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

LawSikho
September 15, 2025
4 Mins Read
80 Views
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Can Proceedings Under Section 174-A IPC Be Quashed When the Main Complaint Under Section 138 NI Act Is Withdrawn After Settlement? – Reaffirmation of Precedent by the Punjab & Haryana High Court

The court reaffirms that once the underlying complaint under Section 138 of the NI Act is withdrawn due to settlement, continuation of prosecution under Section 174-A IPC amounts to abuse of process. This judgment upholds established precedent, serving as binding authority for similar cases under the Punjab & Haryana High Court’s jurisdiction, particularly in cheque […]

LawSikho
September 15, 2025
5 Mins Read
76 Views
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When is Compliance With Court Directions Adequate to Ward Off Contempt? Reaffirmation of Requirements for Disposal of Contempt Petitions Post-Compliance

The High Court clarified that once the respondent demonstrates compliance with the court’s prior directions—by issuing a well-reasoned, speaking order within the stipulated timeframe—the contempt petition stands disposed of, while leaving it open to the petitioner to challenge any alleged defects in such compliance through proper legal channels. This judgment upholds existing precedent on contempt […]

LawSikho
September 15, 2025
3 Mins Read
80 Views
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Can a Subsequent Application Be Allowed When an Identical Previous Application Attained Finality? High Court Reaffirms Principle of Finality of Orders

The High Court has clarified that once an application is dismissed and the order attains finality (not having been challenged), a subsequent identical application on the same ground cannot be entertained. This judgment upholds settled precedent on the finality of judicial orders and is binding authority for subordinate courts in the jurisdiction. Summary Category […]

LawSikho
September 15, 2025
4 Mins Read
82 Views
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Are Filial Consortium and Enhanced Compensation Under “Conventional Heads” Mandatorily Payable to Deceased’s Mother and Siblings in Motor Accident Claims?

Punjab & Haryana High Court confirms that, post–Pranay Sethi and Magma General Insurance, compensation for loss of estate, funeral expenses (with 20% increase), and filial consortium (to mother and siblings) is obligatory; deduction for deceased bachelor’s income at 50% is maintained. Reaffirms and applies Supreme Court precedent; binding on subordinate courts. Summary Category Data […]

LawSikho
September 15, 2025
4 Mins Read
62 Views
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Does Non-Specification of Passage ‘Khasra Number’ in Revenue Records Defeat Establishment of Right of Way? High Court Reverses Appellate Court for Overlooking Demarcation Evidence

The High Court clarifies that credible oral and documentary evidence from official demarcation proceedings and contemporaneous conduct can establish the existence of a right of way, even if khasra numbers are not specifically mentioned in revenue records; upholds trial court decree, sets aside lower appellate court’s finding as unsustainable. This serves as binding precedent for […]

LawSikho
September 15, 2025
3 Mins Read
106 Views
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Can High Courts Dismiss Petitions Without a Speaking Order? – Clarification on Judicial Duty of Reasoned Decisions

The Punjab and Haryana High Court has reaffirmed that dismissal orders must contain judicial reasoning and cannot be unreasoned or non-speaking. The judgment upholds existing precedent, reaffirming the binding obligation of courts to pass reasoned orders and maintaining established standards for judicial decision-making; it is binding authority for subordinate courts and persuasive for other courts. […]

LawSikho
September 15, 2025
3 Mins Read
64 Views
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Can a High Court Direct Investigation by an Independent Agency or Senior Police Officer under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 After Filing of a Cancellation Report?

The High Court dismissed as withdrawn a petition seeking transfer of investigation to an independent agency once a cancellation report had already been filed, reiterating that such petitions do not survive. The case maintains the status quo in procedural law and serves as binding precedent for lower courts within the Punjab and Haryana High Court’s […]

LawSikho
September 15, 2025
1 Min Read
90 Views
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What Is the Precedential Value When a Writ Petition Is Dismissed as Withdrawn? Does Such an Order Create Binding or Persuasive Authority?

Where a writ petition is dismissed as withdrawn without a decision on merits, the order does not establish any binding or persuasive precedent for future cases. The court simply records the request and orders dismissal without addressing substantive legal issues, maintaining the status quo within judicial precedent. Summary Category Data Case Name WPSB/237/2025 of […]

LawSikho
September 15, 2025
5 Mins Read
74 Views
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Can Proceedings Under Section 174-A IPC Be Quashed When the Underlying Complaint Under Section 138 NI Act Is Withdrawn Due to Settlement?

Quashing proceedings under Section 174-A IPC is justified where the initial declaration as a proclaimed offender stemmed from a Section 138 NI Act complaint that has since been withdrawn owing to amicable settlement. The judgment affirms the prevailing position adopted in prior Punjab & Haryana High Court decisions and can be cited as binding authority […]

LawSikho
September 15, 2025
4 Mins Read
88 Views
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When is a Contempt Petition Rendered Infructuous Due to Compliance with the Original Judicial Order?

A single-judge decision of the Punjab & Haryana High Court reaffirms that contempt petitions become infructuous when the respondent authority demonstrates complete compliance with the earlier court order and passes a well-reasoned speaking order as directed. The judgment affirms existing precedent, offering binding authority within the jurisdiction for contempt proceedings in administrative/retiral benefit disputes. […]

LawSikho
September 15, 2025
4 Mins Read
76 Views
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Can Contempt Proceedings Be Initiated Years After a Status Quo Order? High Court Reaffirms Limits and Dismissal Grounds

The High Court clarifies that contempt is not maintainable in respect of old orders when certain procedural and factual barriers exist, reaffirming the established precedent from the Supreme Court and providing binding authority for subordinate courts on this issue. Summary Category Data Case Name COCP/1558/2023 of M/S AMBIENCE FARMS PVT. LTD. Vs AJIT BALAJI […]

LawSikho
September 15, 2025
3 Mins Read
70 Views
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Does the Failure to Communicate Compliance with a Judicial Direction Amount to Contempt in the Absence of Willful Disobedience?

The court held that mere failure to communicate an order or action taken, without willful disobedience, does not constitute contempt of court. This judgment affirms existing precedent and clarifies the standard for initiating contempt in administrative compliance matters, especially for government authorities. It is binding on all subordinate courts within the jurisdiction. Summary Category […]