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

LawSikho
September 10, 2025
3 Mins Read
84 Views
0 Comments

Can a Licensee Claim Mandamus for Supply of Quota After Expiry of Excise License Period? — High Court Dismisses Writ, Reaffirms Binding Limits of Financial Year in Excise Law

A writ seeking direction to permit supply of country liquor against expired quota was dismissed, as the right did not survive after the end of the relevant financial year. The judgment upholds established precedent regarding the strict temporal scope of excise licenses and is binding on subordinate courts handling similar reliefs for expired licensing periods […]

LawSikho
September 10, 2025
2 Mins Read
96 Views
0 Comments

Does Dismissal of a Writ Petition Without Entertaining Merits, Granting Liberty to Pursue Alternate Remedy, Amount to Res Judicata or Estoppel?

The Bombay High Court reaffirmed that when a writ petition is dismissed with liberty to pursue an alternative appellate remedy, such dismissal does not decide the substantive legal rights nor create res judicata; the decision is not binding on the issues raised on merits. This order serves as procedural precedent regarding the primacy of alternate […]

LawSikho
September 10, 2025
4 Mins Read
76 Views
0 Comments

Can the High Court Enhance Maintenance Ordered under Section 125 CrPC in Revision When an Alternate Remedy Exists under Section 127?

High Court affirms that enhancement of maintenance fixed by the Family Court under Section 125 CrPC must be sought through Section 127 proceedings and not by way of revision; upholds trial court’s discretion and procedure — limits revisional jurisdiction over factual determinations in maintenance matters. Summary Category Data Case Name CR. REV./856/2022 of NUTAN […]

LawSikho
September 10, 2025
4 Mins Read
70 Views
0 Comments

Can a High Court Require Pre-Deposit for Interim Stay in Tax Appeals When GST Tribunal Is Not Constituted? – Binding Affirmation of Judicial Discretion

The Calcutta High Court confirms that, in the absence of a functioning GST tribunal, the High Court may validly require pre-deposit of a percentage of disputed tax as a condition for granting interim stay—affirming existing law and the Single Judge’s discretion. This decision is binding precedent for tax disputes in the jurisdiction and upholds established […]

LawSikho
September 10, 2025
5 Mins Read
70 Views
0 Comments

Is a Promissory Note Invalid If Executed on Stamp Paper Purchased in Another’s Name? Clarification on Admissibility & Section 35 of Stamp Act

Madras High Court upholds that once a document is admitted in evidence, its admissibility cannot be challenged based on breach of Stamp Rules; affirms and clarifies existing precedent on Section 35 and Section 36 of the Indian Stamp Act, providing authoritative guidance for money recovery suits based on negotiable instruments. Summary Category Data Case […]

LawSikho
September 10, 2025
7 Mins Read
88 Views
0 Comments

When Should Appellate Courts Interfere with Convictions & Acquittals under Section 149 r/w 302 IPC? Clarifying Standards for Review of Evidence and Benefit of Doubt

The Madras High Court comprehensively reaffirms established Supreme Court precedent: appellate interference in criminal convictions and acquittals, especially for large-scale mob violence, requires careful weighing—not mere counting—of evidence, close attention to contradictions and omissions, and reinforces the primacy of the benefit of doubt. This judgment is binding within Tamil Nadu and serves as persuasive authority […]

LawSikho
September 10, 2025
5 Mins Read
78 Views
0 Comments

Does Section 12 of the Juvenile Justice Act Require Bail to Be Granted to All Juveniles, Regardless of the Nature of the Offence or Age, Unless Specific Statutory Exceptions Apply?

The Jharkhand High Court reiterates that, under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, bail is the rule for all juveniles in conflict with law—irrespective of age or seriousness of the alleged offence—unless release is shown to bring the juvenile into association with known criminals, expose them to danger, […]

LawSikho
September 10, 2025
7 Mins Read
76 Views
0 Comments

Can Liability for Enhanced Land Acquisition Compensation Be Shifted to a Transferee in View of a Scheme of Arrangement and Tripartite Agreement When the Proceedings Arose Before the Effective Date? Clarification and Reaffirmation of Law by the Himachal Pradesh High Court – Precedent Confirmed on Scope of Liability Transfer in Civil Execution under Article 227

The Himachal Pradesh High Court held that, where a scheme of arrangement and tripartite agreement clearly restricts transfer of pre-effective date litigation or contingent liabilities, liability for enhanced land acquisition compensation arising from proceedings initiated before the transfer date remains solely with the original beneficiary (here, Jaiprakash Associates Ltd.), not the transferee (UltraTech Cement Ltd.). […]

LawSikho
September 10, 2025
5 Mins Read
70 Views
0 Comments

Can a Writ Petitioner Seek Service Benefits on Parity With Earlier Regularised Employees After Long Delay? – Calcutta High Court Reaffirms Bar on Stale or Belated Service Claims

The Calcutta High Court reiterates that delayed claims for retrospective service benefits—especially after long-settled appointments and restructuring—cannot be entertained in writ jurisdiction. The decision upholds established Supreme Court precedents in public employment matters, limiting the scope for similarly placed but belated petitioners to seek parity. This remains binding authority within the jurisdiction. Summary Category […]

LawSikho
September 10, 2025
4 Mins Read
74 Views
0 Comments

Can a Sub-Registrar Refuse to Receive a Sale Deed for Registration from a Co-sharer Without Stating Written Reasons?

The Orissa High Court reiterates that Sub-Registrars cannot orally refuse to accept documents for registration, including sale deeds presented by co-sharers; refusal (if any) must be in writing with reasons as per law. This judgment upholds established legal principles and is binding precedent for all subordinate authorities and practitioners handling registration of property, especially joint […]

LawSikho
September 10, 2025
4 Mins Read
86 Views
0 Comments

Can a Statutory Appointing Authority’s Discretion to Issue No Objection Certificates for Teachers Be Curtailed by Executive Instructions? — Precedent for Limits on Higher Administrative Circulars

The High Court of Uttarakhand reaffirmed that only the statutory appointing authority, as defined by recruitment rules, is empowered to decide on issuance of No Objection Certificates (NOCs) for Assistant Teachers; executive instructions from superior administrative officers that curtail this discretion are ultra vires and cannot override statutory authority. This decision follows and clarifies existing […]

LawSikho
September 10, 2025
5 Mins Read
76 Views
0 Comments

Can Dependents Appointed as Daily Wagers on Compassionate Grounds Claim Regularisation Based on Extended Service? Supreme Precedent Affirmed; Representations Permitted, But No Direct Mandamus for Regularisation

The High Court of Uttarakhand reaffirms the bar on treating dependents of daily wage or work-charged employees, appointed on compassionate grounds, as “regular” government servants under Dying in Harness Rules, following Full Bench precedent. Petitioners are permitted to seek regularisation by making representations, but the Court does not grant direct regularisation. The decision clarifies the […]