adoption Disputes

Date: Nov 16, 2024

High Court Reaffirms “Best Interests of the Child” and Statutory Procedure in Adoption Disputes 1. Introduction The case of K. Savithri v. The Chairperson/Member, Child Welfare Committee (H.C.P. No....