Appellate Restraint in State Appeals: Acquittal Upheld Where Identification, Section 27 Disclosure, and Recovery/Ownership of Property Are Unreliable 1. Introduction Case: STATE OF WEST BENGAL v....
Custodial Torture Convictions Require Proof of Custody-Linked Injury and Contemporaneous Magisterial/Medical Corroboration Case: STATE OF GUJARAT v. SHABBIRHUSEIN SHEKHADAM KHANDVAWALA Court: Gujarat...
Hostile Title Must Be Against the True Owner: Permissive Possession of Debutter Property Does Not Ripen into Adverse Possession 1. Introduction The Calcutta High Court (Sugato Majumdar, J.) in...
Unauthorised Decades-Long Occupation of Private Land for Highways: NHAI Must Initiate Acquisition or Restore Possession 1. Introduction In Ch. Mohd. Sadiq v. Union of India th Ministry of Housing and...
Successive Section 11 MOFA Deemed Conveyance Applications are Barred by Res Judicata: Competent Authority Cannot Re-open a Concluded Merits Rejection by Altering Area Claimed 1) Introduction This...
Bail Cannot Be Denied Solely for Past Abscondence Where Trial Is Substantially Complete and Prosecution Shows No Concrete Flight-Risk Material 1. Introduction In R. USHA @ G. USHA v. CENTRAL BUREAU...
Acquittal on Benefit of Doubt Does Not Bar Police Dismissal in Departmental Proceedings; Writ Review Confined to Decision-Making Process 1. Introduction In Sultan Singh Nagar v. The State Of Madhya...
Article 21 Speedy Trial as a Constitutional Override to UAPA Bail Embargoes (Including Section 43-D(7) for Non-Citizens) in Cases of Prolonged Incarceration Case: SATKUNAM @ SABESAN (M/A – 49) v....
Foreseeable Future Need as “Reasonable Requirement”, “Not Claimed” as Deemed Service, and No Nullity on Death of One Joint Tenant-Heir 1. Introduction Case: Sanjay Agarwal and Ors. v. Rita Deb Court:...
Probate Refused Where Attestation Is Not Proved: Date Discrepancy and Non-Examination of Second Attesting Witness (Section 63, Succession Act) Court: Calcutta High Court (Testamentary and Intestate...
Anticipatory Bail is Maintainable Post-Charge Sheet on Issuance of Summons: Apprehension of Court-Ordered Custody Qualifies as Apprehension of Arrest Case: ASIT BARIK v. THE SUPERINTENDENT OF POLICE,...
Blacklisting of Contractors Under West Bengal Form No. 2911 Requires Sequential Debarment Procedure and Departmental Competence Case: M/S. RAHAMAN CONSTRUCTION AND ANOTHER -VERSUS- THE STATE OF WEST...
Predetermined Show-Cause Notices and Prosecutorial Enquiry Officers Vitiate Disciplinary Proceedings: Due-Process Standards for Departmental Enquiries 1. Introduction In MD. MIZANUL HOQUE v. STATE OF...
Revision Bar under Section 154: Audit Special Report (Section 81(5B)) and Section 88 Inquiry Initiation Are Not “Order/Decision” Case: Shivkrupa Sahakari Patpedhi Limited v. State of Maharashtra...
Illegality of Judicial Remand in Purely Bailable Offences and Misuse of “Kidnapping” Allegations Against an Adult Married Woman 1) Introduction In Murali B N v. State of Karnataka (Karnataka High...
Functional Disability Despite Continued Employment: Non-Pecuniary Loss, Future Prosthesis and Workplace Performance as Compensable Heads 1. Introduction The appeal in SUDIP RANJAN DEY v. THE MANAGER,...
Benefit of Doubt from Material Omissions and “First-Time-in-Court” Attribution in Section 326 IPC Cases 1. Introduction Case: Baneshwar Mahato v. Bishnupada Mahato & Anr. Court: Calcutta High Court...
Pension Credited to Bank Account Treated as “Received”: Recoverable for Guarantor’s Debt; Writ Remedy Barred in Pure Contractual Recovery 1. Introduction The decision in CHUNI LAL v. JAMMU AND...
Intra‑Court Appeals Cannot Reopen Counsel’s Recorded Concession: Consent Orders and the Finality of Judicial Record 1. Introduction Case: The State of Bihar v. Sanjay Kumar Tiwari Court: Patna High...
Section 63AA Certification is Administrative: Technical Rejection is Not on Merits and Permits a Fresh Application 1. Introduction In ADVANCE GREENFIELD PVT LTD THROUGH ITS DIRECTOR SURENDRAKUMAR...