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

LawSikho
October 29, 2025
5 Mins Read
88 Views
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Do Delay in Trial or Right to Speedy Trial Surmount the Rigours of Section 37 NDPS Act When Commercial Quantity is Recovered? Clarification on Bail Principles under Special Statutes

The Himachal Pradesh High Court reaffirms that in commercial quantity NDPS Act cases, bail cannot be granted without strict compliance with the twin conditions of Section 37, regardless of asserted trial delays or alleged violation of the right to speedy trial—unless delay is sufficiently established. The ruling upholds existing Supreme Court precedent and serves as […]

LawSikho
October 29, 2025
3 Mins Read
82 Views
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Does a High Court’s Dismissal of a Second Appeal for Non-Prosecution Establish Any Legal Precedent or Bind Subordinate Courts Under Section 100 of the CPC?

A High Court’s summary dismissal of a second appeal solely for non-prosecution, without adjudicating any legal question or issue under Section 100 of the Civil Procedure Code, does not lay down a new legal principle or precedent. This dismissal is procedural and does not affect underlying substantive law or established precedent, and such orders have […]

LawSikho
October 29, 2025
5 Mins Read
84 Views
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Can Bail Be Denied to a Juvenile in Cases of Serious Offences Under the JJ Act? Orissa High Court Reaffirms That Bail is the Rule and Detention the Exception

Orissa High Court clarifies that even in cases of serious offences including those under POCSO and IT Act, bail to a Child in Conflict with Law (CICL) is the norm unless specific statutory exceptions apply. The prior orders denying bail were set aside, robustly reaffirming settled precedent—useful as binding authority within jurisdiction for future bail […]

LawSikho
October 29, 2025
4 Mins Read
90 Views
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Can an Unrecognized Educational Institution Use the Term ‘Madarsa’ and Operate Pending Registration?—High Court of Uttarakhand Upholds Regulatory Restrictions

The High Court of Uttarakhand affirms that unrecognized institutions cannot use the term ‘Madarsa’ or operate as a madarsa until obtaining registration with the Uttarakhand Madarsa Education Board; binding precedent for similar cases involving the operation and nomenclature of educational institutions without proper recognition. Summary Category Data Case Name WPMS/2884/2025 of MADARSA KASMIYA DAWAT […]

LawSikho
October 29, 2025
5 Mins Read
80 Views
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Can Courts Modify Sentences Under Section 304-A IPC by Applying Probation of Offenders Act and Awarding Compensation?

The Calcutta High Court, affirming Supreme Court precedent, held that while the Probation of Offenders Act is generally not applicable to offences under Sections 279/304-A IPC, exceptional circumstances—such as significant passage of time and absence of criminal antecedents—may warrant substitution of imprisonment with compensation. This judgment narrows the absolute bar, modifies the sentence, and sets […]

LawSikho
October 29, 2025
5 Mins Read
56 Views
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Does Withdrawal of an Administrative Office Order Restore Withdrawn Service Benefits Automatically for Affected Employees? — Himachal Pradesh High Court Reaffirms Precedent and Clarifies Restorative Directions

The Himachal Pradesh High Court held that once an office order withdrawing previously granted service benefits is itself withdrawn, all such service benefits must be restored to all affected employees on the same terms, reaffirming that prior judicial orders and analogies continue to govern. The decision upholds established precedent, applies to employees subject to similar […]

LawSikho
October 29, 2025
3 Mins Read
84 Views
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Upholding the Doctrine of Infructuous Petitions — Calcutta High Court Reaffirms Existing Practice; Binding Authority for Similar Procedural Scenarios

A writ petition was dismissed as infructuous when the statutory authority passed an order under Section 10(4) of the West Bengal Highways Act, 1964, covering the relief sought. The judgment reaffirms the long-standing judicial principle that writ petitions may be rendered infructuous due to subsequent statutory developments. This decision is binding precedent for procedural outcomes […]

LawSikho
October 29, 2025
4 Mins Read
70 Views
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Can Eligible Candidates Excluded Without Reason from an Earlier Selection List Seek Appointment in Government Service? — Calcutta High Court Reaffirms Judicial Review over Arbitrary Selection in ICDS Engagement Process

The Calcutta High Court has reaffirmed that when eligible candidates from the first list for Anganwadi Worker and Helper posts are excluded without any justifiable reason, such exclusion can be corrected by the High Court under judicial review—even if subsequent candidates from a later list have already been appointed, provided there is no allegation against […]

LawSikho
October 29, 2025
4 Mins Read
88 Views
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Does Administrative Discretion Allow “Pick and Choose” in Government Appointments Without Stated Reasons? — Calcutta High Court Reaffirms Duty of Equal Consideration for Eligible Candidates

The Calcutta High Court has reaffirmed that administrative authorities must provide clear reasons when recommending some eligible candidates for appointment over others from an approved list. Reiterating precedent, the judgment holds that, in the absence of reasons for selective recommendation, courts may intervene to ensure fairness and transparency. This decision is binding on all subordinate […]

LawSikho
October 29, 2025
5 Mins Read
70 Views
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Does Withdrawal of a Departmental Office Order Revoking Service Benefits Require Mandatory Restoration of Benefits to Affected Employees When Precedent is Affirmed?

The High Court of Himachal Pradesh has directed restoration of withdrawn service benefits following the withdrawal of an impugned departmental order and reaffirmation of prior court judgments. The decision affirms established precedent regarding the implementation of prior analogical judgments and clarifies compliance obligations for the Government and its departments, serving as binding authority for all […]

LawSikho
October 29, 2025
4 Mins Read
83 Views
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Does Section 12 of the Juvenile Justice Act Mandate Bail for Child in Conflict with Law Even in Grave Offences Unless Specific Statutory Exceptions are Established?

The Court reaffirmed that under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, bail is the norm and detention an exception for children in conflict with law—even in serious alleged offences—unless refusal is justified by statutorily specified grounds. The judgment upholds binding precedent and provides guiding authority for all courts […]

LawSikho
October 29, 2025
3 Mins Read
96 Views
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Does Operation of a Pre-Existing Business Exempt It from Coastal Regulation Zone (CRZ) Licensing Restrictions? Calcutta High Court Upholds CRZ Rules as Binding on Excise Licence Applications

The Calcutta High Court has reaffirmed that a business’s prior operation does not exempt it from compliance with CRZ restrictions when applying for an Excise licence. The judgment upholds the primacy of statutory environmental protections and is binding precedent for subordinate courts in West Bengal. Summary Category Data Case Name WPA/23928/2024 of MILI MONDAL […]