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

LawSikho
September 4, 2025
6 Mins Read
56 Views
0 Comments

Can work-charged employees with over a decade of service be retrospectively regularized for pensionary benefits despite being on fixed pay and lacking sanctioned posts?

Division Bench affirms Supreme Court precedents and legislative intent under the Nagaland Work-Charged and Casual Employees Regulation Act 2001, overrules W.A. No. 27/2022 as per incurium, and holds that retrospective regularization for pension is available Summary Category Data Case Name WA/3/2024 of SHRI PAOLAM Vs THE STATE OF NAGALAND AND 4 ORS CNR GAHC020000402024 […]

LawSikho
September 4, 2025
4 Mins Read
62 Views
0 Comments

Can gang rape convictions under Section 376(d) IPC be upheld despite delayed FIR, TIP irregularities, hostile witnesses, and lack of DNA testing?

Chhattisgarh High Court affirms established precedents on hostile-witness evidence, excuses delay in rape FIRs, and holds FSL and medical findings sufficient, creating binding authority for lower courts. Summary Category Data Case Name CRA/118/2019 of NITESH KUJUR Vs STATE OF CHHATTISGARH CNR CGHC010002282019 Date of Registration 16-01-2019 Decision Date 02-09-2025 Disposal Nature DISMISSED Judgment Author […]

LawSikho
September 4, 2025
3 Mins Read
68 Views
0 Comments

Is a Complainant in a Section 138 NI Act Proceeding a ‘Victim’ Under BNSS and Entitled to Appeal Despite Time Bar?

High Court of Chhattisgarh reaffirms Supreme Court’s Celestium Financial precedent, upholding appellate remedy under Section 413 BNSS (proviso to Section 372 CrPC) and directing liberal approach to limitation—binding on subordinate criminal courts Summary Category Data Case Name ACQA/1098/2024 of MANOHAR YADAV Vs Bramha Yadav CNR CGHC010383332024 Date of Registration 04-11-2024 Decision Date 02-09-2025 Disposal […]

LawSikho
September 4, 2025
4 Mins Read
60 Views
0 Comments

Can additions under Section 68 on unexplained cash credits and under Section 145(3) on estimated production yield stand on mere suspicion when the assessee furnishes comprehensive documentary evidence?

Court reaffirms existing precedents on burden‐shifting in unexplained cash credits and limits on conjectural additions under income‐tax assessments Summary Category Data Case Name TAXC/38/2022 of THE DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL) Vs M/S ABISHEK STEEL INDUSTRIES LTD. CNR CGHC010190222022 Decision Date 02-09-2025 Disposal Nature DISMISSED Judgment Author Hon’ble Sanjay K. Agrawal, J. Concurring […]

LawSikho
September 4, 2025
3 Mins Read
48 Views
0 Comments

Can a State’s Technical Education Authority Fix an Earlier Admission Cut-off Despite the AICTE Academic Calendar?

Clarifying That the AICTE’s Admission Timeline Applies Only to Newly Affiliated Institutes, Upholding State-Fixed Counseling Schedules as Binding Authority Summary Category Data Case Name WPC/4666/2025 of MAHANADI EDUCATION SOCIETY Vs STATE OF CHHATTISGARH CNR CGHC010375752025 Date of Registration 29-08-2025 Decision Date 02-09-2025 Disposal Nature Dismissed Judgment Author Hon’ble Shri Ramesh Sinha, Chief Justice Concurring […]

LawSikho
September 4, 2025
3 Mins Read
48 Views
0 Comments

Can Established Technical Institutes Invoke AICTE Academic Calendar to Extend Admission Counselling Schedule?

The High Court rejects extension, holding AICTE’s calendar applicability limited to newly affiliated institutes—upholding state’s counselling timeline in technical education admissions. Summary Category Data Case Name WPC/4674/2025 of GDR EDUCATIONAL SOCIETY Vs STATE OF CHHATTISGARH CNR CGHC010375742025 Decision Date 02-09-2025 Disposal Nature DISMISSED Judgment Author Hon’ble Shri Ramesh Sinha, Chief Justice Court High Court […]

LawSikho
September 4, 2025
3 Mins Read
54 Views
0 Comments

Can a Complainant in a Cheque-Bounce Case Be a “Victim” Entitled to Appeal an Acquittal under the Proviso to Section 372 CrPC?

High Court Upholds Supreme Court in Celestium Financial (2025 INSC 804), Confirming That Complainants under Section 138 NI Act Are “Victims” under CrPC/BNSS and May File Appeals Post-Acquittal; Binding on Subordinate Courts in Chhattisgarh Summary Category Data Case Name ACQA No. 515 of 2024 of Somit Kumar Sahu Vs Mangilal Rathi CNR CGHC010241072024 Decision […]

LawSikho
September 4, 2025
3 Mins Read
44 Views
0 Comments

Should minimum wage rates govern monthly income computation in motor accident death claims?

High Court of Chhattisgarh affirms Sarla Verma, Pranay Sethi and Magma guidelines; holds that, in absence of conclusive proof, minimum wages for the deceased’s trade (masonry) form the basis for compensation calculation, binding on subordinate courts in Chhattisgarh. Summary Category Data Case Name MAC/1223/2022 of SMT. SUNITA BAI Vs SHEIKH KALIM KHAN CNR CGHC010321842022 […]

LawSikho
September 4, 2025
4 Mins Read
54 Views
0 Comments

Can a rape conviction under Section 376(3) IPC and POCSO Act stand without conclusive proof of the victim’s minority?

When lack of material evidence on age requires conversion of Section 376(3) IPC to Section 376(1) — High Court of Chhattisgarh upholds Alamelu precedent, partly allowing appeal and serving as binding authority for subordinate courts. Summary Category Data Case Name CRA/1401/2019 of SIRTI DARRO @ SURJEET SINGH DARRO, Vs STATE OF CHHATTISGARH CNR CGHC010324172019 […]

LawSikho
September 4, 2025
4 Mins Read
48 Views
0 Comments

Are successive departmental charge-sheets on identical allegations subject to premature judicial interference before any enquiry conclusion?

High Court of Chhattisgarh reaffirms that charge-sheets cannot be quashed at the initial stage for technical or repetitive defects, permitting fresh issuance to cure procedural flaws; binding authority for subordinate courts in service law matters. Summary Category Data Case Name WPS No. 3889 of 2025 of RAMESH KUMAR SHARMA Vs SECL CNR CGHC010191822025 Date […]

LawSikho
September 4, 2025
4 Mins Read
50 Views
0 Comments

Can a Complainant Under Section 138 NI Act Appeal as a Victim Under Proviso to Section 372 CrPC Without Special Leave Under Section 378?

Yes – the Chhattisgarh High Court applies and affirms the Supreme Court’s Celestium Financial ruling that a complainant under Section 138 of the Negotiable Instruments Act qualifies as a victim under Section 2(wa) CrPC, entitling them to a direct appeal under the proviso to Section 372 CrPC. This decision upholds existing precedent and serves as […]

LawSikho
September 4, 2025
4 Mins Read
62 Views
0 Comments

Can High Courts Entertain Writ Petitions on Pure Contractual Disputes Involving Disputed Facts?

Reaffirming that Article 226 does not extend to fact-intensive private contracts, the Gauhati High Court follows Supreme Court precedents like Puna Hinda and Municipal Committee Katra; petitioners must pursue civil remedies, with time spent condoned for limitation. Summary Category Data Case Name WP(C)/143/2024 of Sh. P.C Vanlalawmpuia Vs The State of Mizoram r/b the […]