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

LawSikho
October 25, 2025
5 Mins Read
88 Views
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Can a Major Woman Choose Her Place of Residence Post-Marriage Despite Parental Objection? — Upholding Right to Personal Liberty under Article 21, as Binding Authority in Habeas Corpus Petitions

A Division Bench of the Uttarakhand High Court affirms that a woman who is legally an adult has the right to reside with her spouse if she so wishes, irrespective of parental consent or knowledge of marriage, thereby upholding established precedent and reinforcing the right of a major to personal liberty and autonomy. This judgment […]

LawSikho
October 25, 2025
3 Mins Read
96 Views
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Can a Competent Authority Be Directed to Consider a Pending Compounding Application in Demolition Proceedings? — Reaffirmation of Procedural Fairness and Timely Decision-Making as Binding Authority

High Court reiterates that, when demolition is challenged and a compounding application is pending, the authority must consider such application within a specified timeline. This order upholds existing procedural law and acts as binding precedent for authorities and subordinate courts in urban planning matters. Summary Category Data Case Name WPMS/2203/2025 of SANJAY KUMAR Vs […]

LawSikho
October 25, 2025
5 Mins Read
78 Views
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Does Total Non-Compliance with Section 42 NDPS Act Vitiate Conviction Based on Sole Police Testimony?—Madras High Court Reaffirms Binding Law Requiring Strict Compliance

The Madras High Court held that strict compliance with Section 42 of the NDPS Act is mandatory, and total non-compliance is impermissible—even when a sole police witness testifies against the accused. The decision affirms established Supreme Court precedents and is binding on all subordinate courts handling NDPS cases. Summary Category Data Case Name CRL […]

LawSikho
October 24, 2025
4 Mins Read
74 Views
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Can Railway Accident Compensation Claims Be Denied Solely for Want of Ticket or Eyewitness? Jharkhand High Court Affirms Documentary Evidence Suffices

The High Court of Jharkhand held that documentary evidence such as inquest and postmortem reports indicating accidental death from a train suffices to prove a claim under the Railway Claims Tribunal Act, even if the claimant cannot produce a ticket or eyewitness. This judgment upholds and clarifies existing Supreme Court precedent, providing binding authority within […]

LawSikho
October 24, 2025
4 Mins Read
80 Views
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Can a Major Woman Choose to Reside with the Person of Her Choice Irrespective of Parental Objection? — Upholding the Right to Personal Liberty in Habeas Corpus Petitions

The Uttarakhand High Court reaffirms that a major woman’s unequivocal wish to reside with the person of her choice must be respected, irrespective of her parents’ objections. The decision, consistent with established legal precedent, strengthens the protection of adult individuals’ rights in family and matrimonial contexts and serves as binding authority for subordinate courts handling […]

LawSikho
October 24, 2025
6 Mins Read
80 Views
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Does Total Non-Compliance with Section 42 NDPS Act Render Search and Seizure Illegal Even When Contraband Recovery Is Alleged from Accused? — Precedential Clarification by Madras High Court

The Madras High Court reaffirmed that total non-compliance with Section 42 of the NDPS Act is impermissible, even for searches involving private vehicles and individual possession; mere formalities do not suffice—strict compliance is mandatory as per Supreme Court precedent, and convictions based solely on tainted or uncorroborated police evidence cannot be sustained. This judgment upholds […]

LawSikho
October 24, 2025
4 Mins Read
82 Views
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Can a Government Employee Be Transferred Before Completing Normal Tenure Solely on the Basis of a DO Note? — Himachal Pradesh High Court Reaffirms Procedural Safeguards Against Arbitrary Transfers

The High Court of Himachal Pradesh has held that transferring a government employee before completing the minimum tenure at a posting, solely on the basis of a DO note and without refuting the employee’s grounds or complying with transfer guidelines (such as those regarding couple postings), is impermissible. This judgment affirms existing principles and serves […]

LawSikho
October 24, 2025
5 Mins Read
74 Views
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Can the State Withhold Transfer of a Government Employee from Hard/Tribal to Soft Area Beyond Prescribed Tenure Solely Due to Non-Availability of a Substitute/Reliever? – Precedent Clarified and Policy Application Explained

The Himachal Pradesh High Court authoritatively clarifies that once a government employee has completed the prescribed tenure in a hard/tribal area as per transfer policy, the right to transfer out cannot be restricted on the ground of lack of a substitute or reliever; it is the obligation of the State to ensure adequate staffing. This […]

LawSikho
October 24, 2025
2 Mins Read
88 Views
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Can a Writ Petition Seeking FIR Registration Be Maintained After the Offence Has Been Registered? Clarification on Maintainability and Abatement of Purpose in Criminal Writ Petitions

Once the relief sought for FIR registration is fulfilled and the petitioner is unrepresented, a writ petition is liable to be dismissed as not prosecuted. This judgment reaffirms existing precedent regarding maintainability, with binding value for subordinate courts and persuasive authority elsewhere. Summary Category Data Case Name WP/812/2021 of MS. SUJATA D/O NAMDEO MASRAM […]

LawSikho
October 24, 2025
5 Mins Read
80 Views
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Can Repeated, Delayed Challenges to a Voluntary Separation Scheme Be Entertained Under Writ Jurisdiction?

The High Court, affirming settled precedent, dismissed an appeal challenging a 2000 Voluntary Separation Scheme (VSS) on grounds of inordinate and unexplained delay, noting that unconditional withdrawal of an earlier writ foreclosed further challenges. The Court emphasized that repeated petitions amount to abuse of process, reinforcing binding principles on delay, laches, and locus standi in […]

LawSikho
October 24, 2025
6 Mins Read
106 Views
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Is Repeated Challenge to a Voluntary Separation Scheme Permitted After Unconditional Withdrawal and Long Delay?

The High Court of Gujarat reaffirmed that after unconditional withdrawal of earlier writ petitions and substantial, unexplained delay, subsequent challenges to Voluntary Separation Schemes (VSS) will not be entertained. The court clarified that lack of locus standi and repetitive litigation constitute abuse of process. This decision follows and strengthens established law on delay and re-litigation, […]

LawSikho
October 24, 2025
4 Mins Read
68 Views
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Is a Public Employee Entitled to Reconsideration for Transfer Against Anticipated Vacancies Due to Retirement?

The Himachal Pradesh High Court clarified that when a government employee’s transfer request is earlier rejected due to non-availability of vacancies, but vacancies are anticipated due to imminent retirements, the competent authority must reconsider the transfer application against such vacancies. This holding upholds procedural fairness and refines existing precedent for public servants seeking transfer. The […]