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

LawSikho
September 5, 2025
6 Mins Read
118 Views
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Can Bail Be Granted in Grave Economic Offences When Civil Remedies Also Exist? Delhi High Court Reaffirms “Fraudulent Intent at Inception” Bars Bail, Upholds Precedent

The High Court of Delhi reiterates that even where civil proceedings are possible, bail will not be granted if there is prima facie evidence of fraudulent intent and grave economic offences involving deep-rooted conspiracies. The judgment upholds existing Supreme Court precedents, maintaining a high threshold for bail in financial fraud cases, and stands as binding […]

LawSikho
September 5, 2025
4 Mins Read
88 Views
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Can Bail/Surety Bond Forfeiture Orders Be Set Aside When the Defendant Fails to Appear Due to a Bona Fide Mistake But Later Surrenders? — Clarification on Discretionary Relief by the High Court under Section 482 CrPC

The High Court reaffirms its discretionary power to recall or modify bail/surety bond forfeiture orders where the absence was due to a genuine error and the petitioner surrenders promptly; such orders may be set aside upon compliance with court-imposed conditions, providing practical guidance for future bail cancellation and restoration applications in criminal trials. The decision […]

LawSikho
September 5, 2025
3 Mins Read
112 Views
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Can Writ Jurisdiction Be Invoked for Claims Relating to Alleged Unauthorized Disclosure of Bank Account Statements When There Are Disputed Questions of Fact?

The Calcutta High Court held that writ jurisdiction cannot be exercised to decide claims regarding the unauthorized disclosure of bank account statements or related indemnity/criminal directions when there exist disputed facts that require further evidence. The judgment reaffirms existing precedent limiting the writ court’s role in factually complex disputes and is binding authority within West […]

LawSikho
September 5, 2025
2 Mins Read
76 Views
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Does Dismissal for Default of a Writ Petition Constitute a Pronouncement on Merits or Precedential Value?

A writ petition dismissed for default due to non-appearance does not decide questions of law or fact, has no precedential value on merits, and cannot be cited as authority. The order simply terminates the proceeding without adjudication. Summary Category Data Case Name WPA/2227/2020 of Sathi Khurana Vs State of West Bengal & ORS CNR […]

LawSikho
September 5, 2025
6 Mins Read
112 Views
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When Can Criminal Proceedings Be Quashed in Joint Property Disputes Involving Section 379 IPC?

The Calcutta High Court, reaffirming existing Supreme Court and High Court precedent, clarified that criminal proceedings under Section 379 IPC (theft) are not maintainable where joint property or civil co-ownership is admitted, and the complainant lacks exclusive title; such disputes are quintessentially civil. This judgment, relying on binding Supreme Court authority, strengthens lawyers’ ability to […]

LawSikho
September 5, 2025
3 Mins Read
80 Views
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Can An Appeal Be Dismissed Solely for Non-Prosecution in The Absence of The Appellant and Non-Filing of Paper Book?

Summary Category Data Case Name AS/497/2008 of M/s. Rama Spinners Pvt. Ltd. Vs The Asst. Accounts Officer APSEB CNR HBHC010431682008 Date of Registration 13-06-2008 Decision Date 15-03-2019 Disposal Nature DISPOSED OF NO COSTS Judgment Author Hon’ble Sri Justice Raghvendra Singh Chauhan Concurring or Dissenting Judges Hon’ble Sri Justice T.Amarnath Goud (concurring) Court High Court […]

LawSikho
September 5, 2025
5 Mins Read
114 Views
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Does a Beneficial Government Circular Apply Retrospectively to Employees Denied Promotional Benefits for Lack of Training Opportunity?—Clarifying the Retrospective Applicability of Benevolent Service Circulars under the Odisha Revised Scales of Pay Rules, 2017

The Orissa High Court clarified that a benevolent circular, granting promotional or pecuniary benefits to government employees, operates retrospectively when denial of training opportunity is not attributable to the employee. The Court set aside the denial of the 3rd Modified Assured Career Progression Scheme (MACPS) benefit on the ground that the government’s own omission could […]

LawSikho
September 5, 2025
4 Mins Read
74 Views
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Can Police Refuse to Register a Cognizable Offence FIR If the Complainant Withdraws: Does Withdrawal Preclude Mandatory FIR Registration?

The Calcutta High Court clarified that police must register an FIR if a complaint discloses cognizable offences, regardless of the complainant’s subsequent withdrawal or reluctance. This judgment affirms the mandatory nature of FIR registration and sets aside contrary procedural handling, reasserting binding precedent for all subordinate courts in West Bengal. Summary Category Data Case […]

LawSikho
September 5, 2025
4 Mins Read
68 Views
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Does a Secretary Have the Authority to Decide Teachers’ Transfer Applications Under Court Directions, or Must Such Decisions Be Made by the Chairman of the Commission?

The Calcutta High Court reaffirms that where a court specifically directs the Chairman of the West Bengal Central School Service Commission to decide a transfer application, only the Chairman has the authority to do so, and any decision by the Secretary is ultra vires and a nullity. This case follows and applies existing principles regarding […]

LawSikho
September 5, 2025
2 Mins Read
86 Views
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Does the Existence of an Alternative Statutory Remedy Bar the Maintainability of a Writ Petition Against Notices Under Section 50(1)(f) of the West Bengal Land Reforms Act, 1955?

The Calcutta High Court reaffirmed that when an efficacious alternative remedy exists under statute, writ jurisdiction will not be invoked against proceedings initiated under Section 50(1)(f) of the West Bengal Land Reforms Act, 1955. This judgment upholds established precedent and serves as binding authority within the jurisdiction. Summary Category Data Case Name WPA/3348/2020 of […]

LawSikho
September 5, 2025
3 Mins Read
80 Views
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Does the High Court Have the Authority to Withhold Pensionary Benefits Due to Disputed Marital Status When the Pensioner Is Still Alive? (No New Law, Withdrawal—the Judgment Does Not Create Binding Precedent)

Court declined to interfere in pension disbursement where the pensioner was alive and entitlement was not shown to be illegal; permitted withdrawal of the writ petition with liberty to pursue civil remedies. Does not set new legal precedent and is not binding authority for future similar disputes. Summary Category Data Case Name WP(C)/421/2024 of […]

LawSikho
September 5, 2025
4 Mins Read
96 Views
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Can Displaced Landowners Insist on Compensation Under an Earlier “Collateral Damage Policy” When a Public Undertaking Seeks to Apply the Latest Policy?

The court clarified that project-affected persons alleging entitlement under an earlier policy, rather than a superseding one, must be allowed to represent their claims; authorities are obliged to consider such representations and pass a reasoned order after hearing both affected persons and the public undertaking. This decision affirms and operationalizes procedural fairness for land acquisition […]