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

LawSikho
September 4, 2025
4 Mins Read
64 Views
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Can Frivolous or Misconceived Contempt Petitions Be Dismissed With Exemplary Costs? High Court Reaffirms Deterrence Against Abuse of Judicial Process

The Punjab and Haryana High Court reaffirmed that filing contempt petitions without any violation of directions, especially where no enforceable order was passed, amounts to abuse of judicial process and justifies imposition of costs. This decision follows and reiterates existing Supreme Court precedent, reinforcing a strong deterrent against vexatious litigation. Binding precedent for all subordinate […]

LawSikho
September 4, 2025
7 Mins Read
76 Views
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Can Bail Be Granted Under Section 37 of the NDPS Act When Sole Implication is by Co-Accused’s Disclosure Statement? – Precedent Value and Practical Guidance

The Punjab and Haryana High Court clarifies that mere implication through a co-accused’s disclosure statement, without corroborative evidence, cannot by itself bar grant of regular bail under the NDPS Act, even in cases involving commercial quantity. The decision upholds and elucidates settled Supreme Court and High Court authorities, reinforcing nuanced discretion for regular bail under […]

LawSikho
September 4, 2025
3 Mins Read
56 Views
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Can a Convicted Person’s Sentence Under the NDPS Act Be Reduced to “Already Undergone” Solely on Mitigating Circumstances Without Interfering With Conviction?

The High Court of Punjab and Haryana clarified that, notwithstanding upholding the conviction under Section 22 of the NDPS Act, sentencing may be reduced to the period already undergone based on mitigating factors. The decision affirms existing judicial discretion in sentencing for certain NDPS offences and provides binding authority for subordinate courts considering sentence modification […]

LawSikho
September 4, 2025
2 Mins Read
50 Views
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Does Quashing of Criminal Proceedings Under Section 528 of BNSS Survive When State Investigation Exonerates the Accused?

Where criminal proceedings are found unsubstantiated after investigation and accused stands exonerated, petitions under Section 528 BNSS for quashing may be dismissed as not pressed. This decision affirms established judicial approach, providing clarity for future quashing petitions in such circumstances within Punjab and Haryana. Summary Category Data Case Name CRM-M/33669/2025 of AMARINDER SINGH Vs […]

LawSikho
September 4, 2025
3 Mins Read
64 Views
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Does Anticipatory Bail Continue Upon Compliance With Investigation — Clarification of Law Under Section 482 BNSS, 2023 (Corresponding to Section 438 CrPC)?

The High Court reaffirms that once an accused joins investigation as directed and is not required for further custodial interrogation, interim anticipatory bail can be made absolute, subject to statutory conditions. This ruling upholds existing precedent and is binding on subordinate courts for cases involving pre-arrest bail under BNSS, 2023. Summary Category Data Case […]

LawSikho
September 4, 2025
5 Mins Read
72 Views
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Can a High Court Direct Police Authorities to Decide a Representation Under Section 528 BNSS When a Police Inquiry Finds Allegations Baseless in the Context of an Ongoing Civil Land Dispute?

The High Court of Punjab and Haryana reaffirmed that when a police inquiry—prompted by a judicial directive—finds no evidence supporting the petitioner’s allegations and civil litigation over the disputed matter is ongoing, the Court will not intervene further under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This judgment clarifies the scope of judicial […]

LawSikho
September 4, 2025
2 Mins Read
82 Views
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Does Subsequent Modification of an Underlying Order by Appellate Proceedings Render Pending Contempt Petitions Infructuous?

Contempt jurisdiction ceases where the order alleged to have been disobeyed is modified in appeal—such petitions become infructuous and must be disposed of accordingly. This decision reaffirms settled legal principle, serving as binding authority within the Punjab and Haryana jurisdiction for similar scenarios. Summary Category Data Case Name COCP/2796/2019 of SURAJ PARKASH BAJAJ Vs […]

LawSikho
September 4, 2025
3 Mins Read
68 Views
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Does Withdrawal of Execution Proceedings Render a Revision Petition Infructuous Under Article 227? Clarification from the Punjab and Haryana High Court

The High Court clarified that when execution proceedings are withdrawn, any pending revision petition challenging orders in those proceedings under Article 227 of the Constitution becomes infructuous and should be disposed of accordingly. This case reaffirms established procedure and is of binding value for subordinate courts in similar family law matters. Summary Category Data […]

LawSikho
September 4, 2025
4 Mins Read
78 Views
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When Can Bail Be Granted to a Juvenile Accused of Grave Offences? Orissa High Court Clarifies Application of Section 12 of Juvenile Justice Act and Upholds Primacy of Speedy Trial in Prolonged Detentions

Court reaffirms that bail to a child in conflict with law cannot be refused unless specific statutory exceptions under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 are met. The judgment upholds binding precedent, and establishes that prolonged detention in the observation home—especially after material witnesses are examined—strengthens the case […]

LawSikho
September 4, 2025
2 Mins Read
70 Views
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Does a Civil Appeal Abate Upon Death of the Sole Appellant When No Legal Representative Seeks Substitution?

The court reaffirmed the settled principle that, where a sole appellant dies during the pendency of a Regular Second Appeal and no legal representative comes forward to be substituted, the appeal abates by operation of law. This approach is consistent with established procedural law and holds binding value for courts dealing with abatement of appeals […]

LawSikho
September 4, 2025
3 Mins Read
68 Views
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Can a Writ Petition Be Withdrawn With Liberty to Challenge a Subsequent Order Without Bar of “Same Cause of Action”? — Position Affirmed by Rajasthan High Court

The Rajasthan High Court reaffirms that withdrawal of a writ petition due to a subsequent order does not require formal liberty for assailing the new order, as any challenge would not arise from the “same cause of action.” This order follows existing precedent and holds persuasive value for future litigation in administrative and public law […]

LawSikho
September 4, 2025
5 Mins Read
82 Views
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When Can Bail Be Granted to Juveniles in Serious Offence Cases? Orissa High Court Clarifies the Primacy of Section 12 of the JJ Act and the Fundamental Right to Speedy Trial

The Orissa High Court has reaffirmed that bail to a child in conflict with law (CICL) cannot be refused merely on the nature of the alleged serious offence unless statutory exceptions under Section 12 of the Juvenile Justice Act are satisfied. The Court set aside an order denying bail due to prolonged detention and non-consideration […]