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

LawSikho
October 23, 2025
3 Mins Read
59 Views
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Is Statutory Compensation under Section 124A of the Railways Act, 1989 Payable Regardless of Tribunal’s Previous Denial?

The Orissa High Court held that compensation under Section 124A of the Railways Act, 1989, must be awarded where statutory requirements are met, even if previously denied by the Railway Claims Tribunal. This decision sets aside the Tribunal’s earlier judgment and serves as binding precedent within its jurisdiction, directly impacting personal injury and accident compensation […]

LawSikho
October 23, 2025
6 Mins Read
110 Views
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Can the State Adopt a ‘Pick and Choose’ Approach in Appealing Reference Court Awards Under the Land Acquisition Act? Reaffirmation of Non-Discrimination and Uniformity Principles by the Bombay High Court

The Bombay High Court has categorically held that State authorities cannot selectively challenge Reference Court awards, reaffirming the Supreme Court mandate against discriminatory appeal practice in land acquisition compensation matters. All similarly placed claimants must be treated equally, reinforcing binding precedent for land acquisition cases across Maharashtra. Summary Category Data Case Name FA/535/2020 of […]

LawSikho
October 23, 2025
7 Mins Read
90 Views
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When Is Discrimination by the Acquiring Authority in Challenging Land Acquisition Compensation Awards Prohibited? (Bombay High Court, 2025) — Reaffirmation of Equal Treatment Under Article 14 and Principle of Objective Scrutiny in Land Compensation Appeals

The Bombay High Court, Aurangabad Bench, holds that the acquiring authority cannot adopt a “pick and choose” approach—accepting compensation awards for some claimants while appealing against others in similar circumstances—reaffirming the Supreme Court’s guidance on the prohibition of discrimination by state bodies. This judgment upholds, clarifies, and applies established precedent, and serves as binding authority […]

LawSikho
October 23, 2025
3 Mins Read
102 Views
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Can a University Demand Enhanced Security Deposits per Course in Violation of Its Own Guidelines on Affiliation?

The High Court held that the imposition of ₹15,00,000 per course as a security deposit by Kumaon University, contrary to the University’s existing guidelines, is arbitrary and cannot be sustained. The decision affirms an earlier Division Bench judgment, solidifying the binding nature of prescribed affiliation norms. This ruling serves as binding authority for similar cases […]

LawSikho
October 23, 2025
3 Mins Read
92 Views
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Is Financial Difficulty a Valid Ground for Delay in Release of Statutory Post-Retirement Dues by Public Authorities? — Uttarakhand High Court’s Reaffirmation of Employer’s Obligation

Uttarakhand High Court mandates timely release of admitted post-retirement benefits despite financial crunch, upholding settled law; reinforces binding obligation of public employers in service law matters—binding precedent within Uttarakhand. Summary Category Data Case Name WPSS/1638/2025 of DARMIYAN SINGH Vs STATE OF UTTARAKHAND CNR UKHC010155652025 Date of Registration 26-09-2025 Decision Date 17-10-2025 Disposal Nature DISPOSED […]

LawSikho
October 23, 2025
4 Mins Read
74 Views
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When Can Bail Be Granted for Offences Under Sections 110, 281 BNS and Motor Vehicles Act for Drunken Driving and Vehicle Damage? – Clarification and Application by High Court

The Telangana High Court clarifies bail eligibility in offences involving vehicle damage and drunken driving when no injury is caused, reaffirms the discretionary application of bail considering the facts, stage of investigation, and duration of incarceration; affirms established precedent for similar cases under BNS and MV Act, and is binding on subordinate courts in Telangana. […]

LawSikho
October 23, 2025
7 Mins Read
70 Views
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Does an Order Restricting Religious Festival Attendance for ‘Public Order’ Violate Articles 25 and 26? – Himachal Pradesh High Court Reaffirms Constitutional Protections for Religious Practices (Binding Authority)

The High Court holds that blanket administrative orders restraining persons from attending religious celebrations on ‘public order’ grounds violate fundamental rights under Articles 25 and 26 unless a real, proximate threat is shown; historic and customary worship cannot be abrogated due to remote or isolated incidents. The judgment affirms Supreme Court precedent and clarifies that […]

LawSikho
October 23, 2025
2 Mins Read
116 Views
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Does Non-Appearance of the Appellant Mandate Dismissal of an Appeal for Non-Prosecution?

The Madras High Court reaffirmed that an appeal can be dismissed for non-prosecution in the absence of representation for the appellant at admission. This order aligns with prevailing judicial practice and is binding for subordinate courts handling similar procedural defaults in appeal matters, especially under Section 173 of the Motor Vehicles Act, 1988. Summary […]

LawSikho
October 23, 2025
7 Mins Read
88 Views
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Can a State Acquiring Body Challenge Enhanced Compensation When It Has Accepted Reference Court Awards in Identical Land Acquisition Cases? Precedential Constraints on Discriminatory Appeals Explained

Bombay High Court holds that a state or its instrumentality cannot challenge enhanced compensation in some land acquisition matters while acquiescing to identical awards in others; establishes that such selective appeals by the acquiring body are discriminatory. The judgment follows Supreme Court guidance, reaffirms existing legal principle, and provides binding precedent for land acquisition disputes—particularly […]

LawSikho
October 23, 2025
7 Mins Read
98 Views
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Can the Acquiring Body Challenge Reference Court Compensation Awards Selectively? Bombay High Court Reaffirms Prohibition on Discriminatory Appeals under Land Acquisition Law

The Bombay High Court reiterates that government or its instrumentalities cannot “pick and choose” which similar compensation awards to appeal from, citing Supreme Court precedent. All similarly situated claimants must be treated alike in land acquisition proceedings. This judgment affirms existing Supreme Court authority and is binding on all subordinate courts handling land acquisition compensation […]

LawSikho
October 23, 2025
7 Mins Read
98 Views
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Does Acceptance of Reference Court’s Award by the Acquiring Body in Some Land Acquisition Cases Bar Selective Appeals Against Other Similarly Situated Claimants? – Reaffirmation of Non-Discrimination Principle in Land Acquisition Compensation Appeals

The Bombay High Court has held that the State or its instrumentalities cannot adopt a “pick and choose” approach in challenging reference court awards arising from the same land acquisition proceedings. This judgment aligns with Supreme Court precedent, affirms the binding principle of non-discrimination in State appeals, and is now binding authority for all subordinate […]

LawSikho
October 23, 2025
6 Mins Read
68 Views
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Does Acceptance of Enhanced Compensation by the Acquiring Body in Some Land Acquisition Cases Preclude It from Challenging Identical Awards in Others? Discrimination and the Impermissibility of Pick-and-Choose Approach by State Authorities Affirmed

The Bombay High Court, reaffirming settled law, held that State instrumentalities cannot adopt a pick-and-choose approach by accepting enhanced compensation in some land acquisition references while challenging identical awards in others arising from the same acquisition. This judgment follows and applies binding Supreme Court precedent, strengthening the bar against discriminatory litigation conduct by the government […]