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

LawSikho
September 15, 2025
3 Mins Read
70 Views
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Does the Willingness of a Minor and Consent of Grandparents Justify Transfer of Custody to the Natural Guardian Mother? — Existing Principles Reaffirmed as Binding Authority

Court explicitly reaffirms that a natural guardian mother is entitled to custody of her minor child where the minor expresses willingness, and other interested relatives raise no objection; upholds existing legal principles and serves as binding precedent within its jurisdiction on custody matters involving similar facts. Summary Category Data Case Name CRWP/8988/2025 of KANIKA […]

LawSikho
September 15, 2025
3 Mins Read
80 Views
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Can Bail Be Granted When Alleged Cash Transactions Remain Unproved at the Investigation Stage Under the BNSS, 2023? – Affirmation of Precedent on Liberty and Bail Discretion

The court affirmed that, where no credible evidence of significant cash payments exists in the investigation record, prolonged custody pending trial would be unjustified; reaffirming existing principles prioritizing personal liberty, this judgment clarifies that bail can be granted in such circumstances under the new BNSS, 2023. This serves as binding authority for subordinate courts in […]

LawSikho
September 15, 2025
3 Mins Read
78 Views
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Does Pendency of Proclaimed Offender Status Bar Quashing of Criminal Proceedings Under Section 482 CrPC?

A criminal petition for quashing under Section 482 CrPC is not maintainable if the petitioners have been declared proclaimed persons; the High Court reaffirmed this procedural bar, thus binding all subordinate courts in Punjab and Haryana, and reinforcing the primacy of proclaimed offender orders as a threshold issue. Summary Category Data Case Name CRM-M/25479/2023 […]

LawSikho
September 15, 2025
3 Mins Read
78 Views
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Can High Courts Exercise Writ Jurisdiction to Resolve Disputed Private Factual Issues in the Film & Television Industry When State Responsibility Is Denied?

When deeply contested facts are raised among private parties, and the State refuses responsibility for operational matters in an industry, the High Court reaffirms the limits of its writ jurisdiction—holding such disputes are not amenable to writ adjudication; parties must pursue alternate remedies. Dismissal confirms existing precedent and is binding on all subordinate courts, particularly […]

LawSikho
September 15, 2025
5 Mins Read
112 Views
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Can Interest Be Awarded on Delayed Payment of Unutilised Privilege Leave Encashment Even If It Is Not Classified as a “Retiral Due”?

The Rajasthan High Court affirms that tribunals may award interest on delayed payments of unutilised privilege leave on retirement, even though such amounts do not fall within the definition of ‘retiral dues’ under Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996. The judgment rejects a technical reading that would exclude leave encashment from […]

LawSikho
September 15, 2025
2 Mins Read
64 Views
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When Does Failure to Comply With Suspension Conditions Lead to Revocation of Suspension of Sentence in Criminal Revisions? — Reaffirmation of Precedent by the High Court of Himachal Pradesh

The High Court of Himachal Pradesh reaffirmed that non-compliance with imposed conditions for suspension of sentence during criminal revision leads to revocation of that suspension. The judgment upholds existing precedent; lawyers should treat this as binding authority for similar non-compliance scenarios in all courts subordinate to the Himachal Pradesh High Court. Summary Category Data […]

LawSikho
September 15, 2025
5 Mins Read
84 Views
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Can a Suit Be Rejected Under Order VII Rule 11 CPC on the Sole Ground of an Order II Rule 2 CPC Bar?

A High Court ruling reaffirms that the bar under Order II Rule 2 CPC cannot be a standalone ground for rejecting a plaint at the threshold under Order VII Rule 11 CPC—it must be pleaded, an issue framed, and evidence led. This judgment follows and elaborates Supreme Court precedent, providing binding clarity for courts handling […]

LawSikho
September 15, 2025
4 Mins Read
74 Views
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Can High Courts Issue Directions to Authorities to Act Against Alleged Illegal Mining Under Expired Licenses?

The High Court reaffirmed its authority under Article 226 of the Constitution to direct government respondents to address allegations of illegal mining—especially where mining licenses have already expired—by requiring statutory action against concerned parties after due process. The decision upholds the existing scope of judicial power and serves as binding precedent on subordinate courts in […]

LawSikho
September 15, 2025
3 Mins Read
88 Views
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When a Pending Petition Cannot Be Traced and Parties Do Not Respond: Can the Court Dispose of the Matter for Want of Prosecution?

The High Court has affirmed that in situations where the judicial file cannot be traced and neither party cooperates by supplying the necessary documents or information—despite repeated opportunities—the court is justified in disposing of the petition. This judgment upholds existing practice and provides binding precedent for subordinate courts faced with similar administrative impasses. Summary […]

LawSikho
September 15, 2025
4 Mins Read
80 Views
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When Is Regular Bail Warranted for Undertrial Accused of Cheating and Immigration Offences? Clarification on Bail Principles and Conditions under Pretrial Detention

High Court sets out that continued detention is unwarranted where the accused has no past criminal record, is not shown to be a flight risk or likely to tamper with evidence, and investigation is complete; bail may be granted with appropriate conditions. Judgment applies established bail jurisprudence to facts and provides binding precedent for similar […]

LawSikho
September 15, 2025
4 Mins Read
64 Views
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Does Routine Administrative Delay by Government Justify Condonation of Inordinate Delay in Filing Written Statement? Delhi High Court Reaffirms Uniform Application of Order VIII Rule 1 CPC

The Delhi High Court reiterates that government departments are not entitled to special treatment regarding delay in filing written statements; condonation is permissible only in exceptional cases with specific, credible explanations. This judgment affirms existing precedent and serves as binding authority within the jurisdiction, with persuasive value elsewhere, particularly affecting litigation involving government entities. […]

LawSikho
September 15, 2025
4 Mins Read
72 Views
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Can a Civil Servant Claim Retrospective Promotion When He Does Not Qualify the Departmental Exam and Seeks Relief After Significant Delay?

The Chhattisgarh High Court has reaffirmed that retrospective promotion cannot be granted if the employee fails to clear the departmental examination required for promotion, and if the legal challenge is brought after an unexplained and substantial delay. This ruling upholds established precedent and is binding within the State of Chhattisgarh for service law disputes involving […]