All High Courts Case Commentaries

Bail Parity Not Automatic in NIA Appeals: Foreign National, Alleged Forged Identity Documents & Flight-Risk Justify Refusal Despite Co-accused Bail

Date: Jan 7, 2026

Bail Parity Not Automatic in NIA Appeals: Foreign National, Alleged Forged Identity Documents & Flight-Risk Justify Refusal Despite Co-accused Bail 1. Introduction The decision in AMOL CHANDRA DAS @...

Trans-border Reputation and “Bad Faith” in Rectification: Websites, Global Fame, and Suspicion Are Not Enough

Date: Jan 6, 2026

Trans-border Reputation and “Bad Faith” in Rectification: Websites, Global Fame, and Suspicion Are Not Enough Case: MR. SUMIT VIJAY & ANR. v. MAJOR LEAGUE BASEBALL PROPERTIES INC. & ANR. (Delhi High...

Indian Patent Claim Construction Must Be Holistic: “Characterized in that” Has No Special Status Under the Patents Act, 1970

Date: Jan 6, 2026

Indian Patent Claim Construction Must Be Holistic: “Characterized in that” Has No Special Status Under the Patents Act, 1970 Case: AUTOMAT IRRIGATION PVT. LTD. AND ORS v. AQUESTIA LIMITED & ANR....

Conviction Under Unframed IPC Charges Set Aside; POCSO Lesser-Offence Conviction Sustained on Reliable Child Testimony

Date: Jan 6, 2026

Conviction Under Unframed IPC Charges Set Aside; POCSO Lesser-Offence Conviction Sustained on Reliable Child Testimony 1) Introduction In DHARMENDRA KUMAR v. THE STATE GOVT. OF NCT OF DELHI (Delhi...

Contractual Film-Financing Disputes and Section 528 BNSS: Quashing Denied Where FIR Pleads Prima Facie Siphoning/Misappropriation

Date: Jan 6, 2026

Contractual Film-Financing Disputes and Section 528 BNSS: Quashing Denied Where FIR Pleads Prima Facie Siphoning/Misappropriation Case: GANGESHWAR LAL SHRIVASTAVA v. State of RAJASTHAN (connected...

Section 311 Cr.P.C Recall Cannot Be Sought Merely Due to Change of Counsel: “New Counsel Steps Into the Shoes of Previous Counsel”

Date: Jan 6, 2026

Section 311 Cr.P.C Recall Cannot Be Sought Merely Due to Change of Counsel: “New Counsel Steps Into the Shoes of Previous Counsel” 1. Introduction The decision in SH. VIMAL GHAI v. SH. M. P. SHARMA...

Good-Faith Security Restraint on Private Premises Does Not Constitute Wrongful Restraint or Outraging Modesty (Delhi High Court)

Date: Jan 6, 2026

Good-Faith Security Restraint on Private Premises Does Not Constitute Wrongful Restraint or Outraging Modesty 1. Introduction In MANOJ MISHRA v. STATE & ANR. (2026 DHC 32), the Delhi High Court...

MRTP Act Section 126 “Acquisition by Agreement” Includes Surrender of Reserved Land in Lieu of FSI/Waiver: Vesting Can Follow a Possession Receipt and Concluded Development Bargain

Date: Jan 6, 2026

MRTP Act Section 126 “Acquisition by Agreement” Includes Surrender of Reserved Land in Lieu of FSI/Waiver: Vesting Can Follow a Possession Receipt and Concluded Development Bargain 1) Introduction...

Bar Association Election Challenges: Writ Not Maintainable; Proximity-Card Possession (Not Scanning) Satisfies Lalit Sharma

Date: Jan 6, 2026

Bar Association Election Challenges: Writ Not Maintainable; Proximity-Card Possession (Not Scanning) Satisfies Lalit Sharma 1. Introduction The Delhi High Court in VIPIN KUMAR SHARMA v. THE RETURNING...

Accrued Right to Advance Increment for Computer Training Completed During the Currency of the 06.02.2006 Circular Survives Its Withdrawal

Date: Jan 6, 2026

Accrued Right to Advance Increment for Computer Training Completed During the Currency of the 06.02.2006 Circular Survives Its Withdrawal Case: Rakesh Verma v. The State Of Madhya Pradesh (and...

Section 311A Cr.P.C.: Proviso “Arrest” Condition Applies Only to Accused; Magistrate May Compel Specimen Signatures/Handwriting During Investigation and Treat “Court Bail” as Sufficient Arrest Nexus

Date: Jan 6, 2026

Section 311A Cr.P.C.: Proviso “Arrest” Condition Applies Only to Accused; Magistrate May Compel Specimen Signatures/Handwriting During Investigation and Treat “Court Bail” as Sufficient Arrest Nexus...

Passing Off Requires Goodwill Prior to Defendant’s First Use; Long Non‑Use and “Abandonment” Cannot, at Interim Stage, Defeat a Prior User with Subsisting Registration

Date: Jan 6, 2026

Passing Off Requires Goodwill Prior to Defendant’s First Use; Long Non‑Use and “Abandonment” Cannot, at Interim Stage, Defeat a Prior User with Subsisting Registration Case: SANA HERBALS PRIVATE...

Restoration, Not Full Parity: Pre‑2009 SFF PBOR Retirees Entitled Only to Revival of 45% Commuted Pension After 15 Years

Date: Jan 6, 2026

Restoration, Not Full Parity: Pre‑2009 SFF PBOR Retirees Entitled Only to Revival of 45% Commuted Pension After 15 Years 1. Introduction Case: Ex-Servicemen Welfare Union v. Union of India AND ORS....

Minor Discrepancies in Counting/Serial Numbers Do Not Vitiate Seizure of Counterfeit Currency When Chain of Custody Is Intact; Section 108 Customs Statement as Substantive Corroboration for Section 489C IPC

Date: Jan 6, 2026

Minor Discrepancies in Counting/Serial Numbers Do Not Vitiate Seizure of Counterfeit Currency When Chain of Custody Is Intact; Section 108 Customs Statement as Substantive Corroboration for Section...

Strict Compliance with Section 12(3)(b): Any Shortfall in Depositing (Interim) Standard Rent by the First Hearing Forfeits Protection from Eviction

Date: Jan 6, 2026

Strict Compliance with Section 12(3)(b): Any Shortfall in Depositing (Interim) Standard Rent by the First Hearing Forfeits Protection from Eviction 1. Introduction The Gujarat High Court (J.C. Doshi,...

Stay of SEP-Damages Money Decrees: Deposit Not Mandatory; Bank Guarantee Appropriate Where Quantum Rests on Unfounded Assumptions (Order XLI Rule 5 CPC)

Date: Jan 6, 2026

Stay of SEP-Damages Money Decrees: Deposit Not Mandatory; Bank Guarantee Appropriate Where Quantum Rests on Unfounded Assumptions (Order XLI Rule 5 CPC) 1. Introduction This Delhi High Court Division...

State Largesse in Public Tenders: Mandatory Anti-Monopoly Tender Design by Restricting One Licence per Bidder (APSRTC Open Spaces)

Date: Jan 6, 2026

State Largesse in Public Tenders: Mandatory Anti-Monopoly Tender Design by Restricting One Licence per Bidder (APSRTC Open Spaces) Court: High Court of Andhra Pradesh at Amaravati Judge: Hon’ble Mr....

BSF Seniority of Direct Recruits: “Continuous Regular Appointment” Prevails Over Batch Merit Where Joining Is Delayed

Date: Jan 6, 2026

BSF Seniority of Direct Recruits: “Continuous Regular Appointment” Prevails Over Batch Merit Where Joining Is Delayed 1. Introduction In JAI MANGAL RAI v. UNION OF INDIA AND ORS. (Delhi High Court,...

Co-operative Housing Societies Not “Industry” Under the ID Act and Not “Establishment” Under the Maharashtra Shops Act (Hence Gratuity Act Inapplicable)

Date: Jan 6, 2026

Co-operative Housing Societies Not “Industry” Under the ID Act and Not “Establishment” Under the Maharashtra Shops Act (Hence Gratuity Act Inapplicable) Case: APSARA CO-OPERATIVE HOUSING SOCIETY LTD....

NDPS Absconders Cannot Be Declared “Proclaimed Offenders” Under Section 82(4) CrPC: They Remain “Proclaimed Persons”, Though Cognizance Under Section 174A IPC Still Lies

Date: Jan 6, 2026

NDPS Absconders Cannot Be Declared “Proclaimed Offenders” Under Section 82(4) CrPC: They Remain “Proclaimed Persons”, Though Cognizance Under Section 174A IPC Still Lies 1. Introduction In AVINASH...