All High Courts Case Commentaries

Gazette re-appointment not needed on Drugs Inspector’s transfer; Sessions trial requires Magistrate’s committal; Section 468 CrPC bar inapplicable where joint trial involves graver Drugs Act offences — Karnataka High Court in Vishwanath v. State of Karnataka

Date: Sep 27, 2025

Gazette re-appointment not needed on Drugs Inspector’s transfer; Sessions trial requires Magistrate’s committal; Section 468 CrPC bar inapplicable where joint trial involves graver Drugs Act offences...

Anticipatory Bail Bar under SC/ST Act: FIR-Only Prima Facie Test for Section 18 and “Public View” Roadside Caste Insult

Date: Sep 27, 2025

Anticipatory Bail Bar under SC/ST Act: FIR-Only Prima Facie Test for Section 18 and “Public View” Roadside Caste Insult 1. Introduction The Madhya Pradesh High Court (Indore Bench), by order dated...

Zero FIR Is a Police Facilitation, Not a Jurisdictional Bridge for Magistrates: Calcutta High Court Clarifies Territorial Limits of Section 156(3) in Hate-Speech Complaints

Date: Sep 26, 2025

Zero FIR Is a Police Facilitation, Not a Jurisdictional Bridge for Magistrates: Calcutta High Court Clarifies Territorial Limits of Section 156(3) in Hate-Speech Complaints Case: Anirban Bhattacharya...

Applying the “Larger Conspiracy” Lens at the Bail Stage: Delay and Parity Not Determinative in Communal-Riot Murder Cases — Mohd Tahir Hussain v. State (NCT of Delhi), 2025 DHC 8605

Date: Sep 26, 2025

Applying the “Larger Conspiracy” Lens at the Bail Stage: Delay and Parity Not Determinative in Communal-Riot Murder Cases Case: Mohd Tahir Hussain v. State (NCT of Delhi) Citation: 2025 DHC 8605...

Mere restitution cannot erase criminal liability for misappropriation: Kerala High Court clarifies quash threshold under BNSS Section 528

Date: Sep 26, 2025

Mere restitution cannot erase criminal liability for misappropriation: Kerala High Court clarifies quash threshold under BNSS Section 528 Case: P.N. Suresh Kumar v. State of Kerala (Crl.M.C. No. 3477...

RTE and RPwD Acts Held Inapplicable to Sainik Schools: Madras High Court Upholds Non‑Negotiable Medical Fitness Standards and Estoppel Against Post‑Participation Challenges

Date: Sep 26, 2025

RTE and RPwD Acts Held Inapplicable to Sainik Schools: Madras High Court Upholds Non‑Negotiable Medical Fitness Standards and Estoppel Against Post‑Participation Challenges Case: M.R. Yajith Krishna...

Revisional Restraint under BNSS, 2023 in Section 125 Maintenance: Madras High Court Affirms Award and Reiterates Familial Duty to Maintain Wife/Mother

Date: Sep 26, 2025

Revisional Restraint under BNSS, 2023 in Section 125 Maintenance: Madras High Court Affirms Award and Reiterates Familial Duty to Maintain Wife/Mother Introduction This commentary examines the...

Acquittal in PC Act Trial Does Not Nullify Corruption-Based Disciplinary Penalty Unless Charges/Evidence Are Identical and Acquittal Is Substantively Exonerating

Date: Sep 26, 2025

Acquittal in PC Act Trial Does Not Nullify Corruption-Based Disciplinary Penalty Unless Charges/Evidence Are Identical and Acquittal Is Substantively Exonerating Court: High Court of Karnataka,...

Jurisdiction First, Amendments Cannot Cure: Bombay High Court (Goa) Directs Simultaneous Consideration of O.7 R.10/11 CPC and Amendment Applications

Date: Sep 26, 2025

Jurisdiction First, Amendments Cannot Cure: Bombay High Court (Goa) Directs Simultaneous Consideration of O.7 R.10/11 CPC and Amendment Applications Introduction In Akshay Quenim v. Royce Savio...

As-is-where-is auction sales under IBC do not extinguish KMC’s statutory first charge: mutation can be refused until transferor’s arrears are cleared

Date: Sep 26, 2025

As-is-where-is auction sales under IBC do not extinguish KMC’s statutory first charge: mutation can be refused until transferor’s arrears are cleared Decision: Cotton Casuals India Private Limited &...

Threshold for PILs Seeking New Legislation: Allahabad High Court declines to compel enactment of a ‘Men’s Protection Act’ on cursory, media-based pleadings

Date: Sep 25, 2025

Threshold for PILs Seeking New Legislation: Allahabad High Court declines to compel enactment of a ‘Men’s Protection Act’ on cursory, media-based pleadings Introduction In Chandrama Vishvakarma v....

Affirming Section 79(3)(b) Takedown Powers and Rule 3(1)(d) Validity: Karnataka High Court upholds the Sahyog Portal and limits intermediaries’ Article 19 claims

Date: Sep 25, 2025

Affirming Section 79(3)(b) Takedown Powers and Rule 3(1)(d) Validity: Karnataka High Court upholds the Sahyog Portal and limits intermediaries’ Article 19 claims Introduction In X Corp v. Union of...

Section 163-A MV Act Inapplicable to Borrower/Permissive User Who “Steps into the Shoes of the Owner” in a Single-Vehicle Accident

Date: Sep 25, 2025

Section 163-A MV Act Inapplicable to Borrower/Permissive User Who “Steps into the Shoes of the Owner” in a Single-Vehicle Accident 1. Introduction This decision of the Madurai Bench of the Madras...

Retrospective Transfer of Appellate Forum Without a Saving Clause Is Arbitrary; “Remove Difficulty” Power Cannot Rewrite the Statute

Date: Sep 25, 2025

Retrospective Transfer of Appellate Forum Without a Saving Clause Is Arbitrary; “Remove Difficulty” Power Cannot Rewrite the Statute 1) Introduction In BABURAO v. THE STATE OF KARNATAKA (Karnataka...

Duplicate PAN Allotment, Credit Reputation, and Taxpayer Protection: Commentary on S. Senthil v. Commissioner of Income Tax (Madras High Court, 23.09.2025)

Date: Sep 24, 2025

Duplicate PAN Allotment and Protection of Credit Reputation: Madras High Court’s Direction to Issue Fresh PAN to First Allottee 1. Introduction The decision of the Madras High Court in S. Senthil v....

Section 94 KVAT Clarifications Are Prospective: Later Classification Cannot Sustain Section 56 Revision for Past Years

Date: Sep 24, 2025

Section 94 KVAT Clarifications Are Prospective: Later Classification Cannot Sustain Section 56 Revision for Past Years 1) Introduction Case: K.G. Rejimon, Proprietor v. State of Kerala (2025 KER...

RPF Personnel Are Governed Exclusively by the RPF Act, 1957 and RPF Rules, 1987; Railway Servants (D&A) Rules, 1968 Inapplicable — Appellate Court Quashes Major-Penalty Proceedings for Minor Infraction, Delay, and Post-Retirement Futility

Date: Sep 24, 2025

RPF Personnel Are Governed Exclusively by the RPF Act, 1957 and RPF Rules, 1987; Railway Servants (D&A) Rules, 1968 Inapplicable — Appellate Court Quashes Major-Penalty Proceedings for Minor...

Absence of THC Percentage Is Not Fatal; Joint Section 50 Intimation to Multiple Accused Vitiates Personal Search under the NDPS Act — A Commentary on State of HP v. Soni, 2025 HHC 33178

Date: Sep 24, 2025

State of HP v. Soni (2025 HHC 33178), clarifying that THC percentage in FSL reports is not mandatory to prove 'charas', while holding that joint Section 50 consent for multiple accused vitiates...

Teaching Experience “After Post Graduation” Means After the Minimum Essential PG Degree—PG Diploma Experience Cannot Be Counted Unless the Rules Say So

Date: Sep 24, 2025

Teaching Experience “After Post Graduation” Means After the Minimum Essential PG Degree—PG Diploma Experience Cannot Be Counted Unless the Rules Say So Case: SUNIL DUTT v. THE STATE OF HP AND OTHERS...

Appointing High Court Is the “Court” under Section 29A: Calcutta High Court Affirms Residual Jurisdiction to Extend or Substitute Arbitrator

Date: Sep 24, 2025

Appointing High Court Is the “Court” under Section 29A: Calcutta High Court Affirms Residual Jurisdiction to Extend or Substitute Arbitrator Introduction In Best Eastern Business House Pvt Ltd v....