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

LawSikho
September 10, 2025
4 Mins Read
74 Views
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Can Anticipatory Bail Be Granted in Cases Involving Aggravated Penetrative Sexual Assault on a Minor Under the POCSO Act and Bharatiya Nyaya Sanhita?

The High Court reaffirmed that in cases involving grave allegations of aggravated penetrative sexual assault on a minor, as under Section 6 of the POCSO Act and analogous sections of the Bharatiya Nyaya Sanhita, anticipatory bail will generally not be granted. This judgment upholds existing precedent and has binding effect for similar cases in the […]

LawSikho
September 10, 2025
3 Mins Read
80 Views
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Can Criminal Proceedings Under Sections 498A/406 IPC Be Quashed Upon Settlement Between Matrimonial Parties?

Court holds that it is in the interest of justice to quash FIRs under Sections 498A/406/34 IPC when matrimonial disputes are settled, including full and final settlement of stridhan and alimony. This judgment reaffirms settled law and provides binding guidance for subordinate courts dealing with similar matrimonial offences following compromise between parties. Summary Category […]

LawSikho
September 10, 2025
5 Mins Read
72 Views
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Does an Assessment Order Under GST Require the Assessing Officer’s Signature to Be Valid? — High Court of Andhra Pradesh Affirms Existing Precedent

The Andhra Pradesh High Court holds that absence of a signature on a GST assessment order renders it invalid; affirms and follows earlier Division Bench decisions; clarification provides binding authority for all similar proceedings statewide, excluding unsigned orders from limitation calculation. Summary Category Data Case Name WP/21892/2025 of RCC ENGINEERING PRIVATE LIMITED Vs DEPUTY […]

LawSikho
September 10, 2025
1 Min Read
80 Views
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Whether the High Court May Allow a Criminal Appeal by Setting Aside Conviction Without Costs Despite Pending Prosecution — Reaffirmation of Appellate Powers under the Code of Criminal Procedure as Binding Authority

The High Court clarified its authority under the Criminal Procedure Code to allow criminal appeals by setting aside convictions, even when the prosecution is still pending, and disposed of the matter with no order as to costs; this reaffirms existing precedent and stands as binding authority for subordinate courts in Andhra Pradesh. Summary Category […]

LawSikho
September 10, 2025
5 Mins Read
74 Views
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Is Bail to Be Granted Where Accused Is Implicated in a Large-Scale Counterfeit Currency Conspiracy Based Principally on Co-Accused’s Statements and Supplementary Charge-Sheet?

The High Court clarifies that at the bail stage—especially in cases involving grave economic offences such as counterfeit currency rackets—courts must not meticulously dissect evidentiary worth, but should be guided by the gravity of the offence, the prima facie material collected during investigation (even if primarily based on co-accused’s statements), and the accused’s antecedents. The […]

LawSikho
September 10, 2025
4 Mins Read
64 Views
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Can a Complainant Under Section 138 of the Negotiable Instruments Act File a “Victim Appeal” Under Proviso to Section 372 CrPC After Dismissal for Non-Prosecution? — Binding Clarification by High Court Following Supreme Court

The High Court affirms the Supreme Court’s recent ruling that a complainant in a Section 138 NI Act case qualifies as a “victim” under Section 2(wa) CrPC, thus enabling such complainants to appeal under the proviso to Section 372 CrPC. This judgment upholds Supreme Court precedent in M/s. Celestium Financial v. A. Gnanasekaran and clarifies […]

LawSikho
September 10, 2025
3 Mins Read
96 Views
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Can an Employer Challenge a Compensation Award on Grounds of Denial of Opportunity When Multiple Chances to Adduce Evidence Were Given? Clarification and Affirmation of Procedural Law: Chhattisgarh High Court Upholds Existing Precedent on Fair Opportunity and Dismissal of Appeals Where Ample Chances Were Provided—Binding Authority for Claims under the Employee’s Compensation Act.

The court held that when an employer is given successive opportunities—including clear “last opportunity” warnings—to adduce evidence but fails to do so, claims of denial of fair hearing are unsustainable. The judgment affirms the established principle requiring diligence and is binding on subordinate courts in Employee’s Compensation Act matters. Summary Category Data Case Name […]

LawSikho
September 10, 2025
5 Mins Read
78 Views
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Does A Motor Accident Claims Tribunal Have To Assess Compensation Using Minimum Wages For Semi-Skilled Labour When Documentary Proof of Income Is Absent? – Reaffirmation of Supreme Court Precedent

The Chhattisgarh High Court reaffirmed that, in the absence of proof of actual income, minimum wages applicable to the category of employment (here, semi-skilled labour) must be used for compensation calculation under the Motor Vehicles Act. This position, following Supreme Court authority, is now binding precedent for all tribunals and subordinate courts within Chhattisgarh dealing […]

LawSikho
September 10, 2025
3 Mins Read
62 Views
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When Can an Appellate Court Interfere With a Trial Court’s Acquittal? Reaffirming the Principle of Non-Interference in Absence of Cogent Evidence

The High Court reaffirmed that an appellate court should not interfere with a trial court’s acquittal unless the acquittal is manifestly unreasonable or unsupported by the evidence. This decision upholds existing precedent and serves as binding authority in criminal appeals involving similar evidentiary issues, particularly when prosecution evidence is contradictory or unreliable. Summary Category […]

LawSikho
September 10, 2025
6 Mins Read
72 Views
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Can a High Court in Revision Alter a Sentence of Imprisonment to Only Fine for Attempt to Commit Rape?

The Gauhati High Court has upheld its limited but significant power of revision under Section 401 CrPC—including the authority to alter sentences handed down by subordinate courts—by reducing a sentence of imprisonment to only a fine for the offence of attempt to commit rape. The judgment affirms existing Supreme Court and statutory principles, clarifies that […]

LawSikho
September 10, 2025
6 Mins Read
106 Views
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Can “Preference” Clauses for Local Candidates Override Superior Merit in Public Appointments? Gauhati High Court Clarifies the Law for Selection of College Principals

Preference for local (BTR) candidates under an appointment advertisement cannot be invoked where other candidates have superior merit; such preference applies only when candidates are otherwise equal in all respects. Judgment upholds existing Supreme Court precedent and acts as binding authority for similar education sector selections. Summary Category Data Case Name WP(C)/598/2024 of PRAMOD […]

LawSikho
September 10, 2025
3 Mins Read
82 Views
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Does the Satisfaction of Demand Notices Render a PIL Infructuous When Relief Sought Has Been Fully Addressed by Government Action? Reaffirms that once public interest grievances are remedied during proceedings, continuing the PIL serves no practical purpose — Judgment as Binding Authority on Disposal of Redundant PILs.

Where departmental action during PIL pendency leads to complete satisfaction of relief sought (including resolution by payment or relevant party’s demise), the High Court closes the petition as nothing survives. This reinforces existing precedent on the disposability of infructuous PILs, with sectoral implications for mining revenue disputes and similar regulatory enforcement cases. Summary Category […]