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

LawSikho
October 29, 2025
2 Mins Read
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Does Dismissal for Non-Prosecution of a Writ Petition Constitute a Decision on Merits or Affect Precedent Value? No new legal principle enunciated; reaffirmation of settled procedure regarding dismissal for non-prosecution; order not binding authority on substantive legal issues.

A writ petition was dismissed by the High Court due to repeated non-appearance of the petitioner, with no adjudication on merits. The judgment reaffirms that such dismissals do not have precedential value on substantive legal questions, and cannot be cited as binding authority for future cases. Summary Category Data Case Name WP(C)/987/2024 of MUZAFFAR […]

LawSikho
October 29, 2025
2 Mins Read
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What is the Precedential Value When a Writ Petition is Dismissed for Default Without Adjudication?

A writ petition dismissed by the High Court due to non-appearance of the petitioner, without any adjudication on merits, does not constitute binding or persuasive authority on the legal questions raised therein. Such dismissal follows established precedent and holds no precedential value for future cases in West Bengal or other jurisdictions. Summary Category Data […]

LawSikho
October 29, 2025
5 Mins Read
72 Views
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Does Withdrawal of Government Office Orders Impact Service Benefits Previously Withheld under New Legislation?

The High Court of Himachal Pradesh directed authorities to restore service benefits previously withdrawn through an office order, following withdrawal of that order and clarification from the State; the Court reaffirmed adherence to prior judicial decisions (notably on the analogy of CWP No. 414/2014 and LPA No. 54/2013), confirming binding precedent for service benefits vis-a-vis […]

LawSikho
October 29, 2025
5 Mins Read
78 Views
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Does Withdrawal of an Administrative Order That Rescinds Prior Service Benefits Necessitate Restoration of Those Benefits to Affected Employees? — Himachal Pradesh High Court Clarifies Precedent Value and State’s Duty to Comply

The Himachal Pradesh High Court holds that upon formal withdrawal of an administrative order retracting government employees’ service benefits, authorities must immediately restore such benefits to those affected, following existing judicial analogies and prior department orders. This judgment aligns with and upholds previously set precedent regarding the implementation of service benefits, confirming binding authority for […]

LawSikho
October 29, 2025
4 Mins Read
86 Views
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Can Writ Jurisdiction Interfere in Contractual Disputes Related to Public Authority Supply Deadlines? – Calcutta High Court Reaffirms Limits on Judicial Review

The Calcutta High Court has held that exercise of writ jurisdiction is improper in the realm of contractual disputes over supply deadlines and extensions in government contracts, unless there is a violation of constitutional provisions or palpable illegality. This judgment upholds established Supreme Court precedent, particularly in the context of contracts with public authorities, and […]

LawSikho
October 29, 2025
4 Mins Read
54 Views
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Can a Writ of Quo Warranto Be Issued to Challenge Transfer Orders in Service Matters? Calcutta High Court Affirms Non-Maintainability of Such PILs

The Calcutta High Court reaffirmed that writs of quo warranto cannot be used to challenge transfer or posting orders in service matters, and further emphasized the non-maintainability of Public Interest Litigations (PILs) in service-related disputes. This decision upholds existing precedent and serves as binding authority for similar cases within the jurisdiction. Summary Category Data […]

LawSikho
October 29, 2025
3 Mins Read
86 Views
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Can a Matrimonial Appeal Be Disposed of Solely on the Basis of a Mediation Settlement Under Section 19(1) of the Family Courts Act?

The Chhattisgarh High Court confirms that an appeal arising under Section 19(1) of the Family Courts Act can be disposed of in terms of an amicable settlement reached at the court’s Mediation Centre. This judgment affirms precedent, reinforces the enforceability of mediated settlements, and serves as binding authority for all subordinate courts handling matrimonial appeals. […]

LawSikho
October 29, 2025
5 Mins Read
90 Views
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Can Courts Condone Delay in Appeal Under Section 29 of the Domestic Violence Act When the Applicant Fails to Comply With Interim Directions? Upholding Requirement of Bona Fides as a Precondition for Relief

The Gauhati High Court reaffirmed that condonation of delay under Section 29 of the Protection of Women from Domestic Violence Act, 2005 is subject to demonstration of bona fide conduct and compliance with interim court directions. The Court upheld existing precedent, clarifying that failure to fulfill such conditions disentitles the applicant from relief. This decision […]

LawSikho
October 29, 2025
5 Mins Read
96 Views
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What Is The Appropriate Notional Income Assessment In Motor Accident Claims When Documentary Proof of Earnings Is Lacking? — Precedential Guidance From The Gauhati High Court Following Supreme Court Standards

Clarifying the determination of notional income in the absence of documentary evidence, the Gauhati High Court applies and follows Supreme Court precedent (Rani & ors. v. National Insurance Co. Ltd., 2018), holding that a reasonable, evidence-based assessment—here fixed at Rs. 6,000/month by consensus—should be adopted. This ruling affirms and clarifies the applicable standard for motor […]

LawSikho
October 29, 2025
3 Mins Read
84 Views
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Does a Motor Accident Claims Appellate Court Have the Power to Enhance Compensation on Consensus Without Full Re-trial?

The Gauhati High Court clarifies that, in appeals under Section 173 of the Motor Vehicles Act, an appellate court can enhance compensation for different heads by consensus between parties, without remanding or requiring a full re-trial. This approach affirms the court’s discretion to adjust quantum when both counsel agree to admissible amounts. Sets a binding […]

LawSikho
October 29, 2025
5 Mins Read
102 Views
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Can a Complainant in a Section 138 NI Act Case Appeal Against Acquittal as a ‘Victim’ Under the Proviso to Section 372 CrPC Without Seeking Special Leave? — Chhattisgarh High Court Affirms New Supreme Court Precedent as Binding Authority

The Chhattisgarh High Court has recognized that a complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, qualifies as a ‘victim’ under Section 2(wa) CrPC and may prefer an appeal against acquittal solely under the proviso to Section 372 CrPC, without seeking special leave under Section 378(4) CrPC. This […]

LawSikho
October 29, 2025
6 Mins Read
98 Views
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Can Recruitment Rules for Eligibility Be Amended Midway? High Court Affirms Applicability of Amended Qualifications to Ongoing Selection Processes

The High Court reaffirmed that a State Government can amend eligibility criteria for public recruitment even after the issuance of an advertisement if no selection has been finalized. Such amendments, when made prior to the completion of the recruitment process, do not operate retrospectively or violate any vested rights of candidates. This judgment upholds existing […]