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

LawSikho
September 15, 2025
6 Mins Read
66 Views
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Does the Burden of Proof Under Section 9 of the Foreigners Act, 1946 Rest Solely on the Proceedee? Reaffirmation of Law on Citizenship Disputes Before the Foreigners’ Tribunal

The Gauhati High Court reiterates that in proceedings under the Foreigners Act, 1946, the onus to prove Indian citizenship lies entirely with the proceedee, and documentary evidence must be cogent, consistent, and properly proved. This decision upholds existing precedent and provides binding authority on the approach towards appreciation of evidence and burden of proof in […]

LawSikho
September 15, 2025
6 Mins Read
76 Views
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When Does the Failure to Prove Due Execution and Attestation Render a Will Invalid Under the Indian Succession Act?

Existing Supreme Court and statutory requirements reaffirmed as binding precedent on will validity; High Court of Chhattisgarh’s judgment clarifies evidentiary burden under Section 63 of Succession Act and Section 68 Evidence Act Summary Category Data Case Name SA/1264/1999 of SMT.MUKTA SONI Vs GOKUL PRASAD CNR CGHC010012531999 Date of Registration 01-01-1999 Decision Date 10-09-2025 Disposal […]

LawSikho
September 15, 2025
4 Mins Read
72 Views
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Can Service Charges on E-Registration Be Challenged Without Directly Impugning the Enabling Notification? Judgment Upholds Existing Precedent; Service Charges Levied by Sub-Registrar Based on Unchallenged Notification Deemed Lawful—Binding Authority for Chhattisgarh Courts

The court reaffirmed that unless the underlying governmental notification authorising a per-page service charge for e-registration is specifically challenged, the levy cannot be struck down merely by contesting individual demands. The judgment upholds settled law—no illegality found in applying service charges as per existing notifications. This decision is binding within Chhattisgarh and provides persuasive value […]

LawSikho
September 15, 2025
3 Mins Read
94 Views
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When Does a Criminal Revision Become Infructuous Under Sections 397/401 CrPC? Clarifying the Scope of Dismissal Without Adjudication on Merits

The Andhra Pradesh High Court has reaffirmed that a criminal revision under Sections 397/401 CrPC can be dismissed as infructuous if circumstances warrant, without pronouncement on the merits. This order upholds existing procedural precedent and reinforces that such dismissals carry no precedential value on substantive legal issues. Summary Category Data Case Name CRLRC/1303/2017 of […]

LawSikho
September 15, 2025
5 Mins Read
76 Views
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Can Disputed Questions of Fact in Pure Contractual Matters Be Adjudicated in Writ Jurisdiction Under Article 226? Practical Limits on High Court Interference Reaffirmed

The High Court of Chhattisgarh reaffirms that writ jurisdiction under Article 226 is not the proper remedy for resolving contractual disputes involving disputed questions of fact, particularly where no statutory duty is involved; parties are relegated to alternate remedies. Existing precedent is upheld, making this a binding authority for all subordinate courts within the state. […]

LawSikho
September 15, 2025
5 Mins Read
100 Views
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Can State Authorities Levy Service Charges for e-Registration Under Notification Without Direct Challenge to Its Validity?

The Chhattisgarh High Court held that service charges levied under a State Government notification for e-registration are valid in the absence of a direct legal challenge to the notification itself. The court upheld established precedent, emphasizing that mere challenge to the levy, without challenging the notification, is insufficient. This decision is binding on all subordinate […]

LawSikho
September 15, 2025
7 Mins Read
70 Views
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Does an Arbitral Award Require All Arbitrators’ Signatures or Stated Reasons for Omission? Andhra Pradesh High Court Affirms the Validity of Majority-Signed Awards with Separate Dissent

The Andhra Pradesh High Court confirms that, under Section 31(1) & (2) of the Arbitration & Conciliation Act, 1996, an arbitral award signed by the majority is valid, provided dissenting or separate opinions are also signed—even if reasons for omitted signatures are not expressly stated. This decision upholds Supreme Court and coordinate bench precedent and […]

LawSikho
September 15, 2025
6 Mins Read
72 Views
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When Can a Conviction for Murder Based Solely on Circumstantial Evidence Be Set Aside? Clarifying the Law on “Complete Chain” and Benefit of Doubt in Criminal Trials

Chhattisgarh High Court reaffirms that in cases relying entirely on circumstantial evidence for murder, all circumstances must form a complete chain excluding every hypothesis except the accused’s guilt; doubts or missing links entitle the accused to acquittal. This judgment upholds established Supreme Court precedent and serves as binding authority within the state. Summary Category […]

LawSikho
September 15, 2025
5 Mins Read
64 Views
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When Is Conviction Under Sections 307/34 IPC Unsustainable Due to Lack of Overt Act or Common Intention? – Reaffirmation of Principles Governing Attempt to Murder and Common Intention

The Chhattisgarh High Court clarifies that, for conviction under Sections 307/34 IPC, clear overt acts and common intention must be established against each accused; general allegations are insufficient. The decision applies and affirms binding precedents and provides an authoritative restatement for criminal defence practice and trial courts. Summary Category Data Case Name CRA/519/2008 of […]

LawSikho
September 15, 2025
3 Mins Read
72 Views
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Does the Conclusion of Criminal Proceedings Render a Pending Writ Petition Infructuous?

The Andhra Pradesh High Court has held that a writ petition seeking action against police inaction in investigating an FIR becomes infructuous if, during its pendency, a final order is passed in the criminal proceedings arising from the same FIR. This judgment reaffirms existing precedent and confirms that such writs cannot proceed once petitioners are […]

LawSikho
September 15, 2025
4 Mins Read
62 Views
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Can a Sentence of Imprisonment for Robbery Under Section 392 IPC Be Reduced to the Period Already Undergone Considering Prolonged Trial and Young Age of the Accused?

The High Court of Chhattisgarh has affirmed the conviction under Section 392 IPC, but exercised its discretion to reduce the sentence to the period already undergone, citing prolonged litigation and the young age of the accused. The decision upholds the approach taken by lower courts and serves as binding authority for sentence modification where mitigating […]

LawSikho
September 15, 2025
5 Mins Read
74 Views
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Can High Courts Adjudicate Contractual Payment Disputes Involving Disputed Facts Under Article 226? — Precedent Reaffirmed

The Chhattisgarh High Court reaffirmed that writ jurisdiction under Article 226 is generally not appropriate for resolving contractual disputes involving contested factual questions. The ruling upholds existing Supreme Court precedent, confirms the limited scope of writ remedy in private contract cases, and serves as binding authority for similar cases in the jurisdiction. Summary Category […]