All High Courts Case Commentaries

Separability Presumption Reinforced: State of Sikkim v. M/s Tashi Delek Gaming Solutions Pvt. Ltd.

Date: Nov 14, 2024

Separability Presumption Reinforced: State of Sikkim v. M/s Tashi Delek Gaming Solutions Pvt. Ltd. Introduction The case of State of Sikkim AND ANR. v. M/s Tashi Delek Gaming Solutions Pvt. Ltd....

Enhancement of Compensation in Motor Accident Claims: Key Principles from NIYAS v. MOHANA

Date: Nov 14, 2024

Enhancement of Compensation in Motor Accident Claims: Key Principles from NIYAS v. MOHANA 1. Introduction The case of NIYAS v. MOHANA addressed significant issues pertaining to compensation in motor...

Orissa High Court Upholds Arbitration Procedures under MSMED Act, Restricts Judicial Intervention under Article 226

Date: Nov 6, 2024

Orissa High Court Upholds Arbitration Procedures under MSMED Act, Restricts Judicial Intervention under Article 226 Introduction In the matter of AES India (Pvt.) Ltd. v. State of Odisha, adjudicated...

Establishing Standards for Mental Cruelty in Matrimonial Dissolution: Gora Pallai Venkatgiri v. Smt. Yernakula Meera

Date: Nov 6, 2024

Establishing Standards for Mental Cruelty in Matrimonial Dissolution: Gora Pallai Venkatgiri v. Smt. Yernakula Meera Introduction The case of Gora Pallai Venkatgiri v. Smt. Yernakula Meera was...

Strict Enforcement of Statutory Interest on Tax Defaults under Himachal Pradesh Passenger and Goods Taxation Act: General Manager v. Excise & Taxation Commissioner

Date: Nov 5, 2024

Strict Enforcement of Statutory Interest on Tax Defaults under Himachal Pradesh Passenger and Goods Taxation Act Introduction The case of General Manager, Punjab Roadways Pathankot versus Excise &...

Ensuring Effective Opportunity of Hearing Under Section 148A(d) of the Income Tax Act: Insights from Rakesh Agrawal v. Central Board of Direct Taxes

Date: Nov 5, 2024

Ensuring Effective Opportunity of Hearing Under Section 148A(d) of the Income Tax Act: Insights from Rakesh Agrawal v. Central Board of Direct Taxes 1. Introduction The case of Rakesh Agrawal v....

“Intact Hymen Not Conclusive of Non-Occurrence”: New Principle Under BNSS 2023 in POCSO Proceedings

Date: Nov 2, 2024

Intact Hymen Not Conclusive of Non-Occurrence: New Principle Under BNSS 2023 in POCSO Proceedings Introduction This commentary analyzes the recent decision in XXXXXX v. State of Kerala, delivered by...

Kerala High Court Narrows Documentary Access in Disciplinary Proceedings: Director v. Dr. Vinu Thomas (2024)

Date: Oct 26, 2024

Kerala High Court Narrows Documentary Access in Disciplinary Proceedings under Rule 15 of the KCS (CCA) Rules — A Commentary on Director v. Dr. Vinu Thomas (2024) 1. Introduction The Division Bench...

Presumption of Civil Death After Seven Years: Compassionate Appointment Denied - Amardeep Kashyap v. State Of U.P.

Date: Oct 25, 2024

Presumption of Civil Death After Seven Years: Compassionate Appointment Denied Introduction The case of Amardeep Kashyap v. State Of U.P. Thru. Addl. Chief Secy. Msme Lko. And 3 Others adjudicated by...

BNSS Transition Clarified: No Writ to Compel FIR/Investigation; Complainants Must Use Magistrate Remedies (CrPC s.200/156(3); BNSS s.223) — Dr. Anjana Singh v. State of Madhya Pradesh

Date: Oct 15, 2024

BNSS Transition Clarified: No Writ to Compel FIR/Investigation; Complainants Must Use Magistrate Remedies (CrPC s.200/156(3); BNSS s.223) Introduction In Dr. Anjana Singh v. State of Madhya Pradesh...

Sita Kumari Devi v. The State of Bihar: Landmark Ruling on Unlawful Salary Recovery

Date: Oct 5, 2024

Sita Kumari Devi v. The State of Bihar: Landmark Ruling on Unlawful Salary Recovery Introduction The case of Sita Kumari Devi v. The State of Bihar and Others was adjudicated in the Patna High Court...

Upholding Judicial Safeguards: Karnataka High Court Affirmatively Validates Governor's Sanction Under Section 17A of the Prevention of Corruption Act

Date: Sep 25, 2024

Upholding Judicial Safeguards: Karnataka High Court Affirmatively Validates Governor's Sanction Under Section 17A of the Prevention of Corruption Act Introduction In a landmark decision delivered on...

Upholding Capital Punishment in Circumstantial Evidence: State of Jharkhand v. Rahul Kumar

Date: Sep 10, 2024

Upholding Capital Punishment in Circumstantial Evidence: State of Jharkhand v. Rahul Kumar Introduction The case of The State of Jharkhand v. Rahul Kumar alias Rahul Raj alias Raj Srivastava alias...

Establishing Bilateral Consent as a Prerequisite for Valid Cancellation of Sale Deeds

Date: Sep 6, 2024

Establishing Bilateral Consent as a Prerequisite for Valid Cancellation of Sale Deeds Introduction The case of AMMINI v. THE STATE OF KERALA before the Kerala High Court on September 5, 2024, deals...

Kerala High Court Affirms Limited Standing for Associations in Transfer Order Challenges under Kerala Administrative Tribunals Act

Date: Sep 5, 2024

Kerala High Court Affirms Limited Standing for Associations in Transfer Order Challenges under Kerala Administrative Tribunals Act Introduction In the landmark case of State of Kerala, Represented by...

Kerala High Court Establishes Precedent on Revisiting Contributory Negligence in Motor Accident Claims in AJEESH v. VARGHESE

Date: Aug 31, 2024

Kerala High Court Establishes Precedent on Revisiting Contributory Negligence in Motor Accident Claims in AJEESH v. VARGHESE Introduction The case of AJEESH (DECEASED) v. VIBITHA VARGHESE adjudicated...

Defining "Workman": Madhya Pradesh High Court Clarifies Exclusion of Medical Representatives from Industrial Disputes Act, 1947

Date: Aug 28, 2024

Defining "Workman": Madhya Pradesh High Court Clarifies Exclusion of Medical Representatives from Industrial Disputes Act, 1947 Introduction The case Zydus Healthcare Ltd. Through Its Authorized...

Upgradation Standards for Vocational Trainers in Madhya Pradesh High Court

Date: Aug 23, 2024

Upgradation Standards for Vocational Trainers in Madhya Pradesh High Court Introduction The case of Deepti Pandey v. Union of India before the Madhya Pradesh High Court addresses significant concerns...

Enforcement of Permanent Injunction Under Order 21 Rule 32 CPC: A New Precedent Set by Jagivan Das Jaiswal v. Mst Nohari Bai

Date: Aug 23, 2024

Enforcement of Permanent Injunction Under Order 21 Rule 32 CPC: A New Precedent Set by Jagivan Das Jaiswal v. Mst Nohari Bai 1. Introduction The legal landscape surrounding the enforcement of...

Broad Interpretation of Arbitration Clauses: Upholding Counter-Claim Jurisdiction in Intermingled Commercial Disputes

Date: Aug 22, 2024

Broad Interpretation of Arbitration Clauses: Upholding Counter-Claim Jurisdiction in Intermingled Commercial Disputes Introduction The judgment delivered by Hon'ble Mr. Justice Manoj Jain on August...