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

LawSikho
September 5, 2025
4 Mins Read
50 Views
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Can an Appellate Court Entertain an Appeal When Defects in Appeal Papers Remain Unrectified and the Appellant Fails to Appear? – Reaffirmation of Procedural Compliance as a Jurisdictional Requirement

When an appellant is unrepresented, fails to rectify defects in the memorandum of appeal, and the impugned order has already been acted upon, the appellate court may dismiss the appeal without adjudicating the merits. This judgment upholds existing procedural precedent and reiterates strict compliance with appeal procedures under the Calcutta High Court’s jurisdiction, and can […]

LawSikho
September 5, 2025
3 Mins Read
54 Views
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Can an Employees’ Association Maintain a Writ Petition for Pensionary Benefits After Retirement of Its Members? — Orissa High Court Upholds Non-Maintainability and Finality of Claims Once Other Retirement Benefits Are Availed

The Orissa High Court reaffirmed that a service matter writ petition filed by an employees’ association, seeking pension benefits for members who have already retired and availed other benefits, is not maintainable. The judgment upholds prior precedent on locus standi and timeliness of pensionary claims, reinforcing the legal bar against belated and representative litigation in […]

LawSikho
September 5, 2025
4 Mins Read
66 Views
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Whether Refusal by Minor’s Guardian or the Minor to Medical Examination Can Thwart Protection and Investigation under POCSO Act? — Orissa High Court Upholds Primacy of Child Welfare Committee’s Proceedings and Statutory Protocols

Orissa High Court affirms that the Child Welfare Committee (CWC) holds effective custody and control over care and protection of minor victims, rendering further judicial intervention unwarranted once statutory proceedings are in place; the judgment upholds existing protocol and is binding on subordinate courts and authorities handling child victim rescue and protection under relevant statutes. […]

LawSikho
September 5, 2025
3 Mins Read
50 Views
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Does Filing a Writ Petition Challenging SARFAESI Proceedings Remain Maintainable If No Steps Are Taken and the Issue Becomes Infructuous?

A Calcutta High Court judgment dismisses as infructuous a writ petition against proceedings under Section 13(2) of the SARFAESI Act due to petitioner inaction, clarifying that courts may decline to entertain stale or unpursued writ petitions in banking and financial sector matters. The case upholds existing legal principles and may be cited as binding authority […]

LawSikho
September 5, 2025
2 Mins Read
68 Views
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When Can a Writ Petition Be Dismissed as Infructuous Due to Supervening Events?

The court reaffirmed that if, during the pendency of a writ petition, the relief claimed is granted or the issue is resolved, the petition becomes infructuous and is liable to be dismissed. This ruling upholds established procedural law and constitutes binding precedent for subordinate courts handling writ petitions where the cause of action ceases to […]

LawSikho
September 5, 2025
1 Min Read
42 Views
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What Is the Legal Effect of Withdrawing a Writ Petition Due to Technical Defect? – No Decision on Merits, No Precedential Value

A writ petition withdrawn by the petitioner, with the court’s permission, for a technical defect does not result in a ruling on the legal issues raised. The court neither affirms nor overrules any prior precedent; such an order carries no binding or persuasive value for future cases. Summary Category Data Case Name CWP/13620/2025 of […]

LawSikho
September 5, 2025
7 Mins Read
52 Views
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To What Extent Can High Courts Reappreciate Evidence in Criminal Revision Jurisdiction? | Judgment Upholds Existing Precedent and Confirms Narrow Scope — Binding Authority for Revisional Review

The High Court reaffirmed that its revisional jurisdiction under Sections 397–401 CrPC is extremely limited to correcting patent errors, jurisdictional defects, or gross miscarriage of justice, and does not extend to reappreciation of evidence unless the findings are perverse or unsupported by material on record. This judgment upholds the established legal position of the Supreme […]

LawSikho
September 5, 2025
7 Mins Read
52 Views
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When Can the ‘Last Seen Together’ Doctrine Sustain Conviction Amidst Delay in Recovery of Victim’s Body? Clarifications on Adverse Inference, Death Penalty Standards, and Evidentiary Requirements (Binding Authority, Precedent Upheld)

Calcutta High Court clarifies that adverse inference under ‘last seen together’ can apply when the accused is shown to have picked up the victim from her house—even with a significant time gap till recovery—if the accused fails to explain circumstances of parting company and other incriminating evidence exists. The judgment upholds established Supreme Court precedent […]

LawSikho
September 5, 2025
3 Mins Read
64 Views
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Can an Unrepresented Appellant’s Appeal Be Dismissed When the Impugned Order Is Already Worked Out?

The Calcutta High Court, while affirming existing judicial practice, reiterated that when an appellant is unrepresented and the order under challenge has already been given effect to, the appeal may be dismissed. This stance upholds established procedural doctrine and is binding on all subordinate courts within the jurisdiction. Summary Category Data Case Name MAT/1357/2025 […]

LawSikho
September 5, 2025
2 Mins Read
68 Views
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Does Dismissal of a Criminal Revision Petition by the High Court Confirm Finality of the Lower Court’s Judgment?

Clarification of the effect of a High Court order dismissing a Criminal Revision Petition as binding precedent for subordinate courts in Rajasthan. Summary Category Data Case Name CRLR/1618/2023 of KULDEEP @ PAPPU S/O SHRI HARPHOOL SINGH Vs STATE OF RAJASTHAN CNR RJHC020892402023 Date of Registration 19-10-2023 Decision Date 01-09-2025 Disposal Nature DISMISSED Judgment Author […]

LawSikho
September 5, 2025
4 Mins Read
70 Views
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Can Regular Bail Be Granted in Murder Cases Based on Hostile Witnesses and Parity with Co-accused? — High Court Reaffirms Stringent Approach in Serious Offences

The High Court holds that where allegations are serious and circumstantial evidence against the accused remains to be completed, regular bail need not be granted even if multiple witnesses have turned hostile and a co-accused has obtained bail. The decision upholds precedent for strict bail standards in grave offences, providing binding authority for bail jurisprudence […]

LawSikho
September 5, 2025
4 Mins Read
56 Views
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Does a High Court Writ Petition for Compensation Become Infructuous When the State Authorities Present Proof of Payment Pending Litigation?

Where the State authorities demonstrate, during writ proceedings, that compensation has been paid, the High Court may dispose of the writ as infructuous while clarifying the right to seek further recourse if the payment was not actually effected. This approach affirms prior procedural practice under Indian land acquisition jurisprudence and serves as binding authority for […]