All High Courts Case Commentaries

Delhi High Court holds that suspension cannot be extended on the ground of “pending disciplinary proceedings” unless a charge-sheet has been issued; extensions based on wrong reasons extinguish the suspension

Date: Sep 10, 2025

Suspension cannot be extended on the ground of “pending disciplinary proceedings” unless a charge-sheet has been issued; extensions based on wrong reasons extinguish the suspension Introduction In...

Madras High Court narrows Special Court’s suo motu powers under the SC/ST Act: Administrative enquiry is sine qua non for Section 4; Externment under Section 10 demands a complaint/police report, area verification, and concrete likelihood of atrocity

Date: Sep 10, 2025

Madras High Court narrows Special Court’s suo motu powers under the SC/ST Act: Administrative enquiry is sine qua non for Section 4; Externment under Section 10 demands a complaint/police report,...

Targeted deterrence against false POCSO accusations: MP High Court quashes FIR, directs prosecution of informant and mandates preliminary enquiry before coercive action in habitual-complainant scenario

Date: Sep 9, 2025

Targeted deterrence against false POCSO accusations: MP High Court quashes FIR, directs prosecution of informant and mandates preliminary enquiry before coercive action in habitual-complainant...

Intention Over Injury: MP High Court Reiterates Limits of Section 307 IPC in Sudden Quarrel with Wooden-Log Assault

Date: Sep 9, 2025

Intention Over Injury: MP High Court Reiterates Limits of Section 307 IPC in Sudden Quarrel with Wooden-Log Assault Case: Himanshu Sarwan v. The State of Madhya Pradesh Citation: 2025 MPHC-IND 25453...

Benefit of Doubt Where Related Eye-Witness Account Is Undermined by Unnatural Conduct and Medical/Physical Inconsistencies

Date: Sep 9, 2025

Benefit of Doubt Where Related Eye-Witness Account Is Undermined by Unnatural Conduct and Medical/Physical Inconsistencies 1. Introduction Har Swaroop v. State (Neutral Citation No.-...

Post-Checkmate, CPC can disallow belated employees’ PF/ESI under Section 143(1)(a); Section 10 GCA saves deposits due on national holiday — Woodland (Aero Club) Pvt. Ltd. v. ACIT (Delhi High Court, 08.09.2025)

Date: Sep 9, 2025

Post-Checkmate, CPC can disallow belated employees’ PF/ESI under Section 143(1)(a); Section 10 GCA saves deposits due on national holiday Woodland (Aero Club) Private Limited v. Assistant...

Affidavit-Based Chief Examination Impermissible in Sessions Trials; Magistrate-Supervised Sampling Mandatory under Section 52A NDPS Act: Kerala High Court Acquittal in ASKAF v. Sub Inspector of Police, Sulthan Bathery

Date: Sep 9, 2025

Affidavit-Based Chief Examination Impermissible in Sessions Trials; Magistrate-Supervised Sampling Mandatory under Section 52A NDPS Act: Kerala High Court Acquittal in ASKAF v. Sub Inspector of...

Strict Proof of “Readiness and Willingness” in Specific Performance: Mere Pleading, Third-Party Stamp Purchases, and Misrepresentation Claims Are Insufficient

Date: Sep 9, 2025

Strict Proof of “Readiness and Willingness” in Specific Performance: Mere Pleading, Third-Party Stamp Purchases, and Misrepresentation Claims Are Insufficient 1. Introduction The decision in Manoj...

Natural Parent’s Primacy Reaffirmed: Habeas Corpus Maintainable to Recover Minor from Grandparent Despite Pending Guardianship Proceedings

Date: Sep 8, 2025

Natural Parent’s Primacy Reaffirmed: Habeas Corpus Maintainable to Recover Minor from Grandparent Despite Pending Guardianship Proceedings Introduction This commentary analyses the Bombay High...

Calcutta High Court sets temporal cut‑off for counterclaims in arbitration: no counterclaim after issues are framed; exceptional allowance only until start of claimant’s evidence

Date: Sep 8, 2025

Counterclaims in Arbitration: Calcutta High Court fixes an outer limit tied to “framing of issues,” with rare leeway until commencement of claimant’s evidence Introduction In Gayatri Granites & Ors...

No “45‑Day Wait” Under Section 138 NI Act: Delhi High Court Clarifies Limitation, Upholds Concurrent Civil–Criminal Remedies, and Bars Mini‑Trials under Section 528 BNSS

Date: Sep 7, 2025

No “45‑Day Wait” Under Section 138 NI Act: Delhi High Court Clarifies Limitation, Upholds Concurrent Civil–Criminal Remedies, and Bars Mini‑Trials under Section 528 BNSS Introduction In Smt. Rama...

Chetan v. State (2025 DHC 7684): Minor Delay in Furlough Surrender to Be Viewed with a Reformative Tilt; Non‑Speaking Rejection Orders Unsustainable

Date: Sep 7, 2025

Chetan v. State (2025 DHC 7684): Minor Delay in Furlough Surrender to Be Viewed with a Reformative Tilt; Non‑Speaking Rejection Orders Unsustainable Introduction In Chetan v. State GNCT of Delhi...

Bail for Foreign Nationals in NDPS Prosecutions: Co‑accused Confession Insufficient; Article 21 and Frank Vitus–compliant Safeguards Prevail — Commentary on Tidj Mamane @ Tidy Mamane v. State of HP (2025 HHC 30402)

Date: Sep 6, 2025

Bail for Foreign Nationals in NDPS Prosecutions: Co‑accused Confession Insufficient; Article 21 and Frank Vitus–compliant Safeguards Prevail Case: Tidj Mamane alias Tidy Mamane v. State of Himachal...

Married Daughters Must Be Counted in Family Size; Policy‑Induced Delay Not Fatal: HP High Court on Compassionate Appointment

Date: Sep 6, 2025

Married Daughters Must Be Counted in Family Size; Policy‑Induced Delay Not Fatal: HP High Court on Compassionate Appointment Case: Savita v. State of Himachal Pradesh and Others Citation: 2025 HHC...

Consent of Existing Apartment Owners Is a Condition Precedent for Additional Structures; NKDA’s Non‑Obstante Clause Cannot Eclipse the WB Apartment Ownership Act and Promoters Act — Calcutta High Court Orders Demolition of Elita Garden Vista’s 16th Tower

Date: Sep 5, 2025

Consent of Existing Apartment Owners Is a Condition Precedent for Additional Structures; NKDA’s Non‑Obstante Clause Cannot Eclipse the WB Apartment Ownership Act and Promoters Act — Calcutta High...

Mere Residence Is Not an “Integral Part” of Cause of Action under Article 226 in Anti-Defection Writs: MP High Court (Indore) Applies Forum Conveniens

Date: Sep 5, 2025

Mere Residence Is Not an “Integral Part” of Cause of Action under Article 226 in Anti-Defection Writs: MP High Court (Indore) Applies Forum Conveniens Case: Umang Singhar v. The State of Madhya...

Militancy Threat Alone Is Not a Defence to Prolonged Unauthorized Absence by Police Personnel; Limited-Remand Hearing Suffices: J&K High Court affirms removal in Mehraj‑ud‑Din Khan v. UT of J&K (04.09.2025)

Date: Sep 5, 2025

Militancy Threat Alone Is Not a Defence to Prolonged Unauthorized Absence by Police Personnel; Limited-Remand Hearing Suffices Commentary on Mehraj‑ud‑Din Khan v. Union Territory of J&K & Ors., WP(C)...

Facilitating Sexual Assault as a Ground for Denial of Bail under BNS, 2023 and SC/ST (POA) Act: Commentary on Sri Syed Parveez Mushraff v. State of Karnataka (Karnataka HC, 04.09.2025)

Date: Sep 5, 2025

Facilitating Sexual Assault as a Ground for Denial of Bail under BNS, 2023 and SC/ST (POA) Act: Commentary on Sri Syed Parveez Mushraff v. State of Karnataka 1. Introduction The decision of the...

Non-filing of FSL Report with Initial Charge-sheet is Not a Bail Ground in NDPS Commercial Quantity Cases; Section 52A Lapses are Procedural Irregularities

Date: Sep 5, 2025

Non-filing of FSL Report with Initial Charge-sheet is Not a Bail Ground in NDPS Commercial Quantity Cases; Section 52A Lapses are Procedural Irregularities 1. Introduction Randhir v. State of U.P....

Parity is Role-Specific, Physical Absence Does Not Dilute Conspiracy, and “Surface Analysis” Governs UAPA Bail: Delhi High Court’s Framework in FIR 59/2020

Date: Sep 4, 2025

Parity is Role-Specific, Physical Absence Does Not Dilute Conspiracy, and “Surface Analysis” Governs UAPA Bail: Delhi High Court’s Framework in FIR 59/2020 Introduction In a consolidated judgment...