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

LawSikho
September 10, 2025
3 Mins Read
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When Will High Courts Decline Article 226 Writ Jurisdiction Due to Alternate Remedies in Bank Loan Cases? — Precedent Affirmed by Reliance on Supreme Court Judgments

High Courts will generally refuse to exercise Article 226 writ jurisdiction in banking matters where an alternative efficacious remedy (such as a Debts Recovery Tribunal) exists; this position is reaffirmed by express reliance on Supreme Court judgments in Radha Krishan Industries (2021) and United Bank of India v. Satyawati Tondon (2010); the case serves as […]

LawSikho
September 10, 2025
2 Mins Read
40 Views
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Can a High Court Mandamused to Direct Police Action on Complaints Be Withdrawn Without Substantive Adjudication? No Precedential Change Made When Writ Petitions Under Article 226 Are Withdrawn Before Merits Are Examined

The Andhra Pradesh High Court permitted withdrawal of a writ seeking mandamus for police action, without examining the underlying legal issues; this decision leaves existing precedent undisturbed and holds no binding or persuasive authority for future cases involving police inaction or writ remedies. Summary Category Data Case Name WP/21969/2020 of Perumalla Immanuel, Vs The […]

LawSikho
September 10, 2025
5 Mins Read
44 Views
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Does a Person Without Documentary Title to Land Have a Right to Mandamus for Pattadar Passbook and Title Deeds? — Clarification by Andhra Pradesh High Court on Documentary Proof and Possession Requirements

A writ of mandamus directing revenue authorities to issue pattadar passbooks and title deeds cannot be granted when the petitioner fails to produce documentary evidence of title or possession; the petitioner must make a fresh application with supporting documents for consideration. The Court reaffirms procedural requirements under revenue statutes and registers no deviation from established […]

LawSikho
September 10, 2025
6 Mins Read
52 Views
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Does an Employer’s Action of Reversion Without Prior Notice Violate Principles of Natural Justice? Gauhati High Court Reaffirms Pre-Decision Hearing as the Norm; Post-Decisional Hearing as an Exception

The Gauhati High Court has clarified that reversion of an employee affecting civil rights cannot be effected without adherence to the principles of natural justice, and pre-decisional hearing is the norm. Post-decisional hearing may be permitted only with the consent of the parties. This decision upholds and affirms existing precedent, reinforcing the necessity of due […]

LawSikho
September 10, 2025
5 Mins Read
50 Views
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When Do Unsubstantiated Allegations of Infidelity Amount to “Cruelty” Justifying Divorce? High Court Clarifies Scope and Application under Sections 13(1)(ia) and 13(1)(ib) HMA

Chhattisgarh High Court applies Supreme Court precedent to hold that unproven and scandalous allegations of adultery levelled by one spouse against the other constitute mental cruelty warranting divorce, while also reaffirming the elements required for establishing desertion under matrimonial law; the judgment sets binding precedent for subordinate courts within the state. Summary Category Data […]

LawSikho
September 10, 2025
1 Min Read
40 Views
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Does the Mere Withdrawal of a Writ Petition Result in Any Pronouncement on the Legal Issues Raised Therein? – Precedential Implications When a Petition is Dismissed as Withdrawn

The Court clarified that the dismissal of a writ petition as withdrawn results in no adjudication on the merits and does not lay down any law for future cases. This dispositional order does not alter, affirm, or overrule any existing precedent, and such orders carry no binding or persuasive precedential value. Summary Category Data […]

LawSikho
September 10, 2025
4 Mins Read
44 Views
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Can Review Jurisdiction Be Invoked for Re-Appraisal of Evidence or Rehearing When No Apparent Error Exists on the Face of Record?

The High Court reiterates that review jurisdiction is strictly limited to correcting errors apparent on the face of the record or overlooked legal provisions; it cannot be used for re-hearing or re-appreciation of evidence. This judgment upholds longstanding Supreme Court precedents and serves as binding authority on the limited scope of review petitions in civil […]

LawSikho
September 10, 2025
5 Mins Read
40 Views
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Does Insistence by a Spouse to Separate from the Joint Family Amount to “Cruelty” Under Section 13(1)(ia) Hindu Marriage Act? — Precedent Affirmed by Chhattisgarh High Court Division Bench

The Division Bench of the Chhattisgarh High Court holds that a wife’s insistence that her husband abandon his parents and live separately constitutes “mental cruelty” within the meaning of Section 13(1)(ia) of the Hindu Marriage Act, reaffirming existing legal principles. This decision confirms that persistent demands for separate residence, substantiated by evidence and admissions, justify […]

LawSikho
September 10, 2025
4 Mins Read
42 Views
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Can Maintenance Be Denied to a Legally Wedded Wife under Section 125 CrPC on the Ground of Suspected Adultery?

The High Court of Chhattisgarh reaffirmed that maintenance under Section 125 CrPC can be refused to a wife if the Family Court arrives at credible findings of her adulterous conduct, after full consideration of evidence. The judgment upholds the Family Court’s discretion and evidentiary assessment, reinforcing existing law and setting binding precedent for all subordinate […]

LawSikho
September 10, 2025
6 Mins Read
54 Views
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When Can an Appellate Court Grant Specific Performance with Additional Compensation in Light of Increased Property Value?

The court held that where the plaintiff proves readiness and willingness for specific performance and the defendant unjustifiably refuses, specific performance may be decreed along with an additional payment accounting for increased property value during prolonged litigation. Upholds and applies settled Supreme Court precedent; binding on lower courts in civil matters involving specific performance disputes. […]

LawSikho
September 10, 2025
2 Mins Read
40 Views
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Can an Appellate Court in a Criminal Appeal Acquit the Appellant Based Solely on the Connected Main Criminal Appeal Without Independent Fresh Consideration?

The judgment reaffirms existing precedent by disposing of an interlocutory application in line with the outcome of the main connected criminal appeal, with binding value for similar procedural scenarios in future cases. Summary Category Data Case Name Crl.A./114/2024 of MD. NISANUL ISLAM BARBHUIYA @ LISANUL BARBHUIYA Vs THE STATE OF ASSAM AND ANR. CNR […]

LawSikho
September 10, 2025
4 Mins Read
44 Views
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Does an Intra-Court Appeal Lie Where a Writ Petition Alleging Encroachment is Dismissed for Failure to Show Ownership? Clarification on Scope of Appellate Interference by Division Benches

The Chhattisgarh High Court Division Bench clarifies that, when a writ petition is dismissed due to the petitioner’s admitted encroachment on government land and lack of ownership documents, the scope for interference in appeal is extremely limited. The ruling upholds existing precedent on restraining appellate courts from interfering unless the single judge’s decision reveals patent […]