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

LawSikho
October 22, 2025
5 Mins Read
86 Views
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Does Failure to Revise Timeframe for Lifting and Disposal of Auctioned PDS Rice as Per Court Directions Render Confiscation and Penalties Invalid under Section 6A of the Essential Commodities Act, 1955?

The High Court of Andhra Pradesh set aside confiscation and penalty orders issued for delayed disposal of auctioned PDS rice, holding that the respondent authority’s failure to revise the time schedule in accordance with an earlier High Court order vitiated subsequent penal actions. This decision is expressly restricted to its unique facts and is not […]

LawSikho
October 22, 2025
4 Mins Read
98 Views
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Can Review Jurisdiction Be Used to Re-Argue Decided Matters? Clarification of the Limited Scope of Review Under Order 47 Rule 1 CPC

The High Court of Chhattisgarh has reaffirmed that review jurisdiction cannot be used as an appeal in disguise; rehearing or re-arguing matters already decided is impermissible. The judgment upholds established Supreme Court precedent on the restrictive scope of review proceedings and serves as binding authority for subordinate courts in Chhattisgarh. Summary Category Data Case […]

LawSikho
October 22, 2025
4 Mins Read
74 Views
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Can High Courts Intervene in Matters of Auction Notices by Banks When Debt Recovery Forums Are Functional? – Precedent on Alternative Remedy and Writ Jurisdiction Upheld

Gauhati High Court reaffirms that High Courts ordinarily will not exercise writ jurisdiction under Article 226 when statutory alternative remedies like Debt Recovery Tribunal (DRT) are available and functional. The judgment upholds established precedent, reinforcing the principle of relegation to statutory forums in banking and debt recovery disputes. Persuasive and binding precedent for such matters […]

LawSikho
October 22, 2025
7 Mins Read
110 Views
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When Does the Filing of Multiple Complaints and Prolonged Separation Constitute “Cruelty” and “Desertion” as Grounds for Divorce under the Hindu Marriage Act?

The High Court of Chhattisgarh affirmed established Supreme Court jurisprudence on “cruelty” and “desertion” under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act. The judgment clarifies that persistent quarrels, physical abuse, false complaints, and long-term separation independently or cumulatively amount to grounds for divorce. The decision applies binding authority for subordinate courts in matrimonial […]

LawSikho
October 22, 2025
5 Mins Read
140 Views
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Can a Plaintiff Seek Specific Performance of a Contract if They Fail to Prove Continuous Readiness and Willingness and File Beyond the Limitation Period?

The Chhattisgarh High Court has reiterated that in suits for specific performance, the plaintiff must plead and prove continuous readiness and willingness to perform the contract from its execution until decree, and that such suits must be filed strictly within the period specified under Article 54 of the Limitation Act, 1963. The Court affirmed settled […]

LawSikho
October 22, 2025
6 Mins Read
110 Views
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Does Conviction Solely Based on Recovery of Blood-Stained Clothes, Without Conclusive Serological Link to the Deceased, Satisfy the Standard for Circumstantial Evidence in Murder Trials? (Precedent Affirmed: Five Golden Principles of Circumstantial Evidence)

High Court clarifies and reaffirms that recovery of blood-stained clothes or weapons, without established serological connection to the deceased, cannot by itself sustain a conviction for murder under circumstantial evidence. The judgment strictly follows the Supreme Court’s ‘panchsheel’ for proof by circumstantial evidence, maintaining established precedent and providing binding authority for similar cases in subordinate […]

LawSikho
October 22, 2025
3 Mins Read
70 Views
0 Comments

Can Pendency of a Criminal Case Bar Consideration for Promotion? High Court Reaffirms the Redressal of Grievance and Renders the Issue Infructuous

The High Court clarified that once the grievance regarding denial of promotion due to pending criminal proceedings is resolved during the pendency of a writ petition, the matter becomes infructuous and is disposed of accordingly. The judgment upholds the practical approach of rendering the writ petition disposed of when the relief sought is granted to […]

LawSikho
October 22, 2025
4 Mins Read
76 Views
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Can High Courts Issue Mandamus Directing Banks to Consider One-Time Settlement (OTS) Proposals When the Debtor Is Already Before the Debts Recovery Tribunal?

The Andhra Pradesh High Court held that no writ of mandamus can be issued to direct a bank to consider an OTS (One-Time Settlement) proposal when the matter is already before the Debts Recovery Tribunal (DRT) and relevant interim protections exist. This judgment upholds Supreme Court precedent (Bijnor Urban Cooperative Bank Limited v. Meenal Agarwal), […]

LawSikho
October 22, 2025
6 Mins Read
86 Views
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Is Reinstatement Mandatory for Illegally Terminated Daily Wage Workers When the Employer’s Establishment Is Non-Functional? Reaffirmation of Compensation in Lieu under Industrial Disputes Act

The High Court of Andhra Pradesh upholds established Supreme Court precedent: reinstatement with back wages is not automatic for unlawfully retrenched daily wage or NMR (Nominal Muster Roll) workers, especially when the employing establishment has ceased operations. Instead, reasonable compensation is to be awarded. This judgment affirms existing precedent and is binding within Andhra Pradesh, […]

LawSikho
October 22, 2025
4 Mins Read
88 Views
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Can Seniority Be Granted Retrospectively upon Regularization? Gauhati High Court Upholds Existing Precedent on Determination of Inter Se Seniority in Service Law

Seniority cannot be conferred on employees retrospectively from a date when they were not part of the cadre; substantive appointment or date of entry into the service is the proper criterion for seniority unless otherwise expressly provided by the service rules. This judgment affirms existing Supreme Court precedent and is binding authority for future service-related […]

LawSikho
October 22, 2025
5 Mins Read
96 Views
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Is Mere Entry in School Records Enough to Prove Victim’s Minority under the POCSO Act? — High Court Clarifies Evidentiary Standard (Precedent Binding in Chhattisgarh, Persuasive Elsewhere)

The Chhattisgarh High Court affirms that entries regarding date of birth in school registers, without corroborative or cogent evidence, are insufficient to conclusively establish minority for purposes of the POCSO Act. The judgment follows established Supreme Court precedents and clarifies evidentiary expectations in sexual offence trials, binding within Chhattisgarh and persuasive in other jurisdictions. […]

LawSikho
October 22, 2025
7 Mins Read
74 Views
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Can Conviction Be Based Solely on a Sole or Weak Witness Testimony or Uncorroborated Dying Declarations? High Court Reaffirms Need for High Evidentiary Standards and Cautious Scrutiny

The Chhattisgarh High Court sets aside convictions under IPC Sections 302/149, 147, and 201, firmly reasserting that conviction cannot rest solely on unreliable sole eyewitness testimony or weak/unsubstantiated dying declarations. The judgment follows and applies binding Supreme Court precedent, provides sector-wide guidance for criminal law practitioners, and is binding within the State of Chhattisgarh. […]