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  • Commentaries
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All High Courts Case Commentaries

Clarification of Show Cause Notice Issuance Authority under Motor Vehicles Act, 1988

Clarification of Show Cause Notice Issuance Authority under Motor Vehicles Act, 1988

Date: Jan 4, 2025
Clarification of Show Cause Notice Issuance Authority under Motor Vehicles Act, 1988 Introduction This commentary examines the recent Judgment of the Rajasthan High Court in the matter of Vikram...
“Empathetic Reversion Principle” — Establishing an Employer’s Duty of Care in Promotion Reversal Requests

“Empathetic Reversion Principle” — Establishing an Employer’s Duty of Care in Promotion Reversal Requests

Date: Jan 4, 2025
Empathetic Reversion Principle: A New Dawn in Addressing Employee Promotion Reversal Requests 1. Introduction In the significant decision of Bharti Neeraj Chaourasiya v. Indian Overseas Bank,...
“Export Credit” and Timely Documentation: A New Judicial Precedent from the Bombay High Court

“Export Credit” and Timely Documentation: A New Judicial Precedent from the Bombay High Court

Date: Jan 4, 2025
“Export Credit” and Timely Documentation: A New Judicial Precedent from the Bombay High Court 1. Introduction The Bombay High Court, in JINDAL COCOA LLP v. RESERVE BANK OF INDIA, delivered an...
Immunity From No-Confidence Motions Under Section 35(3) of the Maharashtra Village Panchayats Act Held to Be Post-Specific, Not Person-Specific

Immunity From No-Confidence Motions Under Section 35(3) of the Maharashtra Village Panchayats Act Held to Be Post-Specific, Not Person-Specific

Date: Jan 4, 2025
Immunity From No-Confidence Motions Under Section 35(3) of the Maharashtra Village Panchayats Act Held to Be Post-Specific, Not Person-Specific 1. Introduction The Bombay High Court in the case of...
Negligence in Electricity Infrastructure: Affirming Victim Compensation and the Limits of Ex-Gratia Relief

Negligence in Electricity Infrastructure: Affirming Victim Compensation and the Limits of Ex-Gratia Relief

Date: Jan 4, 2025
Negligence in Electricity Infrastructure: Affirming Victim Compensation and the Limits of Ex-Gratia Relief Introduction The judgment in the matter of STATE OF J AND K AND ORS. (POWER DEVELOPMENT) v....
Clarifying Jurisdictional Boundaries: Summons Under Section 91 Cannot Be Invoked During Preliminary Verification

Clarifying Jurisdictional Boundaries: Summons Under Section 91 Cannot Be Invoked During Preliminary Verification

Date: Jan 4, 2025
Clarifying Jurisdictional Boundaries: Summons Under Section 91 Cannot Be Invoked During Preliminary Verification Introduction In the case of BHARAT BHUSHAN v. ANTI CORRUPTION BUREAU JAMMU TH SSP...
Enhanced Procedural Compliance in NDPS Seizure and Sampling: Upholding the Burden of Proof

Enhanced Procedural Compliance in NDPS Seizure and Sampling: Upholding the Burden of Proof

Date: Jan 4, 2025
Enhanced Procedural Compliance in NDPS Seizure and Sampling: Upholding the Burden of Proof Introduction The case of STATE OF J AND K TH SHO POLICE STATION KATHUA v. FARMAN ALI AND ANOTHER brings to...
Prohibition on Recovery of Excess Payments from Retired Lower Grade Employees Absent Fraud or Misrepresentation

Prohibition on Recovery of Excess Payments from Retired Lower Grade Employees Absent Fraud or Misrepresentation

Date: Jan 4, 2025
Prohibition on Recovery of Excess Payments from Retired Lower Grade Employees Absent Fraud or Misrepresentation 1. Introduction The case of Kamlesh Prasad v. The State of Bihar (decided on January 3,...
Reaffirmation of the Right to Withdraw Consent Before a Mutual Divorce Decree Under Section 13-B of the Hindu Marriage Act

Reaffirmation of the Right to Withdraw Consent Before a Mutual Divorce Decree Under Section 13-B of the Hindu Marriage Act

Date: Jan 4, 2025
Reaffirmation of the Right to Withdraw Consent Before a Mutual Divorce Decree Under Section 13-B of the Hindu Marriage Act Introduction The High Court of Orissa in the case of Doyel Dey v. The Judge,...
False Criminal Complaints as a Ground for Mental Cruelty in Matrimonial Cases

False Criminal Complaints as a Ground for Mental Cruelty in Matrimonial Cases

Date: Jan 4, 2025
False Criminal Complaints as a Ground for Mental Cruelty in Matrimonial Cases Introduction The Bombay High Court’s decision in Smt. Vaibhavi Rajendra Chalke v. Shri. Rajendra Ganpat Chalke (Family...
Preventive Detention and the Threshold of Culpability: Judicial Affirmation in Shahid Ahmad Bhat v. Union Territory of J&K and Anr.

Preventive Detention and the Threshold of Culpability: Judicial Affirmation in Shahid Ahmad Bhat v. Union Territory of J&K and Anr.

Date: Jan 4, 2025
Preventive Detention and the Threshold of Culpability: Judicial Affirmation in Shahid Ahmad Bhat v. Union Territory of J&K and Anr. Introduction The case of Shahid Ahmad Bhat v. Union Territory of...
“Stigmatic Termination of Contractual Employees Requires Prior Inquiry”: New Principle from the Chhattisgarh High Court

“Stigmatic Termination of Contractual Employees Requires Prior Inquiry”: New Principle from the Chhattisgarh High Court

Date: Jan 4, 2025
“Stigmatic Termination of Contractual Employees Requires Prior Inquiry”: New Principle from the Chhattisgarh High Court 1. Introduction The recent Judgment in Yaad Das Sahu v. State of Chhattisgarh...
The Necessity of Demonstrating “Proceeds of Crime” for Money-Laundering Under PMLA

The Necessity of Demonstrating “Proceeds of Crime” for Money-Laundering Under PMLA

Date: Jan 4, 2025
The Necessity of Demonstrating “Proceeds of Crime” for Money-Laundering Under PMLA 1. Introduction This commentary analyzes the Jammu and Kashmir High Court’s Judgment in the case of Hilal Ahmad Mir...
The Affirmation of Authorized Government Representation in Arbitration Challenges

The Affirmation of Authorized Government Representation in Arbitration Challenges

Date: Jan 4, 2025
The Affirmation of Authorized Government Representation in Arbitration Challenges Introduction This commentary examines the recent decision of the High Court of Jammu & Kashmir and Ladakh in the case...
Clarifying Eligibility for Old Age Pension Despite Familial Support

Clarifying Eligibility for Old Age Pension Despite Familial Support

Date: Jan 4, 2025
Clarifying Eligibility for Old Age Pension Despite Familial Support 1. Introduction The case of Chinnakalai v. The Thasildar (Social Welfare Scheme) was heard before the Madurai Bench of the Madras...
Clarifying the Termination of Court-Monitored Investigations: Bombay High Court’s New Guidance

Clarifying the Termination of Court-Monitored Investigations: Bombay High Court’s New Guidance

Date: Jan 3, 2025
Clarifying the Termination of Court-Monitored Investigations: Bombay High Court’s New Guidance Introduction This Judgment—Smita Pansare and Anr. v. The State of Maharashtra, delivered by the Bombay...
Refusal to Quash FIR in Serious Offenses Despite Settlement: Bombay High Court’s Clarification under BNS 2023

Refusal to Quash FIR in Serious Offenses Despite Settlement: Bombay High Court’s Clarification under BNS 2023

Date: Jan 3, 2025
Refusal to Quash FIR in Serious Offenses Despite Settlement: Bombay High Court’s Clarification under BNS 2023 1. Introduction The Bombay High Court’s judgment in Vijay Rambabu Sonkar & Ors v. The...
The Principle of Consortium Unity and Locus Standi in Contractual Disputes

The Principle of Consortium Unity and Locus Standi in Contractual Disputes

Date: Jan 3, 2025
The Principle of Consortium Unity and Locus Standi in Contractual Disputes 1. Introduction The present commentary discusses the Judgment delivered by the High Court of Jammu & Kashmir and Ladakh in...
Clarification on Exclusive Jurisdiction After High Court Appointment of Arbitrator

Clarification on Exclusive Jurisdiction After High Court Appointment of Arbitrator

Date: Jan 3, 2025
Clarification on Exclusive Jurisdiction After High Court Appointment of Arbitrator 1. Introduction This case, titled “The Chief General Manager H.P. Telecom Circle & Others v. Kashmir Singh,” focuses...
Forwarding Offensive Social Media Content Constitutes Liability: A New Precedent from the Madras High Court

Forwarding Offensive Social Media Content Constitutes Liability: A New Precedent from the Madras High Court

Date: Jan 3, 2025
Forwarding Offensive Social Media Content Constitutes Liability: A New Precedent from the Madras High Court Introduction This Judgment commentary examines the Madras High Court’s decision in...
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