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

LawSikho
October 29, 2025
4 Mins Read
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When Is the High Court’s Writ Jurisdiction Ousted in Favour of the West Bengal Land Reforms and Tenancy Tribunal? Binding Clarification on Maintainability Under the 1997 Act

The Calcutta High Court unequivocally affirmed that disputes concerning inaction or culpable negligence by authorities under specified Acts—including the West Bengal Land Reforms Act, 1955—must be brought exclusively before the West Bengal Land Reforms and Tenancy Tribunal, not the High Court. This judgment upholds the statutory jurisdictional bar and has binding authority for future maintainability […]

LawSikho
October 29, 2025
3 Mins Read
102 Views
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Is a Writ Petition Maintainable Against Mutation of Land Records When an Alternative Remedy Exists Before the West Bengal Land Reforms and Tenancy Tribunal?

The Calcutta High Court reaffirmed that writ jurisdiction cannot be invoked to challenge entries in the record of rights based on alleged forgery of sale deeds when an efficacious remedy before the West Bengal Land Reforms and Tenancy Tribunal is available. This decision upholds established precedent and serves as binding authority on the non-maintainability of […]

LawSikho
October 29, 2025
3 Mins Read
64 Views
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Can Quashing of Non-Compoundable Offences Under IPC Sections 147, 148, 149, 323, and 506 Be Permitted When Parties Settle?

The Uttarakhand High Court affirms that, where parties have amicably settled private disputes involving sections 147, 148, 149, 323, and 506 of the Indian Penal Code, the High Court may use its discretion under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash pending criminal proceedings, even if the offences are otherwise non-compoundable. […]

LawSikho
October 29, 2025
2 Mins Read
96 Views
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Can a High Court Dismiss a Writ Petition for Default Due to Non-Appearance of Petitioners Without Deciding the Merits?

Where petitioners are absent and seek no accommodation, the court may dismiss a writ petition for default, vacating any interim orders. This judgment reaffirms established procedural law for non-appearance in writ matters before the Calcutta High Court and is binding precedent for subordinate courts. Summary Category Data Case Name WPA/18313/2021 of SUBHADIP KARMAKAR AND […]

LawSikho
October 29, 2025
5 Mins Read
74 Views
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Can Conviction Under Section 498-A IPC Be Sustained Where Material Inconsistencies and Delay Cast Doubt on Prosecution’s Case?

The court held that where the prosecution case under Section 498-A IPC is riddled with glaring discrepancies, unexplained delays, and unsubstantiated allegations, conviction cannot be sustained. This judgment upholds and applies existing Supreme Court guidance on the need for clear, credible evidence in matrimonial cruelty cases, reaffirming the importance of strict evidentiary scrutiny for all […]

LawSikho
October 29, 2025
4 Mins Read
60 Views
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When Does the High Court Intervene for Police Inaction in Registering FIRs? Upholding Precedent and Directions for Senior Citizens’ Protection

The Calcutta High Court reaffirms that where a cognizable offence is disclosed, the police are obligated to register an FIR and proceed with investigation; courts may direct investigation and permit aggrieved senior citizens to seek relief before appropriate forums. This judgment upholds existing precedent and offers binding authority for ensuring police compliance and protection of […]

LawSikho
October 29, 2025
2 Mins Read
62 Views
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When Is a Civil Revision Petition Dismissed for Default Due to Non-appearance?

High Court holds that persistent absence of the petitioner justifies dismissal for default; upholds established procedural practice. This decision stands as binding authority for subordinate courts handling similar procedural defaults in civil revision matters. Summary Category Data Case Name CR/2828/2025 of BHARAT SINGH Vs GRAM PANCHAYAT, VILLAGE-PAPLOTHA AND OTHERS CNR PHHC010729642025 Date of Registration […]

LawSikho
October 29, 2025
3 Mins Read
74 Views
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Can a Second Appeal Under Section 100 CPC Be Disposed Based on a Compromise Memo? — Clarification on Acceptance of Compromise and Procedural Directions by High Courts

The Madras High Court has affirmed that a second appeal can be disposed of when parties enter into a valid compromise, provided the compromise is not contrary to law or public policy. The judgment provides procedural facilitation for withdrawal of deposited amounts and clarifies courts’ discretion on evidence requirements for withdrawal applications. This ruling upholds […]

LawSikho
October 29, 2025
2 Mins Read
82 Views
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What is the Precedential Effect of Withdrawal of a Writ Petition Dismissed as Withdrawn With Liberty to File Afresh?

The court established that dismissal of a writ petition as withdrawn, especially with liberty to file afresh, is not a determination on merits and carries no binding effect. This reaffirms long-standing procedural law and has only limited, routine procedural utility. Summary Category Data Case Name WPMS/2863/2025 of DR GAUTAMVEER Vs UTTARAKHAND INFORMATION COMMISSION CNR […]

LawSikho
October 29, 2025
4 Mins Read
96 Views
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Can Allegations of Illegal Police Detention Be Entertained in Writ Jurisdiction Without Sufficient Pleadings and Verification Under the Calcutta High Court?

The Calcutta High Court reaffirmed that allegations of illegal detention must be supported by clear, verified pleadings; otherwise, writ relief may be denied and the petitioner directed to approach the appropriate Magistrate. The Court followed existing procedural principles, confirming that mere assertions without proper verification or evidence cannot be the basis for extraordinary writ relief, […]

LawSikho
October 29, 2025
3 Mins Read
72 Views
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Can an Excise Licence Be Granted for Business Operations in a Disputed Coastal Regulation Zone Area When Supporting Documentation Is Not Produced?

The Calcutta High Court has reaffirmed that absence of proper documentation proving regulatory compliance — particularly with respect to Coastal Regulation Zone (CRZ) restrictions — precludes judicial intervention for grant of excise licences. This decision upholds prior administrative practices and serves as binding authority within the jurisdiction for licensing disputes involving restricted zones. Summary […]

LawSikho
October 29, 2025
3 Mins Read
82 Views
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Does Non-Compliance With Conditional Orders in a Writ Appeal Justify Dismissal for Default and Non-Prosecution?

The Karnataka High Court confirmed that non-compliance with prior conditional orders—specifically, failure to deposit costs—and absence of the appellant justify dismissal of a writ appeal for default and non-prosecution. This ruling affirms established procedural precedent, providing clear authority to subordinate courts in similar circumstances within Karnataka, especially in employment and service law matters. Summary […]