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

LawSikho
October 30, 2025
4 Mins Read
80 Views
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Can an Acquittal Under Section 302 IPC Be Reversed on Appeal When the Only Recovered Weapon Lacks Forensic Evidence Linking It to the Crime? — Existing Precedent Reaffirmed by the Chhattisgarh High Court

The Chhattisgarh High Court has reaffirmed that, in the absence of cogent and reliable evidence—especially when the alleged murder weapon recovered from the accused does not bear any human bloodstains as per FSL report—acquittal by the trial court under Section 302 IPC does not warrant interference on appeal. The judgment upholds settled principles on the […]

LawSikho
October 30, 2025
3 Mins Read
66 Views
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Does a Hostile Victim Testimony Bar Regular Bail When Core Accusations are Reiterated During Examination-in-Chief? – Chhattisgarh High Court Reaffirms Stringent Bail Approach in Grave Offences

The High Court, interpreting Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, held that even if a victim is declared hostile, where she reaffirms core prosecution allegations in examination-in-chief and cross-examination, bail should not be granted in grave offences (including under Section 6 POCSO Act). This decision adheres strictly to established precedent and is […]

LawSikho
October 30, 2025
6 Mins Read
92 Views
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Does the Sole Testimony of a Minor Victim Suffice for Conviction under POCSO Act? Clarification of Presumptions and Evidentiary Threshold under Section 29

Gauhati High Court reiterates that the sole, credible testimony of a minor victim—supported by reliable documentary evidence of age and medical corroboration—is sufficient for conviction under Section 376 IPC read with POCSO Act. The judgment upholds existing precedent, emphasizes the statutory presumption under Section 29 of POCSO, and affirms that minimal procedural delays or minor […]

LawSikho
October 30, 2025
5 Mins Read
108 Views
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Is an Outsourced Employee Entitled to an Enquiry Before Stigmatic Termination by the Engaging Authority?

The Andhra Pradesh High Court has ruled that even outsourced employees, engaged through intermediary agencies but working under the direct control and supervision of the employer, cannot be terminated on stigmatic grounds without a fair enquiry. This judgment reaffirms and clarifies the law, upholding existing precedent, and holds strong binding value for subordinate courts, particularly […]

LawSikho
October 30, 2025
6 Mins Read
62 Views
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Does Mere Social or Moral Pressure from Panchayats or Villagers, Absent Direct Instigation, Amount to Abetment of Suicide under Sections 306/107 IPC?

The High Court of Chhattisgarh has reaffirmed that to constitute abetment of suicide under Section 306 IPC, direct or proximate instigation or active facilitation by the accused must be proved; mere social or moral pressure, such as community-induced undertakings or public shaming, without clear evidence of intention to provoke suicide, does not satisfy Section 107 […]

LawSikho
October 30, 2025
2 Mins Read
96 Views
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Does Non-Compliance With Non-Bailable Warrant Procedures Impact the Legality of Appellate Hearings? Upholding Existing Procedural Precedent; Clarifies Duty to Ensure Accused’s Presence at Appeal Under CrPC — Binding on Lower Courts

The High Court reaffirms that compliance with non-bailable warrant procedures under the Code of Criminal Procedure is essential before hearing a criminal appeal in the accused’s absence, but does not create new law or overrule prior precedent; the ruling confirms existing practice in criminal appellate procedure, and serves as binding authority for all subordinate courts […]

LawSikho
October 30, 2025
3 Mins Read
86 Views
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Does Mere Allegation of Contributory Negligence Without Supporting Evidence Defeat a Compensation Claim under the Motor Vehicles Act? — Upheld Principle in Absence of Evidence, Binding on Chhattisgarh Courts

The Chhattisgarh High Court reiterates that unless the insurer produces concrete evidence of contributory negligence, the liability to pay compensation cannot be reduced; existing precedent on evidentiary burden affirmed — binding precedent for Motor Accident Claims in Chhattisgarh. Summary Category Data Case Name MAC/741/2022 of BRANCH MANAGER THE ORIENTAL INSURANCE COMPANY LIMITED Vs SON […]

LawSikho
October 30, 2025
4 Mins Read
82 Views
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Does the Minimum Wage Notification Govern Assessment of Monthly Income for Deceased Skilled Labourers in Motor Accident Appeals? – Precedent Upheld and Practical Implications

The Chhattisgarh High Court reaffirmed that the computation of monthly income for a deceased skilled labourer in motor accident compensation appeals must be based on prevailing minimum wage notifications, even if a lower figure was adopted by the Tribunal. This judgment applies established Supreme Court precedents (Pranay Sethi, Sarla Verma, Magma General) and clarifies compensation […]

LawSikho
October 30, 2025
3 Mins Read
70 Views
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Does Dismissal of a Second Appeal for Want of Prosecution Create Binding Precedent on Substantive Legal Issues?

A High Court clarified that a second appeal dismissed for want of prosecution under Order XLI Rule 17 CPC does not lay down binding law or constitute a pronouncement on the underlying legal issues; such summary dismissals are not precedents for the merits of the case. This reaffirms settled procedural principles and serves as procedural […]

LawSikho
October 29, 2025
7 Mins Read
98 Views
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Can an Objection by an Executor Under an Unprobated Will Be Maintained Under Order XXI Rules 97-101 CPC Prior to Actual Dispossession? — Calcutta High Court Clarifies Scope and Locus Standi of Third-Party Objectors

The Calcutta High Court holds that an executor under an unprobated will, even before actual dispossession, has locus standi to object to execution proceedings under Order XXI Rules 97-101 CPC. The Court distinguishes the powers under Sections 211 and 213 of the Indian Succession Act, clarifies the operation of survivorship under different schools of Hindu […]

LawSikho
October 29, 2025
7 Mins Read
84 Views
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Can an Executor or Legatee Under an Unprobated Will Maintain Objections Against Execution Proceedings Prior to Dispossession? Clarification and Reaffirmation of Law by Calcutta High Court (Binding Precedent)

The Calcutta High Court clarifies that an executor or legatee under an unprobated Will has locus standi to object to execution of a decree under Order XXI Rules 97 to 101 CPC, even before actual dispossession, especially in the context of Dayabhaga succession; the decision reaffirms and explains the scheme of the CPC and Succession […]

LawSikho
October 29, 2025
4 Mins Read
88 Views
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Does Withdrawal of a Government Order Affecting Service Benefits Restore Status Quo Ante for Employees When Subsequently Withdrawn?

The High Court of Himachal Pradesh held that, consequent to the withdrawal of an office order that denied or withdrew service benefits from government employees, authorities must restore such benefits in accordance with prior judicial directions. This judgment applies the established precedent from earlier decisions, ensures compliance by the executive, and has binding effect on […]