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

LawSikho
September 5, 2025
4 Mins Read
74 Views
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When Should Tribunals Direct Compensation to Be Kept in Fixed Deposits? Clarification of Guidelines for Major Claimants (Binding Precedent)

Punjab and Haryana High Court holds that mandatory fixed deposit of compensation for major claimants, in the absence of specific risks, is unnecessary; upholds and elucidates existing Supreme Court and High Court precedent. This provides binding guidance for future compensation disbursal orders in claims tribunals, especially in transport accident cases. Summary Category Data Case […]

LawSikho
September 5, 2025
4 Mins Read
98 Views
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Can Public Employees Claim Regularization of Service Based on Recent Supreme Court Precedents?

The High Court of Punjab and Haryana directed that if a public employee makes a representation for regularization of service, the competent authority must consider it in light of binding Supreme Court judgments and give reasoned orders. This upholds established precedent and provides binding procedural guidance within the court’s jurisdiction for handling such cases. […]

LawSikho
September 5, 2025
4 Mins Read
86 Views
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Can Execution of Terms of Divorce by Mutual Consent Under Section 13B HMA Be Stayed or Obstructed Due to Alleged Change in Circumstances When Modification Proceedings Are Pending?

The High Court reaffirmed that unless the mutual settlement (MOU) annexed to a consent divorce decree expressly allows modification based on subsequent changes, Family Courts are bound to enforce the decree and its terms. A pending application to modify settlement terms under Section 25 HMA does not stay execution. This judgment clarifies a recurring issue […]

LawSikho
September 5, 2025
4 Mins Read
82 Views
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Can an Appellate Court Entertain an Appeal When Defects in Appeal Papers Remain Unrectified and the Appellant Fails to Appear? – Reaffirmation of Procedural Compliance as a Jurisdictional Requirement

When an appellant is unrepresented, fails to rectify defects in the memorandum of appeal, and the impugned order has already been acted upon, the appellate court may dismiss the appeal without adjudicating the merits. This judgment upholds existing procedural precedent and reiterates strict compliance with appeal procedures under the Calcutta High Court’s jurisdiction, and can […]

LawSikho
September 5, 2025
3 Mins Read
90 Views
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Can an Employees’ Association Maintain a Writ Petition for Pensionary Benefits After Retirement of Its Members? — Orissa High Court Upholds Non-Maintainability and Finality of Claims Once Other Retirement Benefits Are Availed

The Orissa High Court reaffirmed that a service matter writ petition filed by an employees’ association, seeking pension benefits for members who have already retired and availed other benefits, is not maintainable. The judgment upholds prior precedent on locus standi and timeliness of pensionary claims, reinforcing the legal bar against belated and representative litigation in […]

LawSikho
September 5, 2025
4 Mins Read
92 Views
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Whether Refusal by Minor’s Guardian or the Minor to Medical Examination Can Thwart Protection and Investigation under POCSO Act? — Orissa High Court Upholds Primacy of Child Welfare Committee’s Proceedings and Statutory Protocols

Orissa High Court affirms that the Child Welfare Committee (CWC) holds effective custody and control over care and protection of minor victims, rendering further judicial intervention unwarranted once statutory proceedings are in place; the judgment upholds existing protocol and is binding on subordinate courts and authorities handling child victim rescue and protection under relevant statutes. […]

LawSikho
September 5, 2025
3 Mins Read
84 Views
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Does Filing a Writ Petition Challenging SARFAESI Proceedings Remain Maintainable If No Steps Are Taken and the Issue Becomes Infructuous?

A Calcutta High Court judgment dismisses as infructuous a writ petition against proceedings under Section 13(2) of the SARFAESI Act due to petitioner inaction, clarifying that courts may decline to entertain stale or unpursued writ petitions in banking and financial sector matters. The case upholds existing legal principles and may be cited as binding authority […]

LawSikho
September 5, 2025
2 Mins Read
106 Views
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When Can a Writ Petition Be Dismissed as Infructuous Due to Supervening Events?

The court reaffirmed that if, during the pendency of a writ petition, the relief claimed is granted or the issue is resolved, the petition becomes infructuous and is liable to be dismissed. This ruling upholds established procedural law and constitutes binding precedent for subordinate courts handling writ petitions where the cause of action ceases to […]

LawSikho
September 5, 2025
1 Min Read
68 Views
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What Is the Legal Effect of Withdrawing a Writ Petition Due to Technical Defect? – No Decision on Merits, No Precedential Value

A writ petition withdrawn by the petitioner, with the court’s permission, for a technical defect does not result in a ruling on the legal issues raised. The court neither affirms nor overrules any prior precedent; such an order carries no binding or persuasive value for future cases. Summary Category Data Case Name CWP/13620/2025 of […]

LawSikho
September 5, 2025
7 Mins Read
82 Views
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To What Extent Can High Courts Reappreciate Evidence in Criminal Revision Jurisdiction? | Judgment Upholds Existing Precedent and Confirms Narrow Scope — Binding Authority for Revisional Review

The High Court reaffirmed that its revisional jurisdiction under Sections 397–401 CrPC is extremely limited to correcting patent errors, jurisdictional defects, or gross miscarriage of justice, and does not extend to reappreciation of evidence unless the findings are perverse or unsupported by material on record. This judgment upholds the established legal position of the Supreme […]

LawSikho
September 5, 2025
7 Mins Read
84 Views
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When Can the ‘Last Seen Together’ Doctrine Sustain Conviction Amidst Delay in Recovery of Victim’s Body? Clarifications on Adverse Inference, Death Penalty Standards, and Evidentiary Requirements (Binding Authority, Precedent Upheld)

Calcutta High Court clarifies that adverse inference under ‘last seen together’ can apply when the accused is shown to have picked up the victim from her house—even with a significant time gap till recovery—if the accused fails to explain circumstances of parting company and other incriminating evidence exists. The judgment upholds established Supreme Court precedent […]

LawSikho
September 5, 2025
3 Mins Read
96 Views
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Can an Unrepresented Appellant’s Appeal Be Dismissed When the Impugned Order Is Already Worked Out?

The Calcutta High Court, while affirming existing judicial practice, reiterated that when an appellant is unrepresented and the order under challenge has already been given effect to, the appeal may be dismissed. This stance upholds established procedural doctrine and is binding on all subordinate courts within the jurisdiction. Summary Category Data Case Name MAT/1357/2025 […]