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

LawSikho
September 10, 2025
3 Mins Read
66 Views
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Does Reassignment Within the Same Tahsil Constitute a Transfer? Chhattisgarh High Court Upholds Administrative Power to Change Patwari Halka Numbers Without Attracting Transfer Law

The Chhattisgarh High Court clarifies that reassigning a government employee’s charge within the same Tahsil—such as changing a Patwari’s Halka number—does not amount to a transfer under service law; such decisions, when based on administrative exigency, are not subject to judicial interference unless shown to be perverse or illegal. This holding affirms established precedent and […]

LawSikho
September 10, 2025
4 Mins Read
78 Views
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Does Rule 351-A of the Civil Services Regulations Permit Post-Retirement Disciplinary Proceedings and Recovery Orders Based on Departmental Losses?

The court affirms that, following prior Board sanction, disciplinary inquiry and recovery orders under Rule 351-A can be lawfully initiated and concluded after an officer’s retirement, where loss to government is established; calculation methodology, if undisputed, cannot be challenged on grounds of other officers’ involvement unless supported by substantial material. This decision reinforces existing precedent […]

LawSikho
September 10, 2025
3 Mins Read
78 Views
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Can a High Court Review Its Own Order for Alleged Violations of Section 13(8) SARFAESI Act in Auction Sale Proceedings?

The High Court of Chhattisgarh has reaffirmed that review jurisdiction under Article 226 is limited to clear errors apparent on the face of record, declining to entertain review on the merits of the underlying auction process or alleged statutory violations under Section 13(8) of the SARFAESI Act. This decision does not overrule or modify existing […]

LawSikho
September 10, 2025
4 Mins Read
78 Views
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Can a Dependent Claim Compassionate Appointment When Another Family Member Is Already in Government Service? High Court Reaffirms Strict Interpretation of Policy Clause 6A

The High Court of Chhattisgarh unequivocally upholds the policy barring compassionate appointments to any dependent when another family member is already in government service, reaffirming Division Bench precedent and emphasizing strict adherence to government scheme provisions—with binding precedential value for service jurisprudence in Chhattisgarh. Summary Category Data Case Name WPS/6524/2022 of DEVANTIN KHADHE Vs […]

LawSikho
September 10, 2025
4 Mins Read
70 Views
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Can a Complainant in a Cheque Dishonour Case Under Section 138 of the NI Act File a Victim’s Appeal Against Acquittal Under Section 413 of BNSS, 2023?

The court confirms that, following the Supreme Court’s decision in *M/s. Celestium Financial v. A. Gnanasekaran*, complainants in Section 138 NI Act cases are “victims” for the purposes of Section 2(y) of the BNSS, 2023, and may thus avail of an appeal under Section 413 of BNSS against acquittal. This judgment aligns with and applies […]

LawSikho
September 10, 2025
3 Mins Read
80 Views
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Can a Writ Petition Be Entertained to Quash a Notice Requiring Production of Documents During a Criminal Investigation When No Coercive Action Is Indicated? – Precedent Affirmed by Chhattisgarh High Court

The Chhattisgarh High Court reiterates that mere issuance of a notice calling for documents from individuals not named in the FIR, absent any indication of coercive action or threat of arrest, does not warrant quashing under writ jurisdiction; appropriate remedies are available in accordance with law. This judgment affirms existing principles and serves as binding […]

LawSikho
September 10, 2025
5 Mins Read
86 Views
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Can Compassionate Appointment Be Claimed Decades After An Employee’s Death? Chhattisgarh High Court Affirms Strict Adherence to Limitation Periods

The Chhattisgarh High Court reiterates that compassionate appointment is intended solely as immediate relief for dependents in distress and cannot be claimed after an inordinate delay; a 19-year delay is fatal regardless of circumstances. The Court upholds Supreme Court precedent and the express terms of relevant policy, confirming strict limitation periods as binding precedent for […]

LawSikho
September 10, 2025
3 Mins Read
74 Views
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Is Writ Jurisdiction Under Article 226 Barred When an Equally Efficacious Remedy Exists Before the Debts Recovery Tribunal?

High Court reiterates that writ petitions are not maintainable where petitioners have an alternative and equally efficacious remedy before the Debts Recovery Tribunal, in line with Radha Krishan Industries and United Bank of India v. Satyawati Tondon; serves as binding precedent for future similar cases involving banking or debt recovery matters. Summary Category Data […]

LawSikho
September 10, 2025
4 Mins Read
68 Views
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Whether Delay Alone Bars Amendment of Written Statement and Framing of Additional Issues Under CPC — Existing Principles Reaffirmed as Binding Authority

The Chhattisgarh High Court has reaffirmed that applications for amendment of written statement (Order 6 Rule 17 CPC) and for framing of additional issues (Order 14 Rule 5 CPC) can be allowed even at a belated stage if the case is at an initial stage, provided there is no demonstrated perversity or illegality. The judgment […]

LawSikho
September 10, 2025
3 Mins Read
76 Views
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During COVID-19, Must Physical Presence Be Mandated for Teachers to Receive Salary—Where Government Orders Permit Online Working? (Binding, Precedential Clarification for Public Employment Law)

The Chhattisgarh High Court reaffirmed that, during periods where government orders relax the requirement of physical attendance for teachers owing to the COVID-19 pandemic, salaries and related service benefits cannot be withheld if duties (such as online classes) are discharged. This judgment upholds existing administrative directions, creating strong binding precedent within the education sector for […]

LawSikho
September 10, 2025
5 Mins Read
72 Views
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To What Extent Can the High Court Interfere with Factual Findings of a Foreigners Tribunal in Citizenship Determination?

The Gauhati High Court has clarified that while exercising jurisdiction under Article 226 of the Constitution, a writ court will not reappreciate or re-evaluate evidence presented before the Foreigners Tribunal unless its findings are irrational or perverse. This judgment upholds established precedent and serves as binding authority within its territorial jurisdiction, reinforcing procedural expectations in […]

LawSikho
September 10, 2025
6 Mins Read
64 Views
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Does “Preference” for Local Candidates in Appointment to Public Posts Override Superior Merit? Gauhati High Court Affirms Preference Applies Only When Candidates Are Equal

The Gauhati High Court has clarified that, in competitive public appointments, a “preference” clause for local candidates (such as residents of BTR) can be invoked only when candidates are otherwise equal in merit. By following Supreme Court precedent and the specific advertisement criteria, the Court reaffirmed existing law and directed that merit prevails unless there […]