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

LawSikho
September 10, 2025
3 Mins Read
78 Views
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Does Quashing of an FIR Render Pending Proceedings Under Section 82 CrPC Infructuous? Authority of High Court in Disposing Allied Petitions Post-Compromise

Where an FIR has been quashed pursuant to a compromise, the High Court may dispose of related petitions (such as those challenging orders for proclamation under Section 82 CrPC) as infructuous. The judgment affirms existing precedent and clarifies the effect of compromise and quashing on collateral criminal proceedings. It serves as binding authority for subordinate […]

LawSikho
September 10, 2025
3 Mins Read
82 Views
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Does the High Court Mandate That Applications for Correction of Passport Birthplace Be Decided Within a Fixed Timeline, and What Is the Scope of Judicial Relief in Such Administrative Correction Matters?

The High Court upheld the administrative process by declining to grant immediate corrective relief but directed that if the applicant submits a proper correction application with supporting documents, it must be decided in accordance with law within eight weeks; this approach is consistent with established precedent and clarifies obligations for authorities in similar cases involving […]

LawSikho
September 10, 2025
3 Mins Read
80 Views
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Does Repeated Non-Appearance of the Appellant in Second Appeal Justify Dismissal for Non-Prosecution?

The High Court authoritatively affirms that persistent absence and lack of diligence by the appellant, despite adequate notice, entitles the court to dismiss a second appeal for non-prosecution. This judgment upholds existing practice, provides binding authority within its jurisdiction, and clarifies procedural expectations for litigants and lawyers in civil appeals. Summary Category Data Case […]

LawSikho
September 10, 2025
2 Mins Read
74 Views
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Does a High Court Dismissal of Appeal for Non-Prosecution under Motor Accident Claims Render Any Legal Precedent on Merits or Procedure?

The High Court reaffirmed that when an appeal is dismissed for non-prosecution due to inability to serve notice on the appellant, no legal question on merits or procedure is decided. Such dismissal carries no precedential value on the substantive legal issues of the case, serving only as administrative disposal. Summary Category Data Case Name […]

LawSikho
September 10, 2025
4 Mins Read
80 Views
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Does an Acquisition Resulting in Severance of Land Justify Enhanced Compensation under the Land Acquisition Act?

The High Court has upheld the grant of enhanced compensation for severance caused by land acquisition, confirming the awards of Reference Courts that consider increased labor, cost, and hardship to landowners. This judgment reaffirms established law and serves as binding authority for compensation determinations in similar cases involving land bifurcation, especially those related to infrastructure […]

LawSikho
September 10, 2025
5 Mins Read
74 Views
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Can High Courts Exercise Inherent Powers Under Section 528 BNSS, 2023, to Quash Non-Compoundable Offences on the Basis of Compromise?

The Punjab and Haryana High Court reiterates that powers under Section 528 BNSS, 2023 permit quashing of FIRs in non-compoundable, private offences upon genuine, voluntary compromise, where the offence is not heinous or affecting society at large. Summary Category Data Case Name CRM-M/33807/2025 of BALJINDER SINGH AND ANOTHER Vs STATE OF PUNJAB AND ANOTHER […]

LawSikho
September 10, 2025
3 Mins Read
84 Views
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Does Prolonged Undertrial Detention Justify Grant of Regular Bail in Serious Offences Under the Bharatiya Nagarik Suraksha Sanhita, 2023? — Precedent for Assessing Bail When Trial Is Protracted

Court holds that extended pre-trial custody and slow progress of trial, even in serious offences like rape, may warrant release on regular bail where the investigation is complete and only a fraction of prosecution witnesses have been examined. Judgment affirms established bail principles and serves as binding authority for subordinate courts in Punjab and Haryana. […]

LawSikho
September 10, 2025
7 Mins Read
86 Views
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Can High Courts Limit the Definition of “Tainted Candidates” in Selection Process Cancellation Cases When the Supreme Court Has Taken Broader Jurisdiction? — Affirmation of Supreme Court’s Primacy and the Duty of High Courts to Abstain from Parallel Adjudication

The Calcutta High Court has clarified that the identification and categorisation of “tainted candidates” in the context of the 1st State Level Selection Test, 2016, is not restricted solely to those defined by the High Court’s earlier judgment, but may include additional categories as considered by the Supreme Court and investigative reports. The decision upholds […]

LawSikho
September 10, 2025
6 Mins Read
90 Views
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When Can Exoneration in Departmental Enquiry Justify Discharge in Criminal Prosecution for Public Corruption? Clarification of Prima Facie Case Principles at Discharge Stage (Precedent Upheld)

The Bombay High Court clarified that exoneration in a departmental enquiry does not, by itself, entitle an accused to discharge in a connected criminal case under the Prevention of Corruption Act and IPC. The judgment follows and applies Supreme Court precedents, reaffirming that at the discharge stage, the court must proceed on the presumption that […]

LawSikho
September 10, 2025
4 Mins Read
94 Views
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Can Pendency of Supreme Court Review Affect Binding Nature of High Court Orders on Prohibition of Benami Property Transactions Act Proceedings?

The Karnataka High Court reiterated that, in the absence of contrary Supreme Court directions or distinguishing facts, writ appeals challenging High Court decisions quashing PBPT Act proceedings cannot be entertained, especially when the Review Petition against the Supreme Court’s ruling remains pending. The decision follows existing precedent and grants the Revenue liberty to seek recall […]

LawSikho
September 10, 2025
4 Mins Read
66 Views
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Does Dismissal of PBPT Act Proceedings Remain Pending Supreme Court Review in Ganapathi Dealcom Case? Karnataka High Court Reaffirms Precedent as Binding Authority

Karnataka High Court has reaffirmed its earlier approach and the Supreme Court’s precedent in dismissing writ appeals involving the PBPT Act, with proceedings kept open pending result of the Supreme Court’s review in Union of India v. Ganapathi Dealcom Pvt. Ltd. This judgment upholds existing precedent and is binding on all subordinate courts in Karnataka […]

LawSikho
September 10, 2025
7 Mins Read
104 Views
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Can Industrial Dispute References Be Denied By The Government Due to Long Delay? High Court Reaffirms Binding Principles on Stale and Belated Claims Under the Industrial Disputes Act

The Himachal Pradesh High Court has reaffirmed, in line with Full Bench and Supreme Court authority, that the government may refuse to refer industrial disputes under Section 10 of the Industrial Disputes Act, 1947, if the claim is stale or affected by unexplained delay and laches. This judgment serves as binding precedent within the state […]