All High Courts Case Commentaries

Section 357A CrPC is Time-Neutral: Victim Compensation Can Be Directed Even for Crimes Pre-Dating Its 2009 Insertion

Date: Apr 7, 2026

Section 357A CrPC is Time-Neutral: Victim Compensation Can Be Directed Even for Crimes Pre-Dating Its 2009 Insertion 1) Introduction Case: SK BABUA @ SARIFUL SK v. STATE OF WEST BENGAL Court:...

Charge-Sheet Supersedes Section 156(3) Affidavit Lapse; “Public View” Turns on Visibility of the Act, Not Private Title

Date: Apr 7, 2026

Charge-Sheet Supersedes Section 156(3) Affidavit Lapse; “Public View” Turns on Visibility of the Act, Not Private Title Court: Calcutta High Court (Criminal Revisional Jurisdiction, Appellate Side)...

Lokpal’s Section 20(3) Investigation Directions Must Be Reasoned, Material-Based, and Person-Specific

Date: Apr 7, 2026

Lokpal’s Section 20(3) Investigation Directions Must Be Reasoned, Material-Based, and Person-Specific 1. Introduction The Delhi High Court in SHRI SHASHI SHEKHAR PRASAD v. LOKPAL OF INDIA AND ORS...

Irretrievable Breakdown as “Cruelty” Under Section 13(1)(ia) HMA (Post–Rakesh Raman) and the Necessity of a Section 25 HMA Application for Permanent Alimony

Date: Apr 7, 2026

Irretrievable Breakdown as “Cruelty” Under Section 13(1)(ia) HMA (Post–Rakesh Raman) and the Necessity of a Section 25 HMA Application for Permanent Alimony Case: SARANJIT KAUR (HURA) v. INDER SINGH...

Newly Created Higher Judicial Service Posts Cannot Be Filled by Clubbing with an Ongoing Recruitment: “Future Vacancy” Bar and Fresh Quota Calibration Post–All India Judges Association

Date: Apr 7, 2026

Newly Created Higher Judicial Service Posts Cannot Be Filled by Clubbing with an Ongoing Recruitment: “Future Vacancy” Bar and Fresh Quota Calibration Post–All India Judges Association 1....

Constructive Res Judicata in Repetitive Selection Litigation: Finality and Time-Bound Administrative Determination of Marks and Appointment

Date: Apr 7, 2026

Constructive Res Judicata in Repetitive Selection Litigation: Finality and Time-Bound Administrative Determination of Marks and Appointment Case: SRI SAJAL KAMAL DAS v. THE STATE OF ASSAM AND ORS...

Section 12 JJ Act Bail Primacy: CrPC Bail Standards Excluded; Denial Requires Recorded Reasons and Consideration of Child-Specific Reports (Under-16 CCL)

Date: Apr 7, 2026

Section 12 JJ Act Bail Primacy: CrPC Bail Standards Excluded; Denial Requires Recorded Reasons and Consideration of Child-Specific Reports (Under-16 CCL) Case: RIYASAT MUSTAKIM KHAN v. STATE OF...

IPC §363: “Lawful Guardian” Requires Proven Entrustment; Voluntary Accompaniment and Unproved Custody Defeat Kidnapping

Date: Apr 7, 2026

IPC §363: “Lawful Guardian” Requires Proven Entrustment; Voluntary Accompaniment and Unproved Custody Defeat Kidnapping Case: SK. SAMAD v. STATE OF WEST BENGAL (Calcutta High Court) Coram: Hon’ble...

Accomplice Evidence Without Pardon, Section 33 Evidence Act, and Enhanced Victim Compensation: Delhi High Court on Fabricated Rape Prosecution Conspiracy

Date: Apr 5, 2026

Accomplice Evidence Without Pardon, Section 33 Evidence Act, and Enhanced Victim Compensation: Delhi High Court on Fabricated Rape Prosecution Conspiracy Case: HAJI MOHD. ALTAF v. THE STATE, 2026 DHC...

Section 82 CrPC: In IPC 376/POCSO prosecutions, an absconding accused can be proclaimed only as a “proclaimed person”, not a “proclaimed offender”; anticipatory bail pendency does not stall proclamation

Date: Apr 5, 2026

Section 82 CrPC: In IPC 376/POCSO prosecutions, an absconding accused can be proclaimed only as a “proclaimed person”, not a “proclaimed offender”; anticipatory bail pendency does not stall...

Section 482 CrPC Must Be Invoked Within a Reasonable Time: “Legal Research” and Bona Fide Belief About No Limitation Do Not Excuse Inordinate Delay

Date: Apr 5, 2026

Section 482 CrPC Must Be Invoked Within a Reasonable Time: “Legal Research” and Bona Fide Belief About No Limitation Do Not Excuse Inordinate Delay 1) Introduction In AJIT KUMAR GOLA v. STATE (GNCTD)...

POCSO Section 15(2) and Unidentified Victims: “Appears to Depict a Child” and the Test of Subjective Satisfaction

Date: Apr 5, 2026

POCSO Section 15(2) and Unidentified Victims: “Appears to Depict a Child” and the Test of Subjective Satisfaction 1. Introduction The Delhi High Court in COURT ON ITS OWN MOTION v. STATE AND ORS....

Tenant’s Continuing Juridical Possession and Liability Despite Estranged Spouse’s Lock: Decree on Admissions Under Order XII Rule 6 CPC

Date: Apr 3, 2026

Tenant’s Continuing Juridical Possession and Liability Despite Estranged Spouse’s Lock: Decree on Admissions Under Order XII Rule 6 CPC Case: RAJAT VERMA v. HP SUMAN Citation: 2026 DHC 2561 Court:...

Platform-Edge Knockdown (and Fall from Train) Treated as “Untoward Incident”: Contradictory Official Reports Resolved in Favour of Victims under the Railways Act, 1989

Date: Apr 3, 2026

Platform-Edge Knockdown (and Fall from Train) Treated as “Untoward Incident”: Contradictory Official Reports Resolved in Favour of Victims under the Railways Act, 1989 Case: SMT. ASHRAPPA YELLAPPA...

MPT Act Authorities Cannot Direct Change of a Trust’s Name; Emblems Act Remedies Lie with Competent Authorities (Section 70A Time-Limit: Reasonable Period ~ 3 Years)

Date: Apr 3, 2026

MPT Act Authorities Cannot Direct Change of a Trust’s Name; Emblems Act Remedies Lie with Competent Authorities (Section 70A Time-Limit: Reasonable Period ~ 3 Years) Case: NATIONAL EGG CO-ORDINATION...

Election Petition Dismissal for Non-Personal Presentation: Strict Compliance with Section 81(1) RP Act and Filing Before Stamp Reporter

Date: Apr 3, 2026

Election Petition Dismissal for Non-Personal Presentation: Strict Compliance with Section 81(1) RP Act and Filing Before Stamp Reporter Case: TITOSSTAR WELL CHYNE v. GAVIN MIGUEL MYLLIEM AND 5 ORS....

Disciplinary Authority Cannot Reopen Concluded Misconduct Proceedings Without Statutory Review Power; Repeated Enquiries on Same Allegations Barred

Date: Apr 3, 2026

Disciplinary Authority Cannot Reopen Concluded Misconduct Proceedings Without Statutory Review Power; Repeated Enquiries on Same Allegations Barred Case: ISHFAQ AHMAD WANI v. CHAIRMAN LEGISLATIVE...

Merit-cum-Seniority Requires a Real Comparative Merit Assessment; Seniority Is Only a Tiebreaker After Such Assessment

Date: Apr 3, 2026

Merit-cum-Seniority Requires a Real Comparative Merit Assessment; Seniority Is Only a Tiebreaker After Such Assessment Case: S. S. TIGGA v. STATE OF CHHATTISGARH Citation: 2026 CGHC 15280-DB Court:...

Drug & Cosmetics Act—Section 34 Nomination as the Primary Anchor of Vicarious Liability; “Bald” Director Averments Insufficient for Prosecution

Date: Apr 3, 2026

Drug & Cosmetics Act—Section 34 Nomination as the Primary Anchor of Vicarious Liability; “Bald” Director Averments Insufficient for Prosecution Case: Amit Kumar Bansal and Ors. v. Sanjeev Kumar Gupta...

Bail in Murder Trials: Prolonged Undertrial Incarceration and Trial Delay as Article 21 Grounds Despite Gravity of Offence

Date: Apr 3, 2026

Bail in Murder Trials: Prolonged Undertrial Incarceration and Trial Delay as Article 21 Grounds Despite Gravity of Offence 1. Introduction The decision in Bhopinder Singh v. UT of J and K through...