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

LawSikho
October 24, 2025
4 Mins Read
100 Views
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Does Grant of Notional Benefits for Work Charge Status Upon Completion of 8 Years of Daily Wage Service, as Directed by Supreme Court in Surajmani Case, Apply Retroactively to Executing Petitioners? Existing Precedent Affirmed

The Himachal Pradesh High Court affirms the precedent set by the Supreme Court in The State of Himachal Pradesh & others vs. Surajmani & another, confirming that notional benefits for grant of work charge status apply upon 8 years’ continuous service by daily wagers. The judgment upholds prior law, serving as binding authority for similar […]

LawSikho
October 24, 2025
3 Mins Read
100 Views
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When Does a Writ Petition Become Infructuous After Grant of Relief to Petitioners? Clarification on Costs in Disposed Petitions

The Himachal Pradesh High Court reaffirms that once the reliefs sought in a writ petition are granted to the petitioners during the pendency of proceedings, the petition becomes infructuous. The Court further clarifies that costs previously imposed for non-disclosure of such facts may be waived if justified. This judgment confirms prevailing principles and can be […]

LawSikho
October 24, 2025
5 Mins Read
64 Views
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Can a Recruiting Agency Override the Employer’s Determination of Required Qualifications Under Service Rules? Uttarakhand High Court Reaffirms Employer’s Authority as Binding on Recruitment Bodies

The Uttarakhand High Court held that the decision of the employer regarding educational qualifications, including equivalence, is final and binding on the recruiting agency. This judgment affirms existing Supreme Court precedent, reinforcing administrative law principles for all government recruitments in Uttarakhand. The decision has binding precedential value for all subordinate courts and recruitment agencies within […]

LawSikho
October 24, 2025
4 Mins Read
64 Views
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When Should High Courts Refrain from Making Observations on Merits While Referring Parties to Civil Court? — Precedent on Limiting Influence of Writ Court Remarks

The Jharkhand High Court affirms that when parties are left to pursue remedies before a civil court, the writ court must avoid any observations that may prejudice the merits of the case; all prior remarks are rendered non-binding and inoperative. This judgment upholds the established principle to ensure a fair civil trial, setting a binding […]

LawSikho
October 24, 2025
3 Mins Read
110 Views
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Can a High Court Dismiss a Writ Petition for Non-Prosecution When the Petitioner Fails to Provide Instructions or Comply With Court Orders?

The Court reaffirmed that where a petitioner fails to comply with court directions or provide instructions to their counsel, and no effective prosecution of the writ is pursued, the petition may be dismissed for non-prosecution. This upholds existing procedural law and reinforces the practical requirement of diligent prosecution in writ proceedings before the High Court, […]

LawSikho
October 24, 2025
4 Mins Read
94 Views
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Does a Memo Ordering Revised Pension Under the Pay Matrix Bind State Corporations to Release Arrears Within a Specified Time?

Court holds that once a State-owned Corporation formally adopts and communicates pension revision (in line with State Government norms), pensioners are entitled to revised benefits and arrears within a stipulated period. The judgment upholds established administrative law principles and provides binding precedent for public sector retirees in Himachal Pradesh. Summary Category Data Case Name […]

LawSikho
October 24, 2025
5 Mins Read
76 Views
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Can a Statutory Authority Refix or Enhance Land Allotment Cost Years After Full Payment? Madras High Court Reaffirms Limitation and Allotment Order Terms as Binding

The Madras High Court held that once the entire land cost and any applicable interest are paid within the relevant financial year, the authority (SIDCO) has no right to subsequently enhance or refix the land cost based on later valuations. This decision upholds settled precedent and provides binding authority on limits to retrospective demand notices […]

LawSikho
October 24, 2025
3 Mins Read
78 Views
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Can a Writ Petition Seeking Reinstatement After Excessive Delay Be Entertained? Affirmation of the Principle of Laches as a Bar to Equitable Relief

The Madras High Court reaffirms that extraordinary delay in approaching the court—where a petitioner “sits tight” on rights for over 20 years—bars relief under writ jurisdiction on grounds of laches. This decision upholds established precedent and is binding authority for all subordinate courts in the jurisdiction, underscoring the consequences of inordinate delay for government service […]

LawSikho
October 24, 2025
5 Mins Read
72 Views
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Does Temporary and Consented Use of Gram Panchayat Property by a Family Member Warrant Disqualification of an Elected Panchayat Member Under Section 14(1)(J-3) of the Maharashtra Village Panchayats Act?

The Bombay High Court held that temporary storage of goods in Gram Panchayat property, with the consent of the Panchayat and without proof of direct or indirect involvement of the elected member, does not attract disqualification under Section 14(1)(J-3) of the Maharashtra Village Panchayats Act. The judgment upholds the view of the appellate authority and […]

LawSikho
October 24, 2025
6 Mins Read
94 Views
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Does the Right to Be Heard Under Natural Justice Apply to Backdoor Appointments Proven Illegal Ab Initio? Clarification Upheld: Employees Appointed Illegally Have No Right to Audi Alteram Partem at Termination; High Court of Jammu & Kashmir, Binding Precedent

Natural justice principles (such as the right to be heard) do not apply in cases where public employment is proven to have been obtained through illegal means or without a valid selection process. The High Court affirms existing Supreme Court precedent, establishing that no hearing is warranted before disengaging backdoor appointees. This decision serves as […]

LawSikho
October 24, 2025
4 Mins Read
62 Views
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Is an Employer Bound to Revise Pension in Accordance with Its Approved Board Decision When a Formal Memo Has Been Issued but Implementation Is Withheld? – Binding Precedent from the Himachal Pradesh High Court Clarifying Administrative Obligations on Pension Revision

High Court directs the Himachal Road Transport Corporation to grant revised pension and arrears as per its own memo implementing a Board decision, affirming that administrative delay or inaction post-formal approval cannot defeat employee entitlements. Upholds established precedent regarding enforceability of institutional decisions and offers binding authority for similar pension revision disputes involving government entities […]

LawSikho
October 24, 2025
4 Mins Read
100 Views
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Can a Statutory Authority Enhance Land Allotment Price Retrospectively Based on Payment Date Despite Full Payment Made Earlier? — Existing Precedent on Interpretation of Allotment Orders Upheld (Binding Authority)

The Madras High Court reaffirms that after all dues for an industrial plot allotment are cleared within the specified period, statutory authorities like SIDCO cannot retrospectively invoke an escalated land value based on later financial years. This ruling upholds prior legal understanding of allotment order interpretation for statutory corporations, providing binding authority for similar disputes […]