Topic
Under Section 195 of the CrPC, a police FIR alleging obstruction of a public servant is invalid unless the servant files a written complaint; the Gujarat High Court therefore quashed the FIR. The ruling bars cognizance of such offences without the statutory complaint, protecting accused persons from unwarranted prosecution.
An order extending the NDPS investigation under Sec 36-A(4) was struck down for breaching the accused’s right to notice and a hearing, restoring their entitlement to default bail. The ruling underscores that procedural safeguards cannot be bypassed even in narcotics cases, affecting all persons facing NDPS prosecutions.
The Orissa High Court found the arrests invalid for breaching the 24-hour production rule under Article 22(2) and therefore granted bail under Sec 483 BNSS, extending the constitutional safeguard to the two NDPS-charged accused.
Delhi HC stayed NHAI's debarment of a joint-venture independent engineer because the authority failed to issue the graded warnings required by the contract’s TOR, and a policy circular cannot override the agreement. The ruling obliges NHAI to follow the step-wise warning mechanism in any future debarment, safeguarding consultants from arbitrary exclusion.
By rejecting the writ, the Delhi High Court clarified that the proper forum for MCA investigations is the place where the substantive corporate dispute arises, reinforcing the nexus test for Article 226 jurisdiction. This guidance applies to companies facing regulatory probes across India.
The Gauhati High Court quashed the April 2025 order cancelling the regularisation of 45 Block Education Officers, holding that appointments must adhere to the statutory recruitment rules and earlier judicial directions. The decision reinstates the officers’ regular status and bars arbitrary revocation.
The High Court set aside the July 2026 order denying renewal of a foreign contribution registration, finding the authority failed to record a satisfaction of mind and breached natural-justice principles. It ordered a fresh hearing, underscoring that FCRA renewal decisions must be reasoned and afford the applicant a fair chance to be heard. NGOs and societies holding FCRA certificates are directly impacted.
A discharge voucher signed under protest does not extinguish the insurer’s duty to pay the remaining cargo loss. The Punjab & Haryana HC upheld the consumer forum’s jurisdiction, letting policyholders claim the balance despite partial settlement. This protects insureds from losing residual rights.
The Punjab & Haryana High Court ruled that a borrower's default on a loan pledged during bail proceedings does not, by itself, warrant revocation of pre-arrest bail under Section 483(2) of the BNSS. This clarifies that financial defaults cannot be used as a standalone ground to cancel anticipatory bail, protecting accused persons from bail loss over civil debt issues.
The Uttarakhand High Court held that a husband who voluntarily assumed family responsibility must pay maintenance to a step-son, even without a biological relationship. It also increased monthly maintenance to ₹8,000 for the wife and ₹6,000 for the minor daughter. The ruling extends Section 125 CrPC protection to non-biological dependents.
The Gujarat High Court set aside a 2019 Section 148 notice, ruling that without new, concrete material a tax authority cannot reopen an assessment merely on a revised opinion. This reinforces that any reassessment must be backed by fresh evidence, protecting taxpayers from arbitrary reopening.
The Punjab and Haryana High Court ruled that a conviction recorded after the alleged offence cannot be counted as a prior conviction under Section 31 of the NDPS Act, so enhanced punishment cannot be imposed. Only convictions existing before the offence date qualify, impacting NDPS prosecutions with multiple cases.
Delhi High Court dismisses appeal, upholding arbitral award and confirming narrow scope of judicial review under Sections 34 and 37 of the Arbitration Act.
The Punjab & Haryana High Court ruled that land situated more than ten kilometres from a municipal boundary attracts a 1.5 multiplier in compensation under the 2013 Act, and that the market-value date is the Section 4 notification. This raises the payable amount to ₹99,17,362 per acre, affecting owners and developers acquiring rural land beyond the specified distance.
The Punjab & Haryana High Court ordered regular bail for Gurkirpal Singh, holding that when the prosecution offers no independent evidence, the constitutional guarantee of a speedy trial under Article 21 overrides the stringent bail denial under Section 37 of the NDPS Act. This establishes that speedy-trial rights can prevail over statutory bail restrictions, benefiting accused in drug cases lacking direct proof.