precedent Archives

Watali Judgment not a precedent to deny bail to UAPA accused in long incarceration with no end to trial in sight: SC

In Zahoor Ahmad Shah Watali v. National Investigating Agency, 2018 SCC OnLine Del 11185, the accused under various provisions of IPC and UAPA was released on bail by the High Court, conducting a mini trial and determining admissibility of certain evidence which clearly exceeded the limited scope of a bail proceeding, hence, the Supreme Court in NIA v. Zahoor Ahmad Shah Watali, (2019) 5 SCC 1, cancelled the said grant of bail.

Case Briefs High Courts

Which judgment is binding when coordinate benches of Court have conflicting decisions? Allahabad HC answers

“When a Coordinate Bench issues a judgment on a particular legal issue, that judgment becomes binding precedent for subsequent cases involving a similar issue before another Coordinate Bench”

Hot Off The Press News

Judge vs Judge: Supreme Court transfers Fake Caste Certificates Case from Calcutta High Court to itself

The Supreme Court took suo motu cognizance of the matter and, in a special hearing on Saturday, 27.01.2024, stayed the Single Judge Bench’s order directing the handover of case papers related to the alleged issuance of fake caste certificates to the CBI, despite a division bench stay order.

Case Briefs Supreme Court (Constitution/Larger Benches)

Single Judge vs Division Bench: Supreme Court’s 5-Judge Bench stays Calcutta HC’s Single Bench order defying Division Bench stay on CBI Probe in Fake Caste Certificates Case

In the case relating to allegations of issuance of fake caste certificates, the Single Judge Bench of the Calcutta High Court had directed the handover of papers related to the case of alleged issuance of fake caste certificates to the CBI, despite the stay order of a division bench.

Case Briefs Supreme Court

Supreme Court decides taxability of interest income on Bank FDs of Clubs; Illuminates Ratio Decidendi

“A decision in a case takes its flavour from the facts of the case and the question of law involved and decided.”

Case Briefs High Courts

Temporary, seasonal or short-term employment does not amount to unfair labour practice; Allahabad High Court denies relief to workman

Allahabad High Court said that it is not possible to hold that temporary employment for every seasonal increase in industrial activities as an unfair labour practice.

Case Briefs High Courts

Whether a Motor Accident Claims Tribunal constituted under MV Act, 1988 is a Court subordinate to the High Court within the meaning of S. 115 of CPC? Allahabad High Court answers

The view of the Full Bench in Kamla Yadav case, that a Motor Accident Claims Tribunal constituted under the Act is a Court subordinate to the High Court within the meaning of Section 115 of the Code, does not require reconsideration.

Case Briefs High Courts

Participation in the elections of college union is an integral part of the education; Uttaranchal High Court grants age relaxation of two years to the student for participating in the college election

The Uttaranchal High Court held that participation in the elections of college union was an integral part of the education, and it was an opportunity that was given to the students for developing their leadership qualities, therefore, two years age relaxation was granted to the student for participating in his college elections.

Case Briefs High Courts

“Every judgment must be seen to its own context and facts, and the precedents cannot be applied universally to every case”; Allahabad High Court denies anticipatory bail to the applicant

Allahabad High Court: In an anticipatory bail application filed by the applicants for offences under Sections 420, 467, 468, 471, 386, 120-B,

Case Briefs High Courts

Raj HC | Judgment can be a binding precedent only for what has been considered and held in it; No Court can travel beyond facts mentioned and considered therein to cull out “ratio decidendi”

Rajasthan High Court: Mahendra Kumar Goyal J., dismissed the petition being devoid of merits. The facts of the case are such that

Case Briefs High Courts

Jhar HC | Tribunal is supposed to answer any reference by considering evidence and pleading of parties, not simply by relying upon precedent

Jharkhand High Court: Rajesh Kumar, J., allowed the petition filed by the petitioner stating that the tribunal has failed to pass a