All High Courts Case Commentaries

Award‑Specific Limitation and Liberal Construction of Section 28‑A Reaffirmed: Commentary on Ved Prakash Saini & Ors. v. State of U.P. (Allahabad High Court, 23 Sept 2025)

Date: Sep 24, 2025

Award‑Specific Limitation and Liberal Construction of Section 28‑A Reaffirmed: Allahabad High Court in Ved Prakash Saini & Ors. v. State of U.P. and connected matters Introduction This consolidated...

Mandamus to Enforce Section 77 RFCTLARR: Collector must deposit compensation within 30 days of award; quantum disputes no ground to withhold payment

Date: Sep 24, 2025

Mandamus to Enforce Section 77 RFCTLARR: Collector must deposit compensation within 30 days of award; quantum disputes no ground to withhold payment Case: Shri Lokanna S/o. Ramappa Biradarpatil and...

MSMED Act Section 18: MSEFC Must Formally Transition from Conciliation to Arbitration and Follow the 1996 Act; Otherwise Its “Order” Is Not an Arbitral Award Amenable Only to Section 19

Date: Sep 24, 2025

MSMED Act Section 18: MSEFC Must Formally Transition from Conciliation to Arbitration and Follow the 1996 Act; Otherwise Its “Order” Is Not an Arbitral Award Amenable Only to Section 19 1)...

Shah Enterprise v. State of Gujarat (Gujarat HC, 23-09-2025) — Commentary

Date: Sep 24, 2025

Post-Award Interest at 18% on the “Sum” (Principal + Pre-Award Interest) Under Section 31(7)(b) and No “Merger for All Purposes” Where the Interest Issue Was Never Adjudicated 1. Introduction In SHAH...

Mere Framing of Issues Is Not Commencement of Trial; Subsequent Facts and Additional Divorce Grounds Can Be Introduced by Amendment

Date: Sep 23, 2025

Mere Framing of Issues Is Not Commencement of Trial; Subsequent Facts and Additional Divorce Grounds Can Be Introduced by Amendment Introduction This commentary examines the Allahabad High Court’s...

Non‑joinder of a Later‑Formed Partnership Is Not Fatal to Eviction Under the H.P. Public Premises Act: Burden on Occupants to Prove Firm Tenancy

Date: Sep 23, 2025

Non‑joinder of a Later‑Formed Partnership Is Not Fatal to Eviction Under the H.P. Public Premises Act: Burden on Occupants to Prove Firm Tenancy Introduction In Sudershan Devi and Others v....

Once RTI Information Is Lawfully Disclosed, Its Sharing by an Employee Is Not “Unauthorised Communication” or “Official Document” Misconduct

Date: Sep 23, 2025

Once RTI Information Is Lawfully Disclosed, Its Sharing by an Employee Is Not “Unauthorised Communication” or “Official Document” Misconduct Case: The Manager (TP-BPN), Bharat Heavy Electricals...

Bail in Sexual Offence Prosecutions: Hostile Prosecutrix Testimony and Prolonged Pre-Trial Detention as Key Determinants

Date: Sep 23, 2025

Bail in Sexual Offence Prosecutions: Hostile Prosecutrix Testimony and Prolonged Pre-Trial Detention as Key Determinants 1. Introduction In Kamal Kishore Kushwaha @ Kalla @ Radhe v. State Of Madhya...

Limits of Section 482 CrPC (Now BNSS) in Ongoing Investigations: High Court Cannot Direct Arrest or Filing of Charge-Sheet, Only Ensure Timely Conclusion Under Section 173(1)

Date: Sep 23, 2025

Limits of Section 482 CrPC (Now BNSS) in Ongoing Investigations: High Court Cannot Direct Arrest or Filing of Charge-Sheet, Only Ensure Timely Conclusion Under Section 173(1) 1. Introduction In Adesh...

Fact-Verification as a Threshold in Quo Warranto PILs: Punjab & Haryana High Court Imposes Costs for Misuse of Judicial Process

Date: Sep 23, 2025

Fact-Verification as a Threshold in Quo Warranto PILs: Punjab & Haryana High Court Imposes Costs for Misuse of Judicial Process Introduction In Jagdish Masih and another v. State of Punjab and others...

Jointly Titled Matrimonial Property: Benami Act Bar on “Real Owner” Claims and 50:50 Release of Sale Proceeds

Date: Sep 23, 2025

Jointly Titled Matrimonial Property: Benami Act Bar on “Real Owner” Claims and 50:50 Release of Sale Proceeds Case: SANGEETA GERA v. SANJEEV GERA (2025 DHC 8356-DB) Court: Delhi High Court (Division...

Litigant Not to Suffer for Counsel’s Lapse; MP High Court Pilots a “Social Audit” Restorative Measure While Restoring a 14-Year-Old Writ

Date: Sep 22, 2025

Litigant Not to Suffer for Counsel’s Lapse; MP High Court Pilots a “Social Audit” Restorative Measure While Restoring a 14-Year-Old Writ Introduction Case: Sushil Verma v. Madhya Pradesh Industrial...

Meaningful Progress Over Mere Delay: Delhi High Court reaffirms the twin-test for bail under MCOCA and clarifies that prior acquittals do not defeat MCOCA invocation once cognizance has been taken

Date: Sep 22, 2025

Meaningful Progress Over Mere Delay: Delhi High Court reaffirms the twin-test for bail under MCOCA and clarifies that prior acquittals do not defeat MCOCA invocation once cognizance has been taken...

Liberal Interpretation of “Legal Heir or Representative” under the Consumer Protection Act: Brother of Deceased Consumer Has Locus to Maintain Medical Negligence Complaint; Impleadment of a Class-I Heir Relates Back

Date: Sep 22, 2025

Liberal Interpretation of “Legal Heir or Representative” under the Consumer Protection Act: Brother of Deceased Consumer Has Locus to Maintain Medical Negligence Complaint; Impleadment of a Class-I...

SEBI Investigations and RTI: Delhi High Court Affirms Section 8(1)(h) Shield; SCORES Status Is Sufficient Disclosure

Date: Sep 22, 2025

SEBI Investigations and RTI: Delhi High Court Affirms Section 8(1)(h) Shield; SCORES Status Is Sufficient Disclosure Case: Srishti Rustagi v. Securities and Exchange Board of India (SEBI) & Ors., LPA...

Mother as Natural Guardian Can Solely Consent to Minor’s Life‑Saving Renal Transplant; Hospitals Cannot Insist on Absent Father’s Consent: Madras High Court

Date: Sep 22, 2025

Mother as Natural Guardian Can Solely Consent to Minor’s Life‑Saving Renal Transplant; Hospitals Cannot Insist on Absent Father’s Consent: Madras High Court Case: A. Kasthuri v. State of Tamil Nadu &...

Mens rea under Section 304 IPC in road-accident prosecutions is a trial determination; FIR–charge-sheet variance is not a ground for discharge: Commentary on Rajan V.K. v. State of Kerala

Date: Sep 22, 2025

Mens rea under Section 304 IPC in road-accident prosecutions is a trial determination; FIR–charge-sheet variance is not a ground for discharge: Commentary on Rajan V.K. v. State of Kerala...

Section 59 Notice Is the “Heart and Soul” of Externment: Non‑service Renders Orders Void; Stale Cases and Non‑Speaking Orders Impermissible — Commentary on Bharat Shatrughna Bhosale v. Divisional Commissioner (Bombay High Court, 2025)

Date: Sep 22, 2025

Section 59 Notice Is the “Heart and Soul” of Externment: Non‑service Renders Orders Void; Stale Cases and Non‑Speaking Orders Impermissible — Commentary on Bharat Shatrughna Bhosale v. Divisional...

Revocation of Premature Bail in Intra‑Familial POCSO Cases: Delhi High Court Reaffirms Strict Scrutiny and Distinguishes ‘Recall’ from ‘Cancellation’

Date: Sep 22, 2025

Revocation of Premature Bail in Intra‑Familial POCSO Cases: Delhi High Court Reaffirms Strict Scrutiny and Distinguishes ‘Recall’ from ‘Cancellation’ Case: D A Minor through her Mother and Natural...

Past Cohabitation Is Enough: Bombay High Court Affirms Expansive Section 17 PWDVA Right to Reside; Denial of Access as Economic Abuse; Residence Order Tailored to Will-Based Share

Date: Sep 22, 2025

Past Cohabitation Is Enough: Bombay High Court Affirms Expansive Section 17 PWDVA Right to Reside; Denial of Access as Economic Abuse; Residence Order Tailored to Will-Based Share Introduction This...