Karnataka High Court, in a significant ruling, clarified that medical reimbursement to government servants cannot be denied merely because the hospital where treatment was taken changed its name. The judgment, delivered by Justice Suraj Govindaraj on 10 September 2025 in Dr. Shivanandappa Doddagoudar v. State of Karnataka & Ors., Writ Petition No. 106571 of 2025,
... Continue Reading.Case Summary: Rinki Chakraborty Nee Das v. State of West Bengal & Anr. (2025) | Financial Constraints Do Not Excuse Husband’s Obligation to Maintain Wife
The case of Rinki Chakraborty Nee Das v. State of West Bengal & Anr. is a significant ruling of the Calcutta High Court delivered on 12 September 2025 by Justice Dr. Ajoy Kumar Mukherjee. It revisits and clarifies the principles underlying Section 125 of the Code of Criminal Procedure (Cr.P.C.), now re-enacted as Section 144
... Continue Reading.Is a Magistrate Empowered to Direct Re-Investigation of a Case?
The criminal justice system rests on two fundamental pillars: a fair investigation and an impartial trial. Any deficiency in either process undermines public confidence in justice. The role of the Magistrate in supervising investigations, however, has long been a subject of judicial interpretation. A recurrent question is whether a Magistrate is empowered to order re-investigation
... Continue Reading.STRICT COMPLIANCE COMPULSORY IN NOTICE U/S 138 NEGOTIABLE INSTRUMENTS ACT
The Supreme Court has reaffirmed the strict and technical compliance required under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), particularly regarding the contents of a demand notice issued under Proviso (b) of the Section. BACKGROUND FACTS The case arose from a dispute involving a dishonoured cheque issued for Rs. 1 crore by
... Continue Reading.Is a Xerox Copy of a Cheque Admissible as Secondary Evidence? Madras HC Answers
Evidence is the bedrock of justice. Courts can only decide disputes based on reliable proof. In documentary evidence, the original document (primary evidence) is the best proof. However, circumstances often arise where the original is lost, destroyed, or otherwise unavailable. To ensure justice is not defeated by such contingencies, the law recognises secondary evidence. Traditionally,
... Continue Reading.Does Participation in Another Religion’s Festival Violate Constitutional Rights?
India, as a secular nation, is characterised by its vibrant diversity of faiths, traditions, and cultures. The Constitution enshrines both the right to freedom of religion and the secular fabric of the State. Yet, tensions often arise when individuals from one faith are invited to participate in the religious or cultural practices of another. Questions
... Continue Reading.Duty to Decide on Merits Prevails Until Case Is Dismissed by Formal Order
One of the cornerstones of civil justice is that disputes brought before courts must be adjudicated fairly and on the merits. The Code of Civil Procedure, 1908 (CPC) provides litigants with the liberty to abandon or withdraw their suits under certain conditions. Yet, this procedural right raises a critical question: Does the filing of a
... Continue Reading.LIMITS ON RECALL OF JUDICIAL ORDERS IN ANTICIPATORY BAIL MATTERS
INTRODUCTION The Supreme Court of India, in the case of Gurvinder Singh v. Jasbir Singh @ Jasvir Singh & Anr., SLP (Crl.) No. 3843/2025, decided on 15th September 2025, Coram: Justices Ahsanuddin Amanullah & S.V.N. Bhatti, has addressed a nuanced yet crucial aspect of criminal procedure—the limits on recalling or restoring judicial orders, particularly in
... Continue Reading.Delhi High Court Transfers Cases to NCLT for Effective Adjudication
Delhi High Court Transfers Cases to NCLT for Effective Adjudication Introduction The Delhi High Court has transferred winding-up petitions filed against Vigneshwara Developwell Pvt Ltd to the National Company Law Tribunal (NCLT). The petitions were filed under Sections 433(e), 434, and 439 of the Companies Act, 1956, seeking winding up of the respondent company due
... Continue Reading.SUPREME COURT ON ABUSE OF PROCESS IN SEC. 498A, IPC MATTER
In a judgment delivered on September 18, 2025, the Supreme Court of India, through a Division Bench of Justices Sanjay Karol and Prashant Kumar Mishra, set aside both an FIR and related High Court order, underscoring the rigorous standards for allowing prosecution under Section 498-A of the Indian Penal Code. The case, Nitin Ahluwalia v.
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