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

LawSikho
October 23, 2025
4 Mins Read
90 Views
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Can Recovery of Alleged Excess Payment from Gratuity Be Effected Without Following Due Process?

High Court Reaffirms Existing Precedent; Writ Petitions on Gratuity Recovery to Be Decided as per Previous Division Bench Judgment—Binding Authority for Service Law Disputes in Uttarakhand Transport Sector Summary Category Data Case Name WPSS/1725/2025 of BHUPAL DATT JOSHI Vs MANAGING DIRECTOR UTTARAKHAND TRANSPORT CORPORATION CNR UKHC010165382025 Date of Registration 15-10-2025 Decision Date 17-10-2025 Disposal […]

LawSikho
October 23, 2025
3 Mins Read
80 Views
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Can Government Land Be Allotted to a Private Individual Merely on the Basis of Long-Term Occupation? – High Court Upholds State’s Authority Over Government Land, Rejects Writ Seeking Allotment

The High Court clarified that scarcity and public purpose needs of government land in Uttarakhand preclude its allotment to private individuals, expressly declining to issue directions as sought. The judgment affirms the State’s policy discretion and is binding authority within Uttarakhand, reinforcing existing precedent that government land is primarily for public use. Summary Category […]

LawSikho
October 23, 2025
5 Mins Read
104 Views
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Can Whole Time Contingent Paid Service Be Counted Towards Qualifying Service for Pension Under CCS (Pension) Rules, 1972 — As Reaffirmed by Himachal Pradesh High Court?

The Himachal Pradesh High Court has reaffirmed that Whole Time Contingent Paid service must be counted as qualifying service towards pension under the CCS (Pension) Rules, 1972, following and applying the principles laid down in its previous decision in Bimla Devi and consistent Supreme Court precedents. This case upholds existing precedent, maintaining strong binding authority […]

LawSikho
October 23, 2025
4 Mins Read
108 Views
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Does a High Court Judgment Granting Benefits Continue to Operate When Stayed by the Supreme Court? Clarification on Precedential Value and Interim Relief

The High Court of Himachal Pradesh confirms that once the Supreme Court stays the operation of a judgment (here, the Satya Devi case), no relief based on that judgment can be granted in related matters until the apex court decides. The decision aligns future claims strictly with the outcome of the Supreme Court proceedings—preserving judicial […]

LawSikho
October 23, 2025
5 Mins Read
68 Views
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Does the Principle of Granting ‘Work-Charge’ Status After 8 Years’ Service Extend to HPSEB Employees Even After Abolition of Work-Charge Establishment? (Precedent Affirmed)

The High Court of Himachal Pradesh reaffirmed that the directions regarding grant of ‘work-charged’ status after 8 years’ service, as laid down in Surajmani and affirmed in Nanak Chand, apply to Himachal Pradesh State Electricity Board employees notwithstanding the abolition of work-charge establishment. This clarification binds the HPSEB, upholds Supreme Court precedent, and must be […]

LawSikho
October 23, 2025
5 Mins Read
84 Views
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Are Notices Issued Under Section 148 of the Income Tax Act by a Jurisdictional Assessing Officer Invalid If the Law Prescribes Issuance Only by a Faceless Assessing Officer?

The Bombay High Court reaffirmed that, where statutory law mandates the issuance of reassessment notices by a Faceless Assessing Officer, any notice issued by a Jurisdictional Assessing Officer is invalid. This approach strictly follows the precedent in Hexaware Technologies Ltd. The authority is binding within the jurisdiction unless overruled by the Supreme Court, with provision […]

LawSikho
October 23, 2025
4 Mins Read
68 Views
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Does Recovery of Valid Railway Tickets from the Deceased Irrefutably Establish Bona Fide Passenger Status for Compensation under Section 124-A of the Railways Act?

A High Court judgment confirms that the presence of valid journey tickets on a deceased person is sufficient to establish their status as a bona fide passenger under Section 124-A of the Railways Act. The appellate court refuses to interfere with the factual findings of the Tribunal when documentary evidence supports the claim. This holding […]

LawSikho
October 23, 2025
5 Mins Read
58 Views
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When Should a Murder Conviction Under Section 302 IPC Be Modified to Culpable Homicide Not Amounting to Murder Under Section 304 Part II?

Jharkhand High Court held that in the absence of intent or knowledge required for murder under Section 300 IPC—especially where the injuries are not on the vital part of the body and the cause of death is shock and haemorrhage—Section 304 Part II applies rather than Section 302 IPC. This judgment modifies the conviction, clarifies […]

LawSikho
October 23, 2025
6 Mins Read
136 Views
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Does the Statutory Exemption for Carpentry Work under the Odisha Saw Mill and Saw Pits (Control) Act, 1991 Protect Small-Scale Workshops Using Electrically Powered Machinery?

The High Court answers that the Section 25 exemption cannot be invoked by carpentry operations involving electrical or mechanical sawing machinery and significant timber stock; “ordinary carpentry” does not include activity meeting the statutory definition of a saw mill. The ruling upholds and clarifies the exclusion of such operations from exemption, follows precedent, and serves […]

LawSikho
October 23, 2025
5 Mins Read
94 Views
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Must Mutation Proceedings in Odisha’s Ex-Princely States Await Probate of Will? — High Court Reaffirms Non-requirement of Probate as a Precondition for Mutation Based on Will

Odisha High Court clarifies that for properties situated in areas of the State that were part of ex-princely states (“Gadajat areas”), Revenue Authorities may entertain mutation proceedings based on an un-probated Will; the earlier contrary administrative instructions stand modified in light of consistent judicial pronouncements—serving as binding authority for mutation proceedings across such districts. […]

LawSikho
October 23, 2025
4 Mins Read
78 Views
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Can a Contempt Petition Proceed When the Alleged Contemnor Has Passed a Reasoned Order in Compliance with a Prior Direction? – Clarification on Judicial Response When Dispute Remains as to the Sufficiency of Compliance

The Jharkhand High Court reaffirms that contempt jurisdiction will not be invoked when the alleged contemnor has passed a reasoned order in compliance with the court’s directive, even if the petitioner disputes its adequacy. The court allows for liberty to challenge the merits of the reasoned order through appropriate legal channels, upholding existing precedent and […]

LawSikho
October 23, 2025
4 Mins Read
88 Views
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Does Section 24 CPC Mandate Prioritizing the Wife’s Convenience in Matrimonial Transfers? Clarification and Affirmation by the Orissa High Court

The Orissa High Court reaffirms that while exercising powers under Section 24 of the Code of Civil Procedure in matrimonial matters, the paramount consideration is the convenience of the wife. Upholding Supreme Court precedent, the judgment provides binding authority for courts in matrimonial transfer petitions, especially within Orissa’s jurisdiction. Summary Category Data Case Name […]