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

LawSikho
September 10, 2025
6 Mins Read
66 Views
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Does a Lapse in Driver’s Transport Vehicle Endorsement Exonerate the Insurer from Liability Under Section 149(2) of the Motor Vehicles Act? – Chhattisgarh High Court Reaffirms Principle and Bars Initial Recovery from Insurer in Absence of Owner’s Due Diligence

Chhattisgarh High Court has held that where the driver of the offending vehicle lacked a valid and effective licence for a ‘Transport Vehicle’ on the date of accident, and the owner failed to demonstrate due diligence, the insurer stands exonerated and the liability to compensate third-party claimants rests solely on the owner. The decision applies […]

LawSikho
September 10, 2025
3 Mins Read
84 Views
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Does Compliance with a Writ Court’s Order Render a Pending Contempt Application Infructuous under Civil Contempt Jurisprudence?

When a respondent demonstrates compliance with the original writ court’s order via affidavit, the Allahabad High Court holds that no further order is required, resulting in the contempt application being dismissed as infructuous. This upholds the established approach that contempt proceedings are not punitive where the underlying order has been complied with before adjudication, clarifying […]

LawSikho
September 10, 2025
2 Mins Read
112 Views
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Does the Court Have a Duty to Decide Writ Petitions When Relief Has Become Infructuous?

The High Court confirmed that writ petitions seeking reliefs which have become infructuous may be dismissed as such without adjudicating the merits. This order follows settled precedent, reinforcing consistent judicial practice, and will serve as binding authority for similar future situations. Summary Category Data Case Name WP/23414/2020 of BEELA PARVATHI Vs THE STATE OF […]

LawSikho
September 10, 2025
3 Mins Read
70 Views
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Can High Courts Issue Mandamus for Police Protection During Pendency of Civil Suits? Scope of Article 226 when Civil Remedies Exist

The Andhra Pradesh High Court clarified that where a civil suit is already pending between parties, the High Court ordinarily will not issue a writ of mandamus directing police protection, and parties should seek remedies from the civil court; this judgment reaffirms settled precedent and has binding value in similar writ proceedings. Summary Category […]

LawSikho
September 10, 2025
4 Mins Read
74 Views
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When Must Police Register an FIR Upon Receiving a Complaint? — Reaffirmation of Mandatory Duty in Light of Prior Registration

The Andhra Pradesh High Court reaffirms existing precedent that once police register an FIR regarding a complaint, no further judicial orders are necessary for additional action on the same issue. This decision upholds settled law and clarifies the practical expectations for writs seeking FIR registration under Article 226, reinforcing binding precedent for all subordinate courts […]

LawSikho
September 10, 2025
3 Mins Read
58 Views
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Does the Quashing of a Transfer Order Rendered Ineffective by Stay Constitute Binding Precedent on the Scope of Administrative Writ Petitions?

High Court clarifies that when a transfer order loses efficacy solely due to an interim stay and passage of time, quashing may be ordered with liberty to the administration for future action; affirms exercise of discretion but does not lay down new law. Relevant primarily to public service transfer petitions in government employment. Precedent value […]

LawSikho
September 10, 2025
5 Mins Read
80 Views
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Whether Recovery of Excess Salary from an Employee Absent Fraud or Misrepresentation is Barred: High Court Reaffirms Rafiq Masih Rule as Binding Precedent

Recovery of excess payments from employees—where not due to fraud or misrepresentation—is impermissible, reaffirming the Supreme Court’s holding in Rafiq Masih and its progeny. The judgment upholds settled law and is binding on subordinate courts in Chhattisgarh, with clear guidance for service law matters involving public employees. Summary Category Data Case Name WPS/3240/2023 of […]

LawSikho
September 10, 2025
4 Mins Read
70 Views
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Does an Applicant Have a Right to Claim Compassionate Appointment to a Particular Post Based on Educational Qualifications?

The Chhattisgarh High Court, relying on binding Supreme Court authorities, restates that compassionate appointment is not an alternative recruitment avenue nor a right to a specific position; it is an exception made to provide immediate succor to families of deceased employees. The ruling affirms the existing chain of Supreme Court precedents and has high precedential […]

LawSikho
September 10, 2025
4 Mins Read
72 Views
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Does Permanent Total Disability Assessment in Motor Accident Claims Include Continued Employment by the Injured? High Court Clarifies “Just Compensation” Principles

Chhattisgarh High Court upholds and clarifies “just compensation” jurisprudence, affirming 100% permanent disability even where the claimant continued employment post-injury; compensation may exceed claimed amount if warranted by evidence. This is binding precedent for Motor Accident Claims Tribunals (MACTs) in Chhattisgarh and has persuasive value elsewhere. Summary Category Data Case Name MAC/1588/2017 of Rupesh […]

LawSikho
September 10, 2025
4 Mins Read
60 Views
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Can a High Court Enhance Maintenance Awarded under Section 125 CrPC in Revision Merely on Grounds of Alleged Inadequacy? — Precedent Affirmed

The High Court of Chhattisgarh has reaffirmed that a Family Court’s discretionary grant of maintenance under Section 125 CrPC will not be interfered with in revision unless there is illegality, perversity, or jurisdictional error. The decision upholds established principles on the limited revisional scope over maintenance awards and serves as binding authority for subordinate courts […]

LawSikho
September 10, 2025
5 Mins Read
72 Views
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Can a Motor Accident Claims Tribunal Deduct Compensation for Contributory Negligence Solely on the Basis of a Witness’s Stray Statement Without Evidence From the Insurance Company? – Principle Reaffirmed by High Court and Its Binding Value

The High Court of Chhattisgarh has reaffirmed that mere reliance on an isolated statement from a witness does not suffice to establish contributory negligence unless the Insurance Company leads independent evidence substantiating the plea. This decision upholds existing precedents and is binding authority for subordinate courts within Chhattisgarh on the evidentiary requirements for contributory negligence […]

LawSikho
September 10, 2025
3 Mins Read
58 Views
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Is Administrative Inaction in Land Measurement Applications Challengeable Under Article 226 When Statutory Authorities Have Already Considered and Rejected the Plea?

The High Court held that, where authorities have already considered and rejected a land measurement application after inquiry, a writ of mandamus does not lie; the petitioner is relegated to alternative legal remedies. This affirms existing precedent on judicial restraint in exercising writ jurisdiction where administrative remedies are available or exhausted, particularly in the context […]