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

LawSikho
September 10, 2025
4 Mins Read
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Are Recruitment Advertisement Conditions for Judicial Service Appointments Strictly Mandatory, or Can Deviations Be Relaxed Based on Equity or Compassion?

The High Court restates that terms of recruitment advertisements, such as mandatory signature requirements on each page of application forms, are sacrosanct and strictly enforceable; courts cannot relax them based on sympathy or individual hardship. This approach directly affirms established Supreme Court precedent and applies to all judicial and public service recruitment processes. Summary […]

LawSikho
September 10, 2025
5 Mins Read
44 Views
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Does Compensation Under the Motor Vehicles Act for Deceased Agricultural Landowners Necessarily Require Assessment Using Minimum Wages and Future Prospects? (Clarification, Upheld by High Court—Binding Authority)

The Punjab and Haryana High Court clarified that minimum wages for skilled workers must guide the income assessment for deceased agricultural landowners, with a 10% increase for future prospects as per Supreme Court precedent. The ruling modifies standard compensation calculations, reaffirming Supreme Court law and serving as binding authority for tribunals within its jurisdiction. […]

LawSikho
September 10, 2025
5 Mins Read
40 Views
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Is Reinstatement with Continuity and Back Wages Mandatory Where Termination Violates Sections 25-F & 25-G of the Industrial Disputes Act?

The High Court reaffirmed that termination of workmen in violation of Sections 25-F and 25-G of the Industrial Disputes Act, 1947, entitles aggrieved employees to reinstatement with continuity of service and partial back wages. By following prior Division Bench authority, the Court dismissed the State’s writ petition, confirming the judgment’s binding impact within the jurisdiction. […]

LawSikho
September 10, 2025
5 Mins Read
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Can Proceedings for Non-Compoundable Matrimonial Offences Be Quashed Under Section 482 CrPC/Section 528 BNSS When Parties Amicably Settle? | Existing Precedent Reaffirmed – Binding Authority

Quashing of FIRs and criminal proceedings under non-compoundable matrimonial offences (including Section 498-A IPC) is permissible in exercise of inherent powers, when parties reach a genuine settlement with no element of coercion. The High Court reaffirmed and applied Supreme Court and Full Bench precedent, clarifying that such orders may be passed to secure the ends […]

LawSikho
September 10, 2025
2 Mins Read
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Clarification on the principle of judicial disposal of contempt petitions upon respondent’s compliance, and the live utility of such orders as binding authority.

A contempt petition becomes infructuous and is disposed of when both parties agree that the original order has been fully complied with. This clarification upholds established precedent and confirms that such orders hold limited binding authority, primarily illustrating procedural closure within contempt jurisdiction in the High Courts. Summary Category Data Case Name COCP/3898/2025 of […]

LawSikho
September 10, 2025
3 Mins Read
42 Views
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Does Joining Proceedings After Execution of Non-Bailable Warrants Justify Quashing the Warrants?

Clarification on the Court’s Approach Under Section 528, BNSS – Existing Principles Reaffirmed Binding Authority for Subordinate Courts on Procedural Handling of Non-Appearance Cases Summary Category Data Case Name CRM-M/23844/2025 of JASWINDER SINGH Vs STATE OF HARYANA AND ANR CNR PHHC010688922025 Date of Registration 01-05-2025 Decision Date 02-09-2025 Disposal Nature DISPOSED OF Judgment Author […]

LawSikho
September 10, 2025
4 Mins Read
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Does Engagement as a “Voluntary Motivator” Without Employer-Employee Relationship Entitle to Regularization? – High Court Reaffirms Distinction and Dismisses LPA

The Punjab and Haryana High Court has reaffirmed that individuals engaged as Motivators/Master Motivators on a purely voluntary, incentive-based basis, with no employer-employee relationship, are not entitled to regularization of their services. The Division Bench upheld the Single Judge’s dismissal, confirming the continued validity of precedent regarding regularization in such factual circumstances. This judgment is […]

LawSikho
September 10, 2025
4 Mins Read
56 Views
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Does Section 145 of the Electricity Act, 2003 Bar Civil Court Jurisdiction Over Electricity-Related Disputes? | Precedent Affirmed as Binding Authority

The Punjab and Haryana High Court reaffirms, in line with recent Division Bench authority, that Section 145 of the Electricity Act, 2003 expressly excludes civil court jurisdiction in matters covered by the Act. This decision follows existing precedent, providing binding authority on jurisdictional bar in electricity sector disputes for all subordinate courts within the High […]

LawSikho
September 10, 2025
4 Mins Read
42 Views
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Does Section 145 of the Electricity Act, 2003 Bar the Jurisdiction of Civil Courts? Clarification and Affirmation by the High Court

The High Court affirms that, in light of the Division Bench decision in “Mahesh Kumar v. Sub Divisional Officer and Another,” Section 145 of the Electricity Act, 2003 bars civil court jurisdiction where applicable; this ruling upholds and applies existing precedent and is binding on subordinate courts within its territorial jurisdiction. Summary Category Data […]

LawSikho
September 10, 2025
4 Mins Read
50 Views
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Can Anticipatory Bail Be Granted in Cases Involving Aggravated Penetrative Sexual Assault on a Minor Under the POCSO Act and Bharatiya Nyaya Sanhita?

The High Court reaffirmed that in cases involving grave allegations of aggravated penetrative sexual assault on a minor, as under Section 6 of the POCSO Act and analogous sections of the Bharatiya Nyaya Sanhita, anticipatory bail will generally not be granted. This judgment upholds existing precedent and has binding effect for similar cases in the […]

LawSikho
September 10, 2025
3 Mins Read
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Can Criminal Proceedings Under Sections 498A/406 IPC Be Quashed Upon Settlement Between Matrimonial Parties?

Court holds that it is in the interest of justice to quash FIRs under Sections 498A/406/34 IPC when matrimonial disputes are settled, including full and final settlement of stridhan and alimony. This judgment reaffirms settled law and provides binding guidance for subordinate courts dealing with similar matrimonial offences following compromise between parties. Summary Category […]

LawSikho
September 10, 2025
5 Mins Read
40 Views
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Does an Assessment Order Under GST Require the Assessing Officer’s Signature to Be Valid? — High Court of Andhra Pradesh Affirms Existing Precedent

The Andhra Pradesh High Court holds that absence of a signature on a GST assessment order renders it invalid; affirms and follows earlier Division Bench decisions; clarification provides binding authority for all similar proceedings statewide, excluding unsigned orders from limitation calculation. Summary Category Data Case Name WP/21892/2025 of RCC ENGINEERING PRIVATE LIMITED Vs DEPUTY […]