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

LawSikho
October 25, 2025
2 Mins Read
92 Views
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What Is the Effect on Pending Writ Petitions When the Petitioner Passes Away? – No Change in Legal Principle, Binding for Practice on Withdrawal of Petitions

A writ petition becomes infructuous and is dismissed as withdrawn if the sole petitioner dies before adjudication and withdrawal is sought. The judgment upholds settled practice, carries binding value on lower courts, and clarifies no new law but restates existing procedure for similar instances in service and writ matters. Summary Category Data Case Name […]

LawSikho
October 25, 2025
4 Mins Read
84 Views
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Does an Admission by a Public Corporation of Adopted Pension Revision Create a Binding Obligation to Release Pension Arrears to Employees?

Where a public corporation admits to the adoption of government pension revision notifications, courts may direct implementation and disbursement of arrears within a fixed timeframe. This judgment reaffirms, not overrules, existing precedent—clarifying that administrative admission coupled with admitted entitlement justifies immediate judicial direction, establishing a strong precedent for similar cases involving public sector pensioners. […]

LawSikho
October 25, 2025
3 Mins Read
74 Views
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Does an Admitted Liability for Pension Revision Mandate a Writ for Enforcement Without Further Reply?

Where the employer (HRTC) admits liability to release revised pension/family pension as per a State Notification, the High Court directs payment without calling for further reply, emphasizing efficiency when facts are undisputed. This judgment upholds existing administrative law principles and is binding on subordinate courts in Himachal Pradesh dealing with admitted service benefit claims. […]

LawSikho
October 25, 2025
3 Mins Read
66 Views
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Does Non-Repayment of a Secured Loan Disentitle Defaulters from Equity Against Auction of Mortgaged Property? – Binding Precedent on Judicial Indulgence for Chronic Default

The Himachal Pradesh High Court, reaffirming established precedent, has held that when a borrower or their successor has not repaid any portion of an availed loan for an extended period, the Court will not grant relief against the creditor’s public auction of the mortgaged property. The decision is binding on subordinate courts and clarifies the […]

LawSikho
October 25, 2025
4 Mins Read
68 Views
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Does the Right of Persons with Disabilities Act Mandate Timely Construction of Public Infrastructure to Ensure Accessibility for Persons with Disabilities? – Precedent Value of Directions Issued by the High Court

The Himachal Pradesh High Court affirms that under Sections 3 and 16 of the Right of Persons With Disabilities Act, 2016, public authorities are obligated to provide accessible infrastructure such as roads for persons with disabilities. This decision upholds the enforceability of statutory rights under the Act and directs time-bound action, reinforcing existing obligations rather […]

LawSikho
October 25, 2025
4 Mins Read
82 Views
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Is the State Mandated to Ensure Accessible Infrastructure for Persons with Disabilities under the Right of Persons with Disabilities Act, 2016?

The High Court expressly directs State authorities to provide barrier-free infrastructure as required by Sections 3 and 16 of the Right of Persons with Disabilities Act, 2016. This decision upholds the statutory right of individuals with disabilities to accessible public facilities and reaffirms the binding nature of these duties for all State functionaries in Himachal […]

LawSikho
October 25, 2025
3 Mins Read
94 Views
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Can Liberty to Move for Bail on the Strength of Supreme Court Precedent Be Reserved Upon Withdrawal of Anticipatory Bail Applications Before the High Court?

The Jharkhand High Court affirmed that a petitioner may withdraw an anticipatory bail application with express liberty to approach the lower court by relying on Supreme Court judgments such as Satender Kumar Antil v. CBI. This procedural practice is recognized and does not alter existing precedent, maintaining clarity for both criminal law practitioners and subordinate […]

LawSikho
October 25, 2025
4 Mins Read
82 Views
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Does a Magistrate Have to Record Evidence under Section 138 CrPC When No Conditional Order Has Been Made under Section 133(1)?

The High Court of Jharkhand held that unless a Magistrate issues a conditional order under Section 133(1) CrPC, there is no requirement to proceed under Sections 137 or 138, including taking evidence as in a summons case. This judgment reaffirms and elucidates the procedural framework for public nuisance orders, clarifying common misapplications, and stands as […]

LawSikho
October 25, 2025
5 Mins Read
98 Views
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When Can Appellate Courts Interfere with Convictions Based on Doubtful Evidence in Attempt to Murder Cases?

The Jharkhand High Court allowed appeals and set aside convictions under Section 307 IPC and Section 27 Arms Act, holding that in the presence of material contradictions, unreliable identification due to darkness, absence of corroborative medical and forensic evidence, and unproven roles of accused, courts must acquit if reasonable doubt exists. The judgment upholds established […]

LawSikho
October 25, 2025
5 Mins Read
62 Views
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Is a Detailed Reasoned ‘Speaking Order’ Mandatory When an Administrative Authority Relies on and Endorses Earlier Layered Reasoning by Subordinate Officers? — Precedent Upheld on Sufficiency of Brief Rejection with Evident Consideration

The Bombay High Court reaffirms that when objections regarding electoral circle formations are considered at multiple administrative levels, and reasons by subordinate officers are explicitly recorded and endorsed, a brief order by the final authority referencing agreement is sufficient; a detailed ‘speaking order’ is not separately required. This judgment upholds precedent on sufficiency of reasoning […]

LawSikho
October 25, 2025
5 Mins Read
86 Views
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Does Section 166(2) of the Motor Vehicles Act Permit Filing of Motor Accident Claims Where the Insurance Company Has a Branch—Even if the Accident or Claimant’s Residence Is Elsewhere? (Precedent Affirmed)

The Uttarakhand High Court reaffirms that claim petitions under Section 166(2) of the Motor Vehicles Act, 1988 can be initiated where the insurance company’s branch operates, not only at the location of the accident or claimant’s residence. The judgment relies on Supreme Court precedent, clarifies jurisdictional flexibility in motor accident claims, and serves as binding […]

LawSikho
October 25, 2025
2 Mins Read
86 Views
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What is the Effect When a Writ Petition is Dismissed for Non-Prosecution?

A High Court judgment reaffirms that a writ petition may be dismissed for non-prosecution if the petitioner or their counsel fails to appear or provide instructions. The order reaffirms established precedent and is binding for subordinate courts within the jurisdiction, clarifying the consequence of non-prosecution in writ proceedings. Summary Category Data Case Name WPMS/3000/2013 […]