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

LawSikho
September 10, 2025
5 Mins Read
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Does Previous Judicial Upholding of a Recruitment Selection Process Mandate Automatic Dismissal of Identical Challenges? — Precedential Consistency Affirmed as Binding Authority by the Chhattisgarh High Court (Division Bench)

Where the High Court has already upheld the validity of a recruitment selection procedure in a prior writ appeal involving identical factual and legal issues, subsequent challenges raising the same contentions must be dismissed unless distinguishing grounds are demonstrated. The Division Bench reaffirms the binding nature of its prior decision, underlining the principle of judicial […]

LawSikho
September 10, 2025
4 Mins Read
36 Views
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Is the Minimum Wage Notification Binding for Assessing Deceased’s Income in Motor Accident Compensation Claims? Clarification and Application by the Chhattisgarh High Court

The High Court of Chhattisgarh clarified that the income of a deceased mason in a motor accident claim must be determined based on the prevailing minimum wage notification, not on notional or lower earnings, thereby enhancing the compensation awarded. This judgment, applying and affirming binding Supreme Court precedent, is authoritative for compensation calculations in motor […]

LawSikho
September 10, 2025
3 Mins Read
64 Views
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Can an Employer Withhold Retiral Dues Beyond Applicable Rent from a Retired Employee Who Continues to Occupy Company Accommodation? – Chhattisgarh High Court Reverses Tribunal Ruling on Penal Rent Adjustment

The Chhattisgarh High Court held that withholding retiral dues by adjusting “standard penal rent” for continued occupation is unreasonable; only the simple applicable rent may be recovered before releasing dues. This judgment partially overrules the Tribunal’s earlier order and sets binding precedent for similar industrial and employment disputes. Summary Category Data Case Name WPL/19/2022 […]

LawSikho
September 10, 2025
7 Mins Read
46 Views
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Does an Insurer Remain Liable to Satisfy a Third Party Award When There Is a Fundamental Breach of Policy Due to Driver’s Invalid Licence?—High Court Clarifies Insurer’s Exoneration Under Section 149(2) M.V. Act

The Court held that when the driver of the offending ‘Transport Vehicle’ did not possess a valid and effective driving licence on the date of the accident, and there was no application for timely renewal, the insurer is fully exonerated from liability and the owner alone is liable to satisfy the compensation award. Existing Supreme […]

LawSikho
September 10, 2025
4 Mins Read
50 Views
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Does the Dismissal of a Writ Petition at the Admission Stage, Where Petitioner Alleges Cyber Fraud and Void Loan Liability, Uphold or Clarify Limits of High Court’s Interference Under Constitutional Writ Jurisdiction?

The Chhattisgarh High Court reaffirms the principle that in cases involving disputed questions of fact—such as fraudulently procured loans and alleged cyber crime—writ petitions may be dismissed at the threshold if no prima facie ground for interference is evident, with liberty to pursue alternate remedies before competent forums. The decision upholds existing precedent on the […]

LawSikho
September 10, 2025
4 Mins Read
42 Views
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Must a Motor Accident Claims Tribunal Dismiss an Application for Non-Impleadment of Necessary Parties, or Should an Opportunity to Implead Be Granted? – Precedent Clarified by the Chhattisgarh High Court

The Chhattisgarh High Court affirms that in motor accident claims, dismissal of an application solely for non-impleadment of necessary parties like the owner and driver is unwarranted without first granting the claimants an opportunity to implead them; previous summary dismissals without such opportunity are unsustainable in law. This ruling provides binding clarification for subordinate courts […]

LawSikho
September 10, 2025
4 Mins Read
42 Views
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Does Reduction of Pay and Recovery by State Authorities Require Prior Opportunity of Hearing? High Court Reaffirms Necessity for Compliance with Principles of Natural Justice

The Chhattisgarh High Court has reaffirmed that any adverse order involving reduction of pay and recovery of excess payment from a government employee must be preceded by an opportunity of hearing, in line with the principles of natural justice. This judgment upholds established precedent and provides binding authority within the State service law context, clarifying […]

LawSikho
September 10, 2025
3 Mins Read
52 Views
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Does a Writ of Mandamus Lie to Prevent Dispossession When Authorities Confirm No Threat Exists?

When the respondent authorities state on record that the petitioner is in peaceful possession and no steps are being taken to dispossess, the High Court will not grant further relief under Article 226. This approach affirms prevailing precedent regarding the availability and scope of writ jurisdiction in absence of an immediate threat. The decision has […]

LawSikho
September 10, 2025
4 Mins Read
48 Views
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Can Proceedings Under Section 307 IPC Be Quashed on the Basis of Compromise When No Serious Injury Occurred? Precedent on Inherent Powers under Section 528 BNSS

Allahabad High Court clarifies that in private disputes, even proceedings involving Section 307 IPC may be quashed on the basis of compromise if no serious or dangerous injury is found and compromise has been duly verified. The decision affirms and applies existing precedent, emphasizing discretionary use of inherent powers under Section 528 BNSS, and provides […]

LawSikho
September 10, 2025
3 Mins Read
38 Views
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Is the High Court’s Jurisdiction Excluded for Service Matters of SAIL Employees After the 2010 Central Government Notification? (Binding Affirmation of Tribunal Jurisdiction)

High Court dismisses writ petition challenging service matter decision, holding that disputes relating to Steel Authority of India Ltd. employees fall within the exclusive jurisdiction of the Central Administrative Tribunal per 2010 government notification. The judgment upholds existing precedent and directs litigants to appropriate alternate remedy, reaffirming the binding authority of such notifications for future […]

LawSikho
September 10, 2025
5 Mins Read
50 Views
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Can Builders or Flat Owners Claim Exclusive Rights Over Common Parking Areas After Completion and Sale of Flats?

The Andhra Pradesh High Court clarified that neither the builder nor individual flat owners can claim exclusive rights to construct or use any part of common amenities and areas (including parking space) after flats are sold, reaffirming that such areas remain common property of all residents. The court upheld municipal action pursuant to statutory powers, […]

LawSikho
September 10, 2025
5 Mins Read
56 Views
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Can Land Acquisition and Correction of Land Records by Authorities Be Challenged in Writ Jurisdiction Without Establishing Independent Title? — Gauhati High Court Reiterates Requirement of Title Adjudication Through Proper Civil Proceedings

The Gauhati High Court has upheld that individuals cannot claim protection against eviction from government-acquired land in writ proceedings without establishing their independent right, title, and interest through due civil process. Prior decrees in favour of similarly situated persons do not operate as decrees in rem unless the present petitioners were parties or have independent […]