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

LawSikho
September 5, 2025
3 Mins Read
80 Views
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Does the Dismissal of a Writ Petition as Infructuous for Non-Prosecution or Factual Developments Constitute a Decision on the Merits? Clarifying the Precedential Value and Impact on Future Proceedings

The Calcutta High Court, by dismissing a writ petition as infructuous owing to factual developments and lack of prosecution, reiterated that such dismissals do not lay down binding principles of law or decide questions on merits. The judgment affirms established legal approach and serves as limited precedent for procedural disposals, particularly in matters concerning administrative […]

LawSikho
September 5, 2025
4 Mins Read
94 Views
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Can the High Court Dismiss a Habeas Corpus Petition Where the Minor Victim is Rescued, Placed Under Child Welfare Committee Protection, and Medical Examination is Objected to by the Petitioner? Authority of the Child Welfare Committee in Ongoing Proceedings Upheld

The Orissa High Court held that once a minor girl—alleged to be a victim and presently pregnant—has been rescued and placed into a safe home under the supervision of the Child Welfare Committee (CWC) following due process, and where both the petitioner and minor object to a medical examination, it is appropriate for the court […]

LawSikho
September 5, 2025
2 Mins Read
90 Views
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Can a Writ Petition Challenging a Section 144(2) CrPC Order Be Entertained After Lapse of Time if It Has Become Infructuous?

The Calcutta High Court clarified that a writ petition challenging an order under Section 144(2) of the Code of Criminal Procedure, 1973, may be dismissed as infructuous if, with the passage of time, the grievance raised does not survive. This clarification upholds prior precedent and confirms that courts can decline to entertain matters where the […]

LawSikho
September 5, 2025
4 Mins Read
82 Views
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Judgment Affirms Established Legal Principle—Binding Authority for Subordinate Courts in Punjab & Haryana

Court holds that anticipatory bail can be confirmed under Section 482 BNSS, 2023, even in NDPS Act cases, where the accused was not present at the scene, has no prior criminal record, and is only implicated by a disclosure statement. The judgment upholds previous precedent, specifically referencing Ashu v. State of Punjab and Jugraj Singh […]

LawSikho
September 5, 2025
4 Mins Read
100 Views
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Can High Courts Grant Liberty to Approach Authorities Anew After Dismissal of Service and Subsequent Acquittal in Criminal Case?

The Court affirmed that when a writ petition does not warrant substantive orders due to developments after filing (here, acquittal and service reinstatement issues), the petitioner may be granted liberty to seek appropriate remedies through a fresh application. This position upholds existing precedent regarding writ discretion in service matters, and provides binding guidance within the […]

LawSikho
September 5, 2025
4 Mins Read
86 Views
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Does a Written Undertaking to Vacate Premises and Pay Rent, When Affirmed in Court, Bind Respondents to Mesne Profits for Illegal Occupation If Not Honoured? – Precedent from Punjab & Haryana High Court

The Punjab & Haryana High Court affirms that when parties explicitly undertake before the court to vacate premises and pay rent by a stipulated date, failure to comply attracts liability not only under contempt jurisdiction but also for mesne profits for unauthorized occupation beyond the deadline. This judgment upholds prior directions and is binding precedent […]

LawSikho
September 5, 2025
3 Mins Read
78 Views
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May a Petition Challenging Interim Maintenance Orders Be Withdrawn With Liberty to Raise All Pleas Before the Family Court?

The court affirms that when a petitioner withdraws a revision petition against an interim maintenance order, liberty to raise all available pleas before the Family Court may be granted. This decision upholds established procedural flexibility in family law matters and functions as binding authority for subordinate courts in the Punjab and Haryana jurisdiction. Summary […]

LawSikho
September 5, 2025
4 Mins Read
104 Views
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Does Disclosure Statement Alone Justify Arrest or Denial of Anticipatory Bail under NDPS Act Where No Recovery or Prior Criminal Antecedents Are Attributed?

The court reaffirmed that mere implication on the basis of a disclosure statement, absent recovery or prior criminal history, is insufficient for denying anticipatory bail under the NDPS Act if the accused cooperates with the investigation. The decision follows Supreme Court and High Court precedents and serves as binding authority for similar bail matters relating […]

LawSikho
September 5, 2025
3 Mins Read
88 Views
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Does the Dismissal of a Government Employee Upon Acquittal Require Fresh Appointment or Reinstatement under Initial Terms? — Clarification by Punjab & Haryana High Court (Binding Precedent on Liberty to Seek Relief)

The Punjab & Haryana High Court affirms that an acquitted government employee, dismissed from service, is entitled to move an appropriate application for relief regarding reinstatement or related service matters. The judgment upholds the liberty of the individual to seek further remedies and clarifies procedural recourse post-acquittal. This stands as binding precedent within the jurisdiction […]

LawSikho
September 5, 2025
4 Mins Read
80 Views
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Does a Bank’s Alleged Unauthorized Disclosure of Account Statement Justify a Direction to Indemnify or Initiate Criminal Action in a Writ Petition? – Calcutta High Court Reaffirms Limits of Writ Jurisdiction for Disputed Facts

The Calcutta High Court held that when there are serious disputed questions of fact regarding the alleged unauthorized disclosure of bank statements, writ jurisdiction should not be invoked; such matters must be pursued before the appropriate forum. The judgment upholds existing precedent on the limited scope of writ jurisdiction and is binding on all subordinate […]

LawSikho
September 5, 2025
1 Min Read
80 Views
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Does Dismissal for Default Constitute a Pronouncement on the Merits of a Case

Dismissal for default in appearance does not decide any substantive question of law or set precedent, reaffirming the settled rule that such orders lack precedential effect and cannot be cited as authority on the legal issues raised in the petition. This judgment merely applies existing principles and is of purely procedural significance for future proceedings. […]

LawSikho
September 5, 2025
6 Mins Read
88 Views
0 Comments

Can Criminal Proceedings Under Section 379 IPC Be Quashed in Co-Ownership Disputes Where Ownership Is Undecided and the Dispute Is Civil in Nature?

Where multiple co-sharers exist and the nature of rights over property is in dispute, criminal charges of theft under Section 379 IPC should not be pursued unless absolute ownership is established; the judgment affirms Supreme Court precedent, sets out clear guidance on quashing such complaints, and serves as binding authority for West Bengal courts. […]