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

LawSikho
September 15, 2025
3 Mins Read
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Can the State Proceed With Appeals in Land Acquisition Compensation Cases Where Enhancement Is Below Four Times the Original Award, After the Government’s Policy Decision Not to Appeal?—Bombay High Court Reaffirms Policy’s Binding Nature

The Bombay High Court has confirmed that, as per Government Resolutions dated 03.11.2016 and 23.02.2017, the State must not prosecute or maintain appeals against Land Acquisition enhancement awards where the increase does not exceed four times the original amount. This judgment upholds and applies the executive policy, solidifying its precedential value for similar land acquisition […]

LawSikho
September 15, 2025
4 Mins Read
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When Can the State Appeal Enhancement of Compensation in Land Acquisition Cases? Clarifying the Impact of Government Policy Resolutions on Appellate Rights

The Bombay High Court has reaffirmed that where the Reference Court’s enhancement of compensation is within four times the amount awarded by the Special Land Acquisition Officer (SLAO), and the State’s own Government Resolution prohibits appeals in such cases, first appeals by the State are to be dismissed. This ruling upholds departmental policy, clarifies limits […]

LawSikho
September 15, 2025
2 Mins Read
62 Views
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When Can a Miscellaneous Civil Application Be Dismissed for Non-Prosecution? Reaffirming Procedural Discretion in the Bombay High Court

The judgment reiterates the High Court’s authority to dismiss a Miscellaneous Civil Application for want of prosecution when parties remain absent despite repeated opportunities. The ruling upholds established precedent concerning procedural discipline and is binding on subordinate courts within the jurisdiction. Summary Category Data Case Name MCA/100/2025 of PRIYA W/O MAYUR BHAGWAT Vs MAYUR […]

LawSikho
September 15, 2025
5 Mins Read
84 Views
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Can a Long-Serving Employee Be Regularized to a Technical Post Without the Requisite Qualification? Himachal Pradesh High Court Affirms Need for Essential Technical Credentials

The Court held that practical experience alone does not suffice for regularization into a technical post such as electrician; the absence of an essential technical qualification, like an ITI certificate, is fatal to such a claim. The judgment upholds prior precedent on the necessity of statutory qualifications, distinguishing earlier cases dealing with non-technical or clerical […]

LawSikho
September 15, 2025
3 Mins Read
70 Views
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Does Failure to Produce Comparable Market Value Evidence Undermine Plaintiff’s Claim Regarding Valuation of Gifted Property? High Court Reaffirms Trial Court’s Reliance on Deed Recitals and Valuation Report

The Calcutta High Court upheld the lower court’s approach, ruling that in the absence of plaintiff’s evidence on local market rates, reliance on deed recitals and an official valuation is proper. The decision reaffirms existing principles for property valuation disputes and serves as binding authority for subordinate courts on evidentiary sufficiency in such cases. […]

LawSikho
September 15, 2025
3 Mins Read
104 Views
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Can Anticipatory Bail Be Granted Under BNS, 2023 Where the Accused Has Direct Allegations and Criminal Antecedents? — Reaffirmation of Judicial Discretion by High Court

Jharkhand High Court upholds the principle that specific and direct allegations combined with criminal antecedents justify denial of anticipatory bail under the Bharatiya Nyaya Sanhita, 2023. The decision aligns with existing precedent and serves as binding authority on subordinate courts in Jharkhand. Summary Category Data Case Name A.B.A./5235/2025 of RAM KUMAR RAY ALIAS BHAIRAV […]

LawSikho
September 15, 2025
3 Mins Read
92 Views
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Does the Existence of Direct Allegations and Criminal Antecedents Bar the Grant of Anticipatory Bail under the BNS, 2023?

The Court reaffirmed that a named accused with direct allegations and criminal antecedents is not entitled to anticipatory bail, even under the new legal regime of the BNS, 2023. This judgment follows existing precedent and signals that prior evaluative criteria for anticipatory bail remain fully applicable. It thus serves as binding authority for subordinate courts […]

LawSikho
September 15, 2025
3 Mins Read
90 Views
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Can a Criminal Revision Petition Be Withdrawn With Liberty to Raise All Grounds at Trial?

The High Court of Jharkhand permitted withdrawal of the criminal revision petition, granting the petitioner liberty to raise all grounds during the trial. The order neither sets new precedent nor modifies existing law; it holds no binding value beyond the parties involved. Summary Category Data Case Name Cr.Rev./382/2024 of DEEPAK KUMAR JHA Vs THE […]

LawSikho
September 15, 2025
3 Mins Read
80 Views
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Does the Expeditious Disposal of Proceedings Become Infructuous Once the Authority’s Decision Is Rendered?

A writ petition seeking expeditious disposal becomes infructuous if, during its pendency, the requested proceeding is already concluded by the authority. This judgment affirms the established procedure and is binding within Uttarakhand, providing persuasive value elsewhere, particularly in administrative and revenue litigation contexts. Summary Category Data Case Name WPMS/2371/2025 of MS RAM ASSOCIATES VIKAS […]

LawSikho
September 15, 2025
4 Mins Read
76 Views
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When Can a High Court Transfer Investigation from State Police to C.I.D.? Scope, Limits and Directions under Article 226—Precedent and Practical Application

Calcutta High Court clarifies that transfer of investigation from State Police to C.I.D. is warranted where investigative omissions undermine justice; affirms Supreme Court precedent, setting a binding standard for future cases on police investigation transfers in West Bengal. Summary Category Data Case Name WPA/13985/2023 of X Vs STATE OF WEST BENGAL AND ORS. CNR […]

LawSikho
September 15, 2025
5 Mins Read
68 Views
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When Should High Courts Transfer Investigation From Local Police to C.I.D.: Clarifying Guiding Principles and Authority Under Established Precedent

The Calcutta High Court reaffirmed the principle that when local police investigations exhibit material omissions or lack sensitivity, the High Court is empowered to transfer investigation to the C.I.D. or another appropriate agency, in line with settled Supreme Court jurisprudence. This judgment upholds existing precedent and provides a binding authority for similar fact situations where […]

LawSikho
September 15, 2025
5 Mins Read
98 Views
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Can Mere “Gravity of Offence” Justify Denial of Bail to Juveniles Under Section 12 JJ Act? Clarification of Grant of Bail Criteria by High Court of Jharkhand

The High Court of Jharkhand has reaffirmed that seriousness or gravity of the alleged offence, age above 16 years, or the nature of allegation alone are not legitimate grounds to deny bail to a juvenile under Section 12 of the JJ Act, 2015; instead, courts must record reasonable grounds for each of the three statutory […]