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

LawSikho
September 10, 2025
4 Mins Read
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Can a High Court Require Pre-Deposit for Interim Stay in Tax Appeals When GST Tribunal Is Not Constituted? – Binding Affirmation of Judicial Discretion

The Calcutta High Court confirms that, in the absence of a functioning GST tribunal, the High Court may validly require pre-deposit of a percentage of disputed tax as a condition for granting interim stay—affirming existing law and the Single Judge’s discretion. This decision is binding precedent for tax disputes in the jurisdiction and upholds established […]

LawSikho
September 10, 2025
5 Mins Read
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Is a Promissory Note Invalid If Executed on Stamp Paper Purchased in Another’s Name? Clarification on Admissibility & Section 35 of Stamp Act

Madras High Court upholds that once a document is admitted in evidence, its admissibility cannot be challenged based on breach of Stamp Rules; affirms and clarifies existing precedent on Section 35 and Section 36 of the Indian Stamp Act, providing authoritative guidance for money recovery suits based on negotiable instruments. Summary Category Data Case […]

LawSikho
September 10, 2025
7 Mins Read
54 Views
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When Should Appellate Courts Interfere with Convictions & Acquittals under Section 149 r/w 302 IPC? Clarifying Standards for Review of Evidence and Benefit of Doubt

The Madras High Court comprehensively reaffirms established Supreme Court precedent: appellate interference in criminal convictions and acquittals, especially for large-scale mob violence, requires careful weighing—not mere counting—of evidence, close attention to contradictions and omissions, and reinforces the primacy of the benefit of doubt. This judgment is binding within Tamil Nadu and serves as persuasive authority […]

LawSikho
September 10, 2025
5 Mins Read
48 Views
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Does Section 12 of the Juvenile Justice Act Require Bail to Be Granted to All Juveniles, Regardless of the Nature of the Offence or Age, Unless Specific Statutory Exceptions Apply?

The Jharkhand High Court reiterates that, under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, bail is the rule for all juveniles in conflict with law—irrespective of age or seriousness of the alleged offence—unless release is shown to bring the juvenile into association with known criminals, expose them to danger, […]

LawSikho
September 10, 2025
7 Mins Read
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Can Liability for Enhanced Land Acquisition Compensation Be Shifted to a Transferee in View of a Scheme of Arrangement and Tripartite Agreement When the Proceedings Arose Before the Effective Date? Clarification and Reaffirmation of Law by the Himachal Pradesh High Court – Precedent Confirmed on Scope of Liability Transfer in Civil Execution under Article 227

The Himachal Pradesh High Court held that, where a scheme of arrangement and tripartite agreement clearly restricts transfer of pre-effective date litigation or contingent liabilities, liability for enhanced land acquisition compensation arising from proceedings initiated before the transfer date remains solely with the original beneficiary (here, Jaiprakash Associates Ltd.), not the transferee (UltraTech Cement Ltd.). […]

LawSikho
September 10, 2025
5 Mins Read
40 Views
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Can a Writ Petitioner Seek Service Benefits on Parity With Earlier Regularised Employees After Long Delay? – Calcutta High Court Reaffirms Bar on Stale or Belated Service Claims

The Calcutta High Court reiterates that delayed claims for retrospective service benefits—especially after long-settled appointments and restructuring—cannot be entertained in writ jurisdiction. The decision upholds established Supreme Court precedents in public employment matters, limiting the scope for similarly placed but belated petitioners to seek parity. This remains binding authority within the jurisdiction. Summary Category […]

LawSikho
September 10, 2025
4 Mins Read
48 Views
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Can a Sub-Registrar Refuse to Receive a Sale Deed for Registration from a Co-sharer Without Stating Written Reasons?

The Orissa High Court reiterates that Sub-Registrars cannot orally refuse to accept documents for registration, including sale deeds presented by co-sharers; refusal (if any) must be in writing with reasons as per law. This judgment upholds established legal principles and is binding precedent for all subordinate authorities and practitioners handling registration of property, especially joint […]

LawSikho
September 10, 2025
4 Mins Read
52 Views
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Can a Statutory Appointing Authority’s Discretion to Issue No Objection Certificates for Teachers Be Curtailed by Executive Instructions? — Precedent for Limits on Higher Administrative Circulars

The High Court of Uttarakhand reaffirmed that only the statutory appointing authority, as defined by recruitment rules, is empowered to decide on issuance of No Objection Certificates (NOCs) for Assistant Teachers; executive instructions from superior administrative officers that curtail this discretion are ultra vires and cannot override statutory authority. This decision follows and clarifies existing […]

LawSikho
September 10, 2025
5 Mins Read
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Can Dependents Appointed as Daily Wagers on Compassionate Grounds Claim Regularisation Based on Extended Service? Supreme Precedent Affirmed; Representations Permitted, But No Direct Mandamus for Regularisation

The High Court of Uttarakhand reaffirms the bar on treating dependents of daily wage or work-charged employees, appointed on compassionate grounds, as “regular” government servants under Dying in Harness Rules, following Full Bench precedent. Petitioners are permitted to seek regularisation by making representations, but the Court does not grant direct regularisation. The decision clarifies the […]

LawSikho
September 10, 2025
4 Mins Read
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Does Delay in Release of Retirement Benefits Due to Lack of Funds Amount to Illegality or Violation of Constitutional Rights Under Articles 14, 21, and 300(A)?

The High Court for the State of Telangana held that prolonged delay in payment of statutory retirement benefits due to government fund shortages is not legally justified and directed prompt payment within twelve weeks. The Court’s directive affirms the right to timely retirement dues as a constitutional guarantee under Articles 14, 21, and 300(A), reinforcing […]

LawSikho
September 10, 2025
3 Mins Read
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When Can a High Court Mandate Timely Release of Pensionary Benefits for Retired Government Employees?

High Court reaffirms that withholding of statutory pensionary dues due to alleged “dearth of funds” is neither justified nor tenable; issues binding directions for time-bound release of benefits. Judgment upholds existing precedent that courts may intervene to protect the rights of retired government servants, reinforcing administrative accountability in service matters—binding authority for subordinate courts and […]

LawSikho
September 10, 2025
5 Mins Read
62 Views
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Can an Appellate Court Modify a Decree in Appeal Under Order 21 Rule 103 CPC When an Obstructor Fails to Establish an Independent Right? Existing Principles Reaffirmed, Precedent Value Clarified

The Calcutta High Court has reaffirmed that an appellate court hearing an appeal under Order 21 Rule 103 of the Code of Civil Procedure (CPC) lacks the power to modify or alter the original trial court decree, especially where the resisting party fails to demonstrate an independent right distinct from the judgment-debtor. This ruling upholds […]