LawSikho, Author at http://justicescanner.lawsikho.com

LawSikho
October 30, 2025
4 Mins Read
80 Views
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Can a Trespasser or a Sub-Tenant Without a Valid Underlying Lease Secure an Injunction Against the True Owner? — Legal Clarification on the Limits of Possessory Protection

The Calcutta High Court has reaffirmed that, while even a trespasser cannot be evicted without due process of law, this principle cannot be invoked to secure an injunction against the true owner once the source of possession (such as an expired lease) is no longer valid. This decision upholds established precedent and provides binding authority […]

LawSikho
October 30, 2025
5 Mins Read
86 Views
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Can Writ Jurisdiction Under Article 226 Be Invoked for Purely Contractual Disputes Where No Violation of Constitutional or Statutory Rights Is Demonstrated? — Calcutta High Court Reaffirms Public Law Limits and Non-Interference

The Calcutta High Court reaffirmed that contractual disputes without evidence of arbitrariness, illegality, or breach of constitutional or statutory rights are not amenable to writ jurisdiction under Article 226. The judgment follows the clear line of Supreme Court precedents and clarifies the public law test, serving as binding authority for contractual disputes involving state entities […]

LawSikho
October 30, 2025
4 Mins Read
114 Views
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Can a Candidate Who Voluntarily Forfeited a Selection Opportunity Later Claim Appointment If Circumstances Change? – Calcutta High Court Affirms Principle of Waiver of Right Due to Non-Participation in Selection Process

The Calcutta High Court reiterates that a candidate who consciously chooses not to participate in a scheduled selection process forfeits her right to claim appointment at a later stage, even if subsequent events (such as loss of alternative employment) occur. The ruling upholds existing precedent, affirming that non-participation in the selection step extinguishes consequential rights. […]

LawSikho
October 30, 2025
4 Mins Read
76 Views
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Judgment Recalling Prior Orders Passed in Ignorance of Subordinate Tribunal Restraint; Dismissal of Writ—Practical Binding Authority on Writs in the Presence of Pending Tribunal Proceedings

Reiterates that a High Court must consider subsisting orders of Debts Recovery Tribunals in SARFAESI matters; conflicting directions are not tenable and prior orders ignoring Tribunal restraint may be recalled. This judgment reaffirms precedent and clarifies procedural handling for banks and borrowers in financial sector recovery disputes. It serves as binding authority within the Calcutta […]

LawSikho
October 30, 2025
4 Mins Read
64 Views
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Can Revenue Authorities Decide Disputed Questions of Title When Civil Suits Are Pending? Clarification on Jurisdiction Under the West Bengal Land Reforms Act Affirmed

The Calcutta High Court reaffirms that revenue authorities, including appellate bodies under the West Bengal Land Reforms Act, 1955, must stay proceedings for correction of records of rights when complicated questions of title or allegations of fraud are already before a civil court for adjudication. This upholds existing precedent that the jurisdiction to decide title […]

LawSikho
October 30, 2025
2 Mins Read
62 Views
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Does a Writ Petition Seeking Direction for Disposal of Land Settlement Representations Set any Precedent When Dismissed as Withdrawn?

When a writ petition is withdrawn at the request of the petitioner, without any adjudication on merits, the High Court’s order does not set any new legal principle, nor does it clarify or overrule existing law. Such orders carry no precedential value for future cases involving land settlement representations or governmental directions. Summary Category […]

LawSikho
October 30, 2025
4 Mins Read
84 Views
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Does Loss of Only Agricultural Land (Not Homestead) Entitle Married Daughters to Employment Under the Odisha R&R Policy, 2006? Orissa High Court Reaffirms Precedent on Applicability and Cut-off Dates for Rehabilitation Benefits

The Orissa High Court held that acquisition of solely agricultural land, without the acquisition of homestead land, does not confer a right to employment under the Odisha Resettlement and Rehabilitation Policy, 2006, for married daughters. The Court upheld the implementation of cut-off dates, reaffirming established interpretation, and clarified the evidentiary requirements for such claims. This […]

LawSikho
October 30, 2025
5 Mins Read
78 Views
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When Can Conviction Under SC & ST (Prevention of Atrocities) Act, Section 3(1)(x) and IPC Section 323 Be Set Aside for Insufficient Proof?

Court clarifies the necessity of explicit caste-based abuse in evidence, and the imperative to place all incriminating material before the accused during Section 313 CrPC examination. Prior convictions under Section 3(1)(x) SC & ST (PoA) Act and Section 323 IPC may not be sustained where versions differ, are improvised, or the foundational facts are omitted […]

LawSikho
October 30, 2025
4 Mins Read
60 Views
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Does Completion of Over Ten Years of Continuous Service by Contract/Temporary Employees Entitle Them to Consideration for Regularisation Pending Cabinet Approval?

The Uttarakhand High Court reiterated that contract employees with over a decade of continuous service on sanctioned posts must have their claims for regularisation examined in accordance with prevailing rules, directing the competent authority to decide such representation within a set timeframe. The Court did not overrule any precedent but aligned with prior Division Bench […]

LawSikho
October 30, 2025
2 Mins Read
94 Views
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Does the Dismissal of a First Appeal for Default Establish New Precedent or Clarify Existing Jurisprudence on Dismissals for Non-Prosecution?

The High Court of Uttarakhand dismissed a first appeal for want of prosecution, with no appearance from either party, reaffirming existing procedure; no new substantive law or binding precedent was established. The decision serves as a procedural clarification, not as a case with substantial precedential value. Summary Category Data Case Name FA/16/2023 of MEENA […]

LawSikho
October 30, 2025
6 Mins Read
64 Views
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Can an Insurer Be Directed to Pay Penalty Under the Employee’s Compensation Act? Himachal Pradesh High Court Clarifies Precedent and Limits Liability

The Himachal Pradesh High Court reaffirms that while insurers are liable to pay compensation and statutory interest under the Employee’s Compensation Act, they are not liable to pay penalties; upholds settled law as governing precedent for all subordinate courts in the state in motor accident compensation claims involving employees. Summary Category Data Case Name […]

LawSikho
October 30, 2025
4 Mins Read
64 Views
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Does Outsourced Service Count Toward Regularization in Government Employment? Madras High Court Reaffirms Umadevi Precedent

The Madras High Court has dismissed claims for regularization by outsourced employees with less than 10 years’ continuous service, reaffirming the binding precedent set in Umadevi (2006). The decision confirms that such employees do not have a vested right to regularization, unless they fall within the exceptions carved out in Supreme Court judgments. This serves […]