Review Power Not Inherent; Authority Becomes Functus Officio Once Final Order Passed: Patna HC Reinstates Panchayat Teachers After 10 Years

The Patna High Court recently set aside the orders of the state-level tribunals and reinstated two women Panchayat teachers in Buxar after nearly a decade-long legal battle. In doing so, the Court reiterated that the power of review is not an inherent attribute of a judicial or quasi-judicial authority and must flow from a specific statutory conferment.A Single Judge Bench comprising Justice...

Including Dead Persons As Prosecution Witness Goes To Root Of Matter, Shows Non-Application Of Mind Rendering Probe Unreliable: Allahabad HC

The Allahabad High Court has held that investigation is rendered unreliable and legally unsustainable if dead persons are included as prosecution witnesses without any explanation.Justice Shekhar Kumar Yadav held “The inclusion of deceased persons as prosecution witnesses, without any explanation, goes to the root of the matter and reflects non-application of mind during investigation,...

Availability Of Civil Remedy Not Grounds To Quash Criminal Proceedings: J&K High Court Holds In Enso Tower Dispute

The High Court of Jammu & Kashmir and Ladakh recently held that the mere existence of a civil or commercial dispute does not bar criminal prosecution, if the allegations in a complaint disclose the commission of a criminal offense. Noting that same facts might result in both civil and criminal remedies, the bench comprising of Justice Sanjay Dhar, on 26th December, 2025, rejected to quash...

Bank's Right To Recover Becomes Absolute Once Demand Notice Is Served In Borrower's Lifetime, Fresh Notice To Legal Heirs Not Needed: Kerala HC

The Kerala High Court, in a recent judgment, held that the statutory right of a bank to recover dues from a borrower under the SARFAESI Act becomes absolute once the demand notice is duly served during his lifetime and the mandatory 60-day period expires without the liability discharged.There was no need for the bank to issue fresh notices under the Act for the legal heirs of the...

Bail Is Rule, Jail Exception: High Court Grants Bail To J&K Bank Manager In Alleged Multi-Crore Loan Fraud Case

The Jammu and Kashmir and Ladakh High Court has granted bail to Jatinder Kumar, a Manager of Jammu & Kashmir Bank, who was arrested in connection with an alleged large-scale loan fraud case investigated by the Crime Branch, Economic Offences Wing (EOW), Jammu.While allowing the bail application, Justice Mohammad Yousuf Wani strongly reiterated the settled constitutional principle that...

Non-Signatory Developer Can Be Impleaded In Arbitration If Conduct Shows Intent To Be Bound: Karnataka High Court

The Karnataka High Court has refused to interfere with an arbitral tribunal's decision impleading a non signatory company in arbitration proceedings holding that where conduct, agreements and commercial involvement of a party demonstrates clear intent to be bound by the arbitration agreement, the Group of Companies would apply. A Division Bench of Justice Jayant Banerji and Justice...

Courts Must Not Stifle Corruption Probes At Threshold: J&K&L High Court Refuses To Quash FIR Against Former ARTO

Reiterating that courts must not stifle corruption investigations at the threshold, the Jammu and Kashmir and Ladakh High Court has dismissed a plea seeking quashment of an FIR registered against a former Assistant Regional Transport Officer, holding that the record discloses “sufficient grounds to suspect commission of offences” and that no case for exercise of inherent jurisdiction is...

Delhi High Court Bars “Star Smith” Name And Domain For Infringing A.O. Smith Trademarks

The Delhi High Court has barred the use of the trade name “Star Smith” and the website “www.starsmith.in,” holding that they appear to infringe the registered trademarks and domain names of A.O. Smith Corporation, a global maker of geysers and water purification systems.Justice Tejas Karia, passed the interim order on December 24, 2025, observing that the disputed trade name and...

Bombay High Court Sets Aside Arbitral Award Against Investors, Says Participation In Regulatory Proceedings Is Not “Forum Shopping”

The Bombay High Court recently set aside an arbitral decision that had rejected investors' claims against Central Depository Services (India) Limited (CDSL), on the grounds of alleged forum shopping, by declaring that involvement in regulatory proceedings does not bar independent arbitration remedies. Allowing a petition under Section 34 of the Arbitration and Conciliation Act, 1996,...

Section 5 Of Limitation Act Does Not Apply To Filing Of Election Petitions Under Municipalities Act, 1916: Allahabad High Court

The Allahabad High Court has held that Section 5 of the Limitation Act does not apply to filing of election petitions under the Municipalities Act, 1916 as such election petitions are not suits.Justice Subhash Vidyarthi held“Although an election petition filed under Section 20 of the Municipalities Act is not a suit, it is an original proceeding which has to be decided in the manner...

Calcutta High Court Annual Tax Digest 2025

Direct TaxAO Duty Bound To Dispose Of Assessee's Written Objections To Proposed Re-Assessment By Passing Speaking Order: Calcutta High CourtCase title: Principal Commissioner Of Income Tax 13 Kolkata Vs Champalal OmprakashCase no.: ITAT/5/2025The Calcutta High Court recently upheld an ITAT order deleting the addition of over ₹4 crore made to the income of an assessee under the Income Tax...

Delhi High Court Revives Inventor's Patent Application For Mechanical Folding Device

The Delhi High Court has set aside a Patent Office order refusing a patent application filed by inventor Resham Priyadarshini for an invention titled “A Device For Folding Or Bending An Article”. The court held that the rejection was based on an incomplete reading of the application and remanded the matter for fresh consideration.In a judgment dated December 24, 2025, a single-judge Bench...