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

LawSikho
September 15, 2025
3 Mins Read
92 Views
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Can a Party File a Repeat Application for Voice Sample After Earlier Dismissal—Finality of Interlocutory Orders Challenged Under Article 227?

A High Court judgment affirms that once an application (for production of a voice sample in civil litigation) is dismissed and not challenged further, that order attains finality and precludes filing of an identical subsequent application. The ruling upholds the principle of finality of judicial orders, following established precedent, and is binding on subordinate courts […]

LawSikho
September 15, 2025
6 Mins Read
74 Views
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When Are “Loss of Consortium” and Increased Conventional Heads Mandatorily Payable to Families of Deceased Bachelors in Motor Accident Claims? — Reaffirmation and Clarification of Supreme Court Guidelines

The judgment clarifies that families of deceased bachelors are entitled to “loss of consortium” and revised sums under conventional heads (loss of estate, funeral expenses), in line with recent Supreme Court judgments. The Punjab & Haryana High Court strictly follows and applies binding Supreme Court precedent, sharpening uniformity in the calculation of compensation in Motor […]

LawSikho
September 15, 2025
5 Mins Read
72 Views
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Does Non-Specification of Khasra Number Defeat Documentary and Oral Evidence of Existing Passage? Clarification on the Weight of Demarcation Reports and Revenue Records in Permanent Injunction Disputes

A High Court judgment clarifies that failure to specify khasra numbers does not defeat cogent documentary and oral evidence, including revenue demarcation reports and site plans, which can establish the existence of a passage. The ruling restores the primacy of evidenced-based findings over technical objections, reaffirming trial court methodology and serving as a binding authority […]

LawSikho
September 15, 2025
3 Mins Read
74 Views
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Reaffirmation of Court Discretion and Procedural Flexibility under Articles 226/227 — Binding Authority for Relief Withdrawal in Original Jurisdiction

The court reaffirmed that, upon a petitioner’s request highlighting inadvertent errors and missing documents, withdrawal of a writ petition under Articles 226/227 of the Constitution can be permitted with liberty to file afresh. This order upholds procedural precedent in the writ jurisdiction and serves as binding authority for future petitions seeking similar withdrawal and liberty. […]

LawSikho
September 15, 2025
3 Mins Read
80 Views
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When Can Withdrawal of a Criminal Petition Be Sought with Liberty to Re-approach the Court?

Withdrawal of a quashing petition was permitted with express liberty to re-approach upon filing of a final police report under Section 173(2) CrPC. The Court maintains established procedural practice, reaffirming existing law without creating new substantive precedent; binding on subordinate courts in similar circumstances in Haryana. Summary Category Data Case Name CRM-M/4430/2024 of TIRUPATI […]

LawSikho
September 15, 2025
6 Mins Read
74 Views
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Can a High Court Review Its Own Judgment Merely on Grounds of Error in Factual Appreciation or Denial of Opportunity to Peruse Original Records? — Reaffirmation of Limited Scope of Review Jurisdiction

The Jharkhand High Court has reaffirmed that its power of review under Article 226 is strictly confined to correcting errors apparent on the face of the record, and does not extend to re-examining its conscious findings or treating a review as an appeal. The judgment upholds established precedent on the narrow contours of review jurisdiction […]

LawSikho
September 15, 2025
4 Mins Read
78 Views
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Can the State Be Mandated Under Writ Jurisdiction to Resolve Disputes Within the Film and Television Industry? — Reaffirmation of Limits on Public Law Intervention in Private or Inter Se Industry Matters

The Calcutta High Court reaffirms that, in the absence of statutory obligation, the State is not bound to resolve internal or inter se disputes within the film and television industry through writ jurisdiction. The judgment upholds established precedent regarding the non-intervention of courts in disputed questions of fact and clarifies the limits of judicial review […]

LawSikho
September 15, 2025
4 Mins Read
86 Views
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Does Delayed Payment of Unutilised Privilege Leave Entitle Retired Government Servants to Interest? High Court Affirms Tribunal’s Power to Award Interest Despite Technical Exclusion from “Retiral Dues”

Rajasthan High Court clarifies that even though unutilised privilege leave encashment is not classified as “retiral dues” under relevant rules, Tribunals retain inherent authority to grant interest for delayed payment; affirms that such interest awards are not exorbitant and can be cited as binding precedent within Rajasthan’s jurisdiction. Summary Category Data Case Name CW/11843/2025 […]

LawSikho
September 15, 2025
5 Mins Read
114 Views
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Can a Sentence of Imprisonment Under Section 304-A IPC Be Reduced to Period Already Undergone Owing to Long Delay and Good Conduct?

The Punjab & Haryana High Court reaffirmed that, even after confirming the conviction for rash and negligent driving under Section 304-A IPC, courts may reduce the substantive sentence to the period already undergone on grounds such as protracted proceedings and clean antecedents. Relying on Supreme Court precedent, the judgment clarifies sentencing discretion and stands as […]

LawSikho
September 15, 2025
4 Mins Read
112 Views
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Can Criminal Proceedings Based on an FIR be Quashed Under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 on the Basis of a Compromise Between Private Parties? – Reaffirmation of Existing Precedent by the High Court of Punjab and Haryana

The High Court of Punjab and Haryana reaffirmed that criminal proceedings arising out of private disputes can be quashed under Section 528 of the BNSS, 2023 when parties effect a genuine compromise, following prior Supreme Court and Full Bench High Court precedents. This judgment upholds the existing legal position and serves as binding authority for […]

LawSikho
September 15, 2025
4 Mins Read
86 Views
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Can Disclosure Statement Alone Be the Basis for Arrest or Denial of Anticipatory Bail in NDPS Cases? — Clarification on the Scope of Section 482 BNSS

The High Court clarifies that mere nomination of an accused solely on the basis of a co-accused’s disclosure statement is insufficient to justify custodial interrogation or denial of anticipatory bail where no incriminating recovery is effected from the applicant and the recovered contraband from the co-accused is of non-commercial quantity. This serves as binding precedent […]

LawSikho
September 15, 2025
5 Mins Read
76 Views
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Does the Principle of Parity Mandate Grant of Enhanced Compensation for Land Acquisition Based on Supreme Court Precedent? — Upholding Existing Law as Binding Authority

The High Court of Punjab and Haryana has reaffirmed that when compensation for land acquisition in a given notification has been enhanced by the Supreme Court for similarly situated landowners, other affected landowners must be granted identical relief by application of the principle of parity. This decision follows and applies binding authority established in “Banwari […]