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

LawSikho
September 15, 2025
4 Mins Read
70 Views
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Can Vehicle Registration Certificates Suspended Without Prior Hearing Be Revoked Subject to Subsequent Opportunity of Hearing?

The Rajasthan High Court has clarified that when Registration Certificates (RCs) of vehicles are suspended without prior hearing, such suspension orders are to be set aside and the RCs revoked, subject to the vehicle owners being provided a post-decisional hearing within a specified timeframe. This judgment follows earlier precedent and lays down directions for uniform […]

LawSikho
September 15, 2025
3 Mins Read
76 Views
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When Can Eligibility Under a Tender Be Judicially Reviewed? Upholding Administrative Discretion on Disputed Facts as Confirmed by the Calcutta High Court

The Calcutta High Court reaffirmed that writ jurisdiction under Article 226 is unavailable where eligibility under a tender turns on disputed facts, such as the existence of a rate contract enlistment, and declined to interfere in administrative tender decisions absent clear documentary support. This decision upholds prior precedent and reinforces strict standards for judicial intervention […]

LawSikho
September 15, 2025
4 Mins Read
76 Views
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Must Revenue Authorities Serve the Original Order Only by Registered Email, or Can Service by Speed Post Suffice? Clarification on Service and Appellate Remedies under Finance Act, 1994/CGST Act

The Calcutta High Court reaffirms that in the event of a dispute over service of the order-in-original in CGST/service tax proceedings, and where statutory remedies are available, the Court should not resolve factual disputes in writ jurisdiction but enable the assessee to file a statutory appeal upon proper service; previous recovery demands are set aside […]

LawSikho
September 15, 2025
4 Mins Read
76 Views
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Does a Writ Petition Lie When Private Property Disputes Among Relations Are Raised Without Making Alleged Wrongdoers Parties?

Calcutta High Court affirms that a writ petition under Article 226 is not maintainable for private property disputes among family members unless all necessary parties, including alleged wrongdoers, are impleaded; the Court’s order is binding on subordinate courts in similar scenarios and clarifies the limited role of police as confined to maintaining law and order. […]

LawSikho
September 15, 2025
6 Mins Read
66 Views
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Does Cancellation of Railway LDCE Promotion Panels Require Recording Reasons and Prior Notice? – Calcutta High Court Affirms Principles of Natural Justice as Binding Law

The Calcutta High Court reaffirms that railway authorities must provide clear reasons and adequate notice to selected candidates before cancelling promotion panels due to alleged procedural irregularities or malpractices. The decision upholds the Central Administrative Tribunal’s stance (except on the direction to segregate “tainted” from “untainted” candidates), relies on established precedent, and serves as binding […]

LawSikho
September 15, 2025
2 Mins Read
82 Views
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Can Bail Be Granted in Cases Involving Allegations Under Sections 376 and 302 IPC Where the Accused Has Confessed and Trial is Advancing? — High Court Reaffirms Stringent Application of Bail Principles in Heinous Offence Cases

The Patna High Court has reiterated that bail will not be granted where the accused faces grave charges of rape and murder, has confessed to the crime, and trial proceedings are well underway. This decision upholds the existing approach, confirming that bail in such cases is to be exercised with extreme caution and serves as […]

LawSikho
September 15, 2025
2 Mins Read
84 Views
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Does a Petition Challenging an Administrative Order Become Infructuous After the Order Is Set Aside by a Higher Authority? Clarification on the Principle and Its Procedural Effect

When a higher administrative authority sets aside the impugned order during the pendency of writ proceedings, the writ petition is rendered infructuous and subject to disposal. This clarifies procedural consequences for ongoing administrative law litigation and affirms prevailing precedent in writ practice before High Courts in India. Summary Category Data Case Name WP/5638/2024 of […]

LawSikho
September 15, 2025
2 Mins Read
98 Views
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When Is a Writ Petition Dismissed For Default Due to Non-appearance by Parties?

The Calcutta High Court reaffirmed that writ petitions may be dismissed for default when neither party appears, with any interim order vacated as a consequence. This order follows established procedural norms and does not change substantive legal principles. Its precedential value for future cases is limited to procedural aspects. Summary Category Data Case Name […]

LawSikho
September 15, 2025
4 Mins Read
86 Views
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Can a Public Authority Reconstruct Lost Case Records Using Authenticated Copies to Expedite Long-Pending Proceedings? – Precedent Affirmed and Clarified on Inherent Power to Reconstruct Judicial Files

The Orissa High Court reiterates and applies the precedent that authorities possess the inherent power to reconstruct lost or destroyed records of pending cases based on authenticated copies, ensuring proceedings are not indefinitely stalled. This judgment upholds prior law (Arjun Padhi v. State of Orissa, AIR 1952 Orissa 237) and affirms its binding precedential value […]

LawSikho
September 15, 2025
3 Mins Read
80 Views
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Is a Writ Petition Maintainable for Interest Due on Land Acquisition Compensation Once the Bank Admits Liability and Agrees to Pay? — Disposed as Infructuous Based on Bank’s Undertaking

The Jharkhand High Court directly disposed of a writ petition seeking payment of interest on land acquisition compensation after the concerned bank admitted the interest was due and undertook to disburse the amount within a specified period, reaffirming existing procedure; serves as precedent for summary disposal when respondent admits liability and makes a binding representation. […]

LawSikho
September 15, 2025
4 Mins Read
64 Views
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Can Constitutional Writ Jurisdiction Be Invoked for Resolution of Disputed Private Commercial Issues in the Film and Television Industry?—Reaffirmed Limitations on Judicial Interference Where Disputed Questions of Fact Arise

The Calcutta High Court clarified that writ jurisdiction does not extend to resolving inter se private disputes involving disputed facts within the film and television industry, thereby upholding established precedent on the limits of constitutional writ remedies. This judgment confirms that such matters should be adjudicated in the appropriate civil forum and reinforces the judiciary’s […]

LawSikho
September 15, 2025
4 Mins Read
75 Views
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Can Writ Jurisdiction Be Invoked to Resolve Private Disputes in the Film and Television Industry When Facts Are Hotly Disputed?

The Calcutta High Court reaffirmed that disputed questions of fact between private parties in sectors like film and television cannot be adjudicated under constitutional writ jurisdiction; such matters require alternative remedies. This judgment follows established precedent, sharply restricting the use of writs in complex, fact-intensive commercial or industry disputes, and is binding on subordinate courts […]