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

LawSikho
September 10, 2025
4 Mins Read
112 Views
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Does Delay in Release of Retirement Benefits Due to Lack of Funds Amount to Illegality or Violation of Constitutional Rights Under Articles 14, 21, and 300(A)?

The High Court for the State of Telangana held that prolonged delay in payment of statutory retirement benefits due to government fund shortages is not legally justified and directed prompt payment within twelve weeks. The Court’s directive affirms the right to timely retirement dues as a constitutional guarantee under Articles 14, 21, and 300(A), reinforcing […]

LawSikho
September 10, 2025
3 Mins Read
88 Views
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When Can a High Court Mandate Timely Release of Pensionary Benefits for Retired Government Employees?

High Court reaffirms that withholding of statutory pensionary dues due to alleged “dearth of funds” is neither justified nor tenable; issues binding directions for time-bound release of benefits. Judgment upholds existing precedent that courts may intervene to protect the rights of retired government servants, reinforcing administrative accountability in service matters—binding authority for subordinate courts and […]

LawSikho
September 10, 2025
5 Mins Read
90 Views
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Can an Appellate Court Modify a Decree in Appeal Under Order 21 Rule 103 CPC When an Obstructor Fails to Establish an Independent Right? Existing Principles Reaffirmed, Precedent Value Clarified

The Calcutta High Court has reaffirmed that an appellate court hearing an appeal under Order 21 Rule 103 of the Code of Civil Procedure (CPC) lacks the power to modify or alter the original trial court decree, especially where the resisting party fails to demonstrate an independent right distinct from the judgment-debtor. This ruling upholds […]

LawSikho
September 10, 2025
4 Mins Read
88 Views
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Does Non-Compliance With Mandatory Provisions of Section 82 CrPC Vitiate the Declaration of ‘Proclaimed Person’?

Court grants relief where the procedural safeguards under Section 82 CrPC were not followed and absence was not wilful; reaffirms that all cumulative requirements of proclamation are mandatory. This judgment upholds and applies prior precedent and is binding on subordinate courts within Punjab and Haryana. Summary Category Data Case Name CRM-M/48854/2025 of RAM CHANDER […]

LawSikho
September 10, 2025
3 Mins Read
60 Views
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Can a Writ Petition Challenging Appointment of a Departmental Inquiry Officer Continue After Withdrawal of the Impugned Order? – Clarifying the Impact of Mootness on Writ Proceedings

A writ petition under Articles 226/227 of the Constitution of India, seeking to quash an appointment order that is subsequently withdrawn during proceedings, is rendered infructuous and liable to be dismissed as withdrawn. The court reaffirms the principle that writ petitions do not survive once the impugned action is undone; this upholds existing precedent and […]

LawSikho
September 10, 2025
4 Mins Read
66 Views
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When Is Regular Bail Justified for NDPS Accused Based Solely on Co-Accused’s Disclosure and Non-Commercial Quantity Recovery?

The Court held that when only a non-commercial quantity of contraband is recovered from a co-accused, and an accused is involved solely on the basis of a co-accused’s disclosure statement, regular bail may be granted; Section 37 of the NDPS Act does not bar bail in such circumstances. This judgment reaffirms established principles of bail […]

LawSikho
September 10, 2025
5 Mins Read
70 Views
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Does Long Incarceration Without Progress in NDPS Trials Justify Grant of Bail When No Contraband Is Personally Recovered?

Bail may be granted under the NDPS Act when the accused faces prolonged custody, there is no recovery of contraband from their person, and delay in trial is not attributable to the accused—this judgment upholds existing law and sets binding precedent for courts within Punjab and Haryana, especially in cases involving similar factual circumstances. […]

LawSikho
September 10, 2025
3 Mins Read
78 Views
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Does a High Court Have Discretion to Quash Non-Bailable Warrants Issued for Non-Appearance When the Accused Joins Proceedings in Appellate/Trial Court?

The High Court reaffirmed that when a non-bailable warrant is issued solely due to an accused’s non-appearance and the accused subsequently appears and joins proceedings, quashing or recalling such warrants lies within the court’s discretion. The decision clarifies application of interim bail under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and stands as […]

LawSikho
September 10, 2025
3 Mins Read
72 Views
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Can Individuals Engaged on a Voluntary, Incentive-Based Basis Claim Regularization as Government Employees? – Clarifying the Law on Employer-Employee Relationship for Scheme-Based Engagements

The High Court reiterates that individuals engaged voluntarily, paid solely on outcome/productivity basis without an employer-employee relationship, cannot seek regularization as government employees. The judgment affirms existing precedent and solidifies its applicability for public sector voluntary engagements, providing binding authority within Punjab and Haryana. Summary Category Data Case Name LPA/1694/2025 of JAGDEV SINGH AND […]

LawSikho
September 10, 2025
3 Mins Read
110 Views
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Does Section 145 of the Electricity Act, 2003 Bar Civil Court Jurisdiction Over Electricity Disputes? Clarification and Affirmation by the High Court

The High Court reaffirmed that, in light of Section 145 of the Electricity Act, 2003 and established Division Bench precedent, civil courts do not have jurisdiction to entertain suits relating to matters covered by the Act. This binding judgment upholds and applies existing precedent, specifically impacting electricity-related legal disputes and guiding future litigation strategy. […]

LawSikho
September 10, 2025
4 Mins Read
86 Views
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Does the Seriousness of Allegations under the Protection of Children from Sexual Offences Act, 2012, Preclude Grant of Anticipatory Bail?

The Punjab and Haryana High Court reiterated that anticipatory bail is not warranted in cases with grave and specific allegations of aggravated penetrative sexual assault under the POCSO Act, irrespective of claimed evidence of innocence—reinforcing existing precedent and clarifying that such orders are binding within the High Court’s jurisdiction. Summary Category Data Case Name […]

LawSikho
September 10, 2025
6 Mins Read
78 Views
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Can the Principles of Natural Justice Be Bypassed in Tender Disqualification Cases Where Eligibility Is Factually Deficient? – Reaffirmation of Contextual Application by High Court

Court holds that the right to a hearing under natural justice may not arise where foundational eligibility criteria are objectively unmet; reaffirms existing Supreme Court precedents that natural justice is not a universal right in all administrative or quasi-judicial actions concerning tenders. Judgment is binding within the State’s jurisdiction and carries persuasive value elsewhere for […]