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

LawSikho
September 15, 2025
3 Mins Read
68 Views
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Is Withdrawal of a Writ Petition Permissible With Liberty to Seek Appropriate Remedy Where Representation Remains Unattended?

The Himachal Pradesh High Court reiterates that a writ petition may be withdrawn—without adjudication on merits—where the petitioner reserves liberty to seek appropriate legal remedies at a later stage. The judgment upholds established practice and offers binding guidance to subordinate courts in administrative law matters relating to service grievances. Summary Category Data Case Name […]

LawSikho
September 15, 2025
4 Mins Read
84 Views
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Can a Writ Petition Seeking Nullification of a Government Appointment Made Decades Ago Survive When Earlier Litigation on the Same Cause Was Withdrawn Without Liberty?

The High Court has held that a writ petition challenging a government appointment from 2002 is not maintainable when an earlier writ on the same issue was withdrawn without liberty to refile. The Court dismissed the petition on grounds of both inordinate delay and res judicata, upholding established precedent. This decision is binding on subordinate […]

LawSikho
September 15, 2025
2 Mins Read
66 Views
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Can a Writ Petition Be Dismissed for Non-Prosecution When the Petitioner Fails to Appear? – Reaffirming Procedural Discipline in High Courts

The Uttarakhand High Court reaffirmed that writ petitions may be dismissed for non-prosecution if the petitioner fails to prosecute the case, upholding existing procedural precedent. This judgment maintains procedural discipline and may be cited as binding authority within the jurisdiction of the Uttarakhand High Court and as persuasive authority elsewhere. Summary Category Data Case […]

LawSikho
September 15, 2025
2 Mins Read
72 Views
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Upholding Existing Precedent & Procedural Discipline: Calcutta High Court Reaffirms Authority to Dismiss Long-Pending Appeals for Default – Precedent Binding on Subordinate Courts

The Calcutta High Court reaffirms that a second appeal can be dismissed for default if neither party appears and the matter is pending for an excessive period, in this case exceeding fifty years. This judgment follows established precedent, emphasizing procedural compliance and serving as a reminder for litigants and counsel regarding diligent prosecution. It has […]

LawSikho
September 15, 2025
2 Mins Read
64 Views
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What is the Legal Effect When a Writ Petition Is Dismissed as Withdrawn by the Calcutta High Court?

The Calcutta High Court, upon petitioners’ request, dismissed the writ petition as withdrawn, recording the withdrawal without entering on the merits. This order does not create, overrule, clarify, or interpret any legal precedent, and cannot be cited as binding or persuasive authority in future cases involving the same or related issues. Summary Category Data […]

LawSikho
September 15, 2025
3 Mins Read
74 Views
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Can Proceedings Declaring an Accused as “Proclaimed Person” Continue After Surrender, Trial, and Acquittal? – Precedent on Quashing Such Orders Under Section 482 CrPC

The Punjab & Haryana High Court clarifies that once an accused, previously declared a proclaimed person, surrenders, faces trial, and is acquitted, the original proclamation order and all consequential proceedings deserve to be quashed. The ruling upholds existing legal principles and serves as binding authority for subordinate courts dealing with similar circumstances in the criminal […]

LawSikho
September 15, 2025
4 Mins Read
82 Views
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Can Interim Anticipatory Bail Under Section 482 of BNSS, 2023 Be Made Absolute Upon Cooperation With Investigation?

The Punjab & Haryana High Court confirms that anticipatory bail granted as an interim measure—when the accused joins investigation and is no longer needed for custodial interrogation—may be made absolute, subject to conditions under Section 482(2) BNSS. The judgment delineates the non-blanket nature of such orders, upholds precedent regarding judicial discretion, and provides binding guidance […]

LawSikho
September 15, 2025
4 Mins Read
86 Views
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Can a Co-Sharer Obtain a Permanent Injunction Against Other Co-Sharers Without Proving Exclusive Possession Over a Specific Portion of Joint Land? – Reaffirmation of Existing Precedent by Punjab and Haryana High Court

Permanent injunction cannot be granted in favour of a co-sharer against other co-sharers in joint property unless exclusive possession over a defined portion is proved. The Punjab and Haryana High Court reiterates the established principle and dismisses an appeal seeking injunction based solely on co-ownership. This judgment stands as binding authority for subordinate courts within […]

LawSikho
September 15, 2025
5 Mins Read
72 Views
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Does the Punjab Village Common Lands (Regulation) Act, 1961 Bar Civil Court Jurisdiction over Cancellation of Panchayat Land Leases by Revenue Authorities? — High Court Reaffirms Exclusive Statutory Remedies

The High Court clarifies that Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961 expressly bars civil court jurisdiction regarding disputes over cancellation of leases of Gram Panchayat land, reaffirming that aggrieved parties must exhaust statutory remedies provided under the Act. The judgment upholds prior Division Bench precedent, maintaining binding authority for disputes […]

LawSikho
September 15, 2025
4 Mins Read
78 Views
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Can Financial Constraints or Misplacement of Court Records Constitute “Sufficient Cause” for Condonation of Delay Under Section 5 of the Limitation Act?

The High Court of Punjab and Haryana has reaffirmed that mere financial difficulties or the misplacement of records do not amount to “sufficient cause” for condoning inordinate delay under Section 5 of the Limitation Act. The judgment follows settled precedent and provides binding clarity for subordinate courts, confirming that courts must require cogent, satisfactory reasons […]

LawSikho
September 15, 2025
4 Mins Read
72 Views
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Can the High Court Quash Non-Compoundable Offences under the Bharatiya Nagrik Surakhsa Sanhita Based on Compromise? – Affirmation of Inherent Powers and Guidelines for Quashing

The Punjab & Haryana High Court reaffirms and applies prevailing precedent, holding that even non-compoundable offences under the BNS can be quashed based on genuine compromise where prosecution would serve no useful purpose and societal interests are not adversely affected. The decision draws on Supreme Court and Full Bench precedents and acts as binding authority […]

LawSikho
September 15, 2025
5 Mins Read
72 Views
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Can Habitual Absenteeism in Disciplined Forces Justify Dismissal Without Attracting the Proportionality Principle? — Existing Supreme Court Precedent Upheld as Binding Authority

Dismissal for repeated unauthorized absence by police personnel is neither procedurally infirm nor grossly disproportionate in habitual offender cases; High Court affirms prevailing Supreme Court standard and applies it to police service discipline. The judgment is binding precedent for all subordinate courts within jurisdiction, reinforcing strict standards of discipline in uniformed services. Summary Category […]