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

LawSikho
September 4, 2025
4 Mins Read
52 Views
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Does the Benefit of Supreme Court Rulings in Balo Devi and Sunder Singh Extend to Class-III Employees? High Court Reaffirms Precedent and Directs Reconsideration

The Himachal Pradesh High Court reaffirms that judicial benefits accorded to Class-IV employees by the Supreme Court in Balo Devi and Sunder Singh also apply to Class-III employees, upholding its prior Division Bench ruling. This decision clarifies precedent and serves as binding authority within the State. Summary Category Data Case Name CWP/13917/2025 of KRISHAN […]

LawSikho
September 4, 2025
5 Mins Read
60 Views
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Does Notional Extension of Retirement Age for Regularised Daily Wage Employees Mandate Full Salary or Only Notional Pay Fixation for Pension Calculation? (Precedent Upheld and Clarified; Binding Authority for Himachal Pradesh Public Employment Matters)

The court reaffirms that for Class-IV employees regularised after 10.05.2001, but retired before 21.02.2018 at age 58, their retirement is deemed at 60 years only for notional pension calculation—not for actual salary or other benefits for the intervening period. The judgment relies on and upholds Baldev Singh v. State of Himachal Pradesh, and is binding […]

LawSikho
September 4, 2025
2 Mins Read
74 Views
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Can a High Court Civil Writ Petition Be Decided on Merits If the Petitioner’s Counsel Fails to Appear or Pleads ‘No Instructions’? | Upholding Procedural Dismissals as Binding Precedent

The High Court of Rajasthan has reaffirmed that a civil writ petition may be dismissed for non-prosecution when the petitioner or their counsel fails to appear or instruct, with such an order constituting binding authority on procedural defaults unless otherwise provided. This judgment upholds established judicial discipline regarding litigant and counsel responsibility and sets precedent […]

LawSikho
September 4, 2025
5 Mins Read
60 Views
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Can a High Court Entertain a Writ Petition Under Article 226/227 Challenging a Waqf Tribunal Order, or Must Parties File Only a Statutory Revision Under Section 83(9) of the Waqf Act?

The Orissa High Court holds that writ petitions under Article 226/227 challenging Waqf Tribunal orders are maintainable; the nomenclature of a petition (writ or revision) is immaterial as per Supreme Court’s decision in Kiran Devi. The judgment upholds existing precedent, aligning with the procedure set out in the Waqf Act and clarifies registration and roster […]

LawSikho
September 4, 2025
7 Mins Read
82 Views
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Can a Counter-Claim Be Introduced in Arbitration by Amending the Statement of Defence After Framing of Issues? Clarification and Harmonisation with CPC Principles—Precedent for All Arbitration Proceedings

The Calcutta High Court clarifies that, in arbitral proceedings, a counter-claim may not generally be introduced by amending the Statement of Defence after issues are framed—mirroring the procedural position under Order 8 Rule 6A of the CPC. This judgment upholds existing Supreme Court precedent, harmonises procedural timelines under the Arbitration and Conciliation Act, 1996, and […]

LawSikho
September 4, 2025
4 Mins Read
64 Views
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Does a Court Have Discretion to Reassess Property Market Value for Execution Proceedings After Substantial Delay When All Parties Consent? – Modification of Earlier Valuation Orders under Article 227 in Partition/Execution Cases

The Punjab and Haryana High Court clarified that where significant time has elapsed since an earlier property valuation order in a partition/execution matter, and all co-sharers consent to a higher current market value, the court can modify the earlier order to reflect the updated valuation. This judgment upholds consensual determination of asset value and provides […]

LawSikho
September 4, 2025
4 Mins Read
56 Views
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Does Prolonged Pre-Trial Detention Violate the Right to Speedy Trial Even in Serious Offences?—Precedential Guidance from the Punjab & Haryana High Court

The Court held that continued incarceration pending a lengthy trial constitutes a violation of the right to speedy trial under Article 21 of the Constitution, regardless of the seriousness of the alleged offence. Affirming Supreme Court precedent, the decision confirms that bail can be granted in such circumstances. This ruling reinforces existing judicial standards and […]

LawSikho
September 4, 2025
3 Mins Read
58 Views
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Can Bail Be Granted Under NDPS Act for Commercial Quantity Recovery Before Examination of Key Prosecution Witnesses?

The court clarified that when commercial quantity of narcotic drugs is recovered, it is appropriate not to consider regular bail under Section 439 CrPC until some important prosecution witnesses have been examined. This judgment affirms established principles and serves as binding precedent for subordinate courts dealing with bail applications in NDPS cases involving commercial quantities. […]

LawSikho
September 4, 2025
3 Mins Read
50 Views
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Can Anticipatory Bail Be Granted Under Section 482 BNSS When Custodial Interrogation Is Sought to Identify Impersonators Providing Fake Sureties?

Punjab & Haryana High Court upholds the primacy of custodial interrogation when authorities need to uncover and identify impersonators supplying fake sureties for bail. The judgment affirms existing precedent that anticipatory bail may be declined in such circumstances, serving as binding authority for subordinate courts dealing with similar fact situations under the Bharatiya Nagarik Suraksha […]

LawSikho
September 4, 2025
3 Mins Read
80 Views
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When Does a Writ Petition Seeking Release of Admitted Contractual Dues Become Infructuous Due to Payment?

A High Court judgment confirms that once the admitted dues are paid during the pendency of a writ petition, the petition becomes infructuous and is liable to be dismissed. The ruling upholds settled legal principle and may be relied on for similar scenarios involving government or institutional contractors. Summary Category Data Case Name WPC/4150/2018 […]

LawSikho
September 4, 2025
3 Mins Read
60 Views
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Does the Pendency of a Writ Petition Extend Limitation for Fresh Claims in Land Acquisition Compensation Disputes? – Clarification of Remedial Rights

Where a writ petition challenging land acquisition compensation is disposed of on the ground of alternative remedy, the High Court clarified that, if the petitioner files before the appropriate authority within four weeks, such authority should account for the period the writ remained pending when considering limitation. This decision upholds established remedial principles and serves […]

LawSikho
September 4, 2025
3 Mins Read
56 Views
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Does a Writ Petition Seeking Service Benefits Decades After Retirement Merit Dismissal on Grounds of Delay and Laches?

The Patna High Court unequivocally dismissed a writ petition seeking arrears of salary and promotional benefits filed 14 years after retirement, holding that such inordinate delay and laches are fatal to the maintainability of claims pertaining to service benefits. This judgment reinforces existing precedent, binding all subordinate courts within Bihar in service jurisprudence. Summary […]