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

LawSikho
October 23, 2025
7 Mins Read
118 Views
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Can Claimants in Land Acquisition Cases Receive Enhanced Compensation Beyond Their Stated Claim If Evidence Supports Higher Entitlement? — Bombay High Court Affirms and Clarifies Precedent

The Bombay High Court reaffirmed that claimants in land acquisition disputes may be entitled to receive compensation higher than what they claimed if the evidence warrants it, subject to payment of deficit court fees. The Court upheld existing precedent and clarified that mere restriction of the claim does not preclude a higher award when justified […]

LawSikho
October 23, 2025
5 Mins Read
94 Views
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When Is Bail Justified Upon Proving the Accused’s Absence Was Due to Judicial Custody? Precedent Affirmed: High Court Clarifies Limits on Fault for Absence Where Accused Was in Custody—Binding on Bail Applications Under SC/ST (POA) Act

The Madras High Court reaffirmed that an accused’s absence from trial cannot be held against them when they were in judicial custody at the relevant time. This decision, delivered under Section 14A(2) of the SC/ST (POA) Act, upholds procedural fairness in bail considerations, clarifies trial court obligations, and is binding on all lower courts within […]

LawSikho
October 23, 2025
3 Mins Read
98 Views
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Does Grant of Bail Become Justified When the Informant and Victim Are Declared Hostile and a Compromise Has Been Reached? (Jharkhand High Court, 2025) — Existing Precedent Reaffirmed as Binding Authority

The Jharkhand High Court reaffirmed that when the complainant and victim are declared hostile due to compromise between the parties, and the accused has remained in custody for a considerable period, bail may be justified. This judgment upholds existing precedent, reinforces discretion in bail matters, and is binding for subordinate courts in Jharkhand. Summary […]

LawSikho
October 23, 2025
7 Mins Read
76 Views
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Can a Land Acquisition Authority Challenge Enhanced Compensation When It Has Accepted Awards in Identical Cases? Precedent on Non-Discrimination, Evidence Evaluation, and Nature of Acquired Land Clarified

The Bombay High Court reiterates that acquiring authorities cannot selectively appeal enhanced land compensation awards when similar awards are accepted in related cases, following the Supreme Court’s prohibition against discriminatory conduct by state instrumentalities. The Court further clarifies evidentiary standards for proving the nature of acquired land and the valuation of trees, affirming Reference Court […]

LawSikho
October 23, 2025
7 Mins Read
92 Views
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Does Acceptance of Reference Court’s Land Acquisition Awards for Some Claimants Bind the Acquiring Authority in All Like Cases?

The Bombay High Court has held that the acquiring authority (State or its instrumentalities) cannot adopt a “pick and choose” policy by accepting Reference Court awards for some claimants while appealing against identical awards in the cases of others. The judgment affirms Supreme Court precedent (Shivappa v. Chief Engineer, 2023) and directs uniform application. It […]

LawSikho
October 23, 2025
7 Mins Read
92 Views
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When Can Land Acquisition Authorities Adopt Inconsistent Approaches in Granting Compensation — Is “Pick and Choose” Permissible? (Precedent Affirmed; Curbing State Discrimination in Similar Land References Under the Land Acquisition Act)

The Bombay High Court has reaffirmed that land acquisition authorities cannot adopt discriminatory “pick and choose” tactics in appeals—if compensation enhancement is accepted for some claimants in a single acquisition scheme, other similarly placed claimants cannot be singled out for challenge by the acquiring body. This binding authority upholds the Supreme Court’s view, ensures equal […]

LawSikho
October 23, 2025
7 Mins Read
104 Views
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Can a State Authority Adopt ‘Pick and Choose’ Policy in Land Acquisition Appeals? Bombay High Court Reaffirms Prohibition and Clarifies Compensation Calculation

The Bombay High Court has reaffirmed existing Supreme Court precedent that prohibits discriminatory appeals by the State (or its instrumentalities) in land acquisition compensation matters. The Court clarifies the applicable compensation rates for dry and seasonally irrigated lands, and provides binding authority on the treatment of valuation evidence for trees, solidifying uniform principles for future […]

LawSikho
October 23, 2025
7 Mins Read
104 Views
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Can Land Acquisition Claimants Receive Enhanced Compensation Despite Restriction of Their Original Claim—And Is the State Prohibited from Differential Challenge in Similar Cases? (Clarifies and Upholds Existing Precedent; Binding Authority)

The Bombay High Court holds that claimants are entitled to the full compensation to which they are legally entitled, even if their original claim was restricted to a lower amount—subject to court fee payment; and the State/acquiring body cannot adopt a discriminatory “pick and choose” approach in challenging awards in similar circumstances. This judgment affirms […]

LawSikho
October 23, 2025
5 Mins Read
72 Views
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Does Past Service Rendered in Job Contract Establishments Qualify for Pensionary Benefits for State of Odisha Employees? — Orissa High Court Reaffirms Prevailing Legal Position

The Orissa High Court, applying recent binding precedents of a Division Bench and the Supreme Court, reaffirms that prior service under job contract establishments does not entitle State Government employees in Odisha to pensionary benefits unless rules or policies provide otherwise; previous orders granting such relief are set aside. This decision upholds and applies the […]

LawSikho
October 23, 2025
3 Mins Read
76 Views
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Does Failure to Implead Legal Representatives After Death of Parties Mandate Abatement of Civil Appeal?

The High Court reaffirms that a civil appeal must be dismissed as abated when no steps are taken to implead legal heirs after the death of a party, in line with settled law. The judgment upholds existing procedure and serves as binding authority for all subordinate courts in civil litigation matters relating to abatement due […]

LawSikho
October 23, 2025
4 Mins Read
86 Views
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To What Extent Must Banks Return Pledged Gold to Borrowers When Auction Procedures Are Challenged? (Precedent-Setting Authority Clarifies Bank Obligations on Restoration, Valuation, and Appropriation After Quashed Sale)

The Orissa High Court has clarified the obligations of banks regarding restoration or compensation to borrowers when an auction of pledged jewellery is quashed. The ruling sets binding precedent on the return of the physical asset, valuation standards, and reversal of cross-liability appropriations. This case reaffirms and builds upon existing legal principles affecting gold loan […]

LawSikho
October 23, 2025
7 Mins Read
80 Views
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Can a State Acquiring Body “Pick and Choose” Which Land Acquisition Reference Awards to Appeal? The Bombay High Court Reaffirms Bar on Discriminate Appeals Under Principles of Equality and Precedent

The Bombay High Court has held that the State (or its instrumentalities) cannot adopt a ‘pick and choose’ approach by selectively appealing some Reference Court awards in land acquisition matters while acquiescing to others under similar circumstances. Relying on Supreme Court precedent, the High Court dismissed all such appeals filed by the acquiring body and […]