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

LawSikho
October 24, 2025
6 Mins Read
66 Views
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Does Absence of Privity of Contract Prevent a Statutory Authority from Enforcing Demurrage Liability Against a Third Party? – Orissa High Court Reaffirms Contract Law Doctrine as Binding Authority

Orissa High Court holds that a statutory port trust cannot enforce demurrage charges against a party who is not privy to its contract with the State, reaffirming the doctrine of privity of contract; liability for demurrage rests with the State where so acknowledged in prior proceedings. The judgment follows established precedent and is binding on […]

LawSikho
October 24, 2025
3 Mins Read
140 Views
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Can a Second Anticipatory Bail Petition Be Entertained Without Change in Circumstances? Patna High Court Upholds Supreme Court Precedent

The Patna High Court reaffirmed that a second anticipatory bail application is not maintainable in the absence of new grounds or changed circumstances, strictly following the precedent set by the Supreme Court in G.R. Ananda Babu v. State of Tamil Nadu (2021). This judgment solidifies the principle for all subordinate courts in criminal law matters […]

LawSikho
October 24, 2025
3 Mins Read
102 Views
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When and How Can Courts Dispose Appeals as Settled Out of Court

The court affirmed that, upon joint submission of a memo recording settlement out of court by both parties, an appeal can be disposed of accordingly. This ruling follows existing precedent and clarifies the authority and process for consent disposal. Relevant for all civil appeals before the court, the judgment serves as binding authority for similar […]

LawSikho
October 24, 2025
5 Mins Read
96 Views
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Can a Coparcener Alienate Joint Family Property Without Consent of Other Members? Bombay High Court Reaffirms Limits on Alienation and the Rights of Daughters (Binding Authority)

The Bombay High Court has clarified that, in partition suits, a single coparcener of a Hindu Joint Family cannot alienate joint family property without the consent of other coparceners, including daughters. The judgment upholds settled law that such alienation is only of the undivided share (if any), not the whole property. Unless legal necessity is […]

LawSikho
October 24, 2025
4 Mins Read
100 Views
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Can Criminal Proceedings Under Bhartiya Nyaya Sanhita Be Quashed Upon Settlement Despite Grievous Hurt?

The Uttarakhand High Court reaffirms that FIRs, including those involving allegations of grievous hurt under the Bhartiya Nyaya Sanhita (BNS), can be quashed if parties have genuinely settled their dispute and wish to restore harmony. The judgment applies binding Supreme Court precedent (Gian Singh v. State of Punjab) and provides clear authority for lawyers seeking […]

LawSikho
October 24, 2025
3 Mins Read
82 Views
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When Does a Writ Petition Become Infructuous After Pension Arrears Are Released? — Clarification of Mootness Doctrine and Redressal Completion in Pension Matters

The High Court clarified that once all admissible pension arrears are released and the petitioner’s grievance is redressed, the writ petition is rendered infructuous and stands disposed of; this affirms existing precedent and offers binding value in pension-related litigation for subordinate courts in Himachal Pradesh. Summary Category Data Case Name CWP/8064/2025 of HARI SINGH […]

LawSikho
October 24, 2025
5 Mins Read
78 Views
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Is Cancellation of Anticipatory Bail Justified Solely on Non-mention of Criminal Antecedents or Gravity of Offence Under the Atrocities Act? (Bombay High Court reaffirms strict parameters for cancellation of bail; Judgment as binding authority on requirements for interfering with grant of bail post-Atrocities Act amendments)

The Bombay High Court clarified that mere omission to mention an accused’s criminal antecedents or reliance on gravity of offence does not constitute valid grounds for cancellation of anticipatory bail, particularly under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court followed Supreme Court precedents requiring “cogent and overwhelming circumstances” to […]

LawSikho
October 24, 2025
6 Mins Read
100 Views
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Can Recovery Orders Against Class-III Government Employees Be Issued Without Departmental Inquiry or Proof of Misconduct?

High Court of Himachal Pradesh Affirms Precedent, Reiterates Due Process Mandate for Recovery Proceedings Against Employees Summary Category Data Case Name CWPOA/4678/2019 of Ravinder Kumar Vs STATE OF HP CNR HPHC010416342019 Date of Registration 12-12-2019 Decision Date 15-10-2025 Disposal Nature Disposed Off Judgment Author HON’BLE MR. JUSTICE RANJAN SHARMA Court High Court of Himachal […]

LawSikho
October 24, 2025
2 Mins Read
66 Views
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When Does Compliance with a Fresh Consideration Order Warrant Closing Contempt Proceedings?

The court reaffirmed that contempt proceedings may be closed when the competent authority issues a fresh consideration order and undertakes to implement benefits within a reasonable period. This stance upholds existing law and serves as a binding reference for subordinate courts in administrative, education, and service matters involving contempt. No previous precedent was overruled or […]

LawSikho
October 24, 2025
5 Mins Read
82 Views
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Can Conviction Under Section 138 NI Act Be Set Aside on Compounding After Appeal? High Court Reaffirms and Clarifies Legal Position as Binding Authority

The High Court expressly permits compounding of offences under Section 138 of the Negotiable Instruments Act even after conviction and dismissal of appeal, reaffirming the Supreme Court’s precedents in Damodar S. Prabhu and K. Subramanian. The decision affirms that courts may reduce compounding fees in suitable cases, and establishes clear binding precedent for all subordinate […]

LawSikho
October 24, 2025
4 Mins Read
104 Views
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Does a Government’s Compliance With Contempt Directions Conclude the Contempt Proceedings When Benefits Under the MACP Scheme Are Paid During Pendency?

The High Court held that upon documented compliance with its directions—including disbursement of monetary benefits owed under the MACP Scheme and steps for releasing consequential pensionary benefits—a contempt proceeding may be disposed of. The Court reaffirmed existing principles regarding the purpose of contempt jurisdiction in service benefit enforcement, using facts of compliance as basis for […]

LawSikho
October 24, 2025
3 Mins Read
102 Views
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When Can a Writ Petition Be Dismissed Due to Non-appearance or Lack of Instructions from the Petitioner’s Counsel? Does the High Court Have Residual Discretion to Dismiss for Default?

A single judge of the Karnataka High Court reaffirmed that where counsel is unable to obtain instructions or ensure the petitioner’s presence, and reasonable opportunity has been given, the Court has no alternative but to dismiss the petition. This order upholds existing procedural precedent regarding the duties of counsel and litigants in writ proceedings, with […]