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

LawSikho
September 4, 2025
4 Mins Read
90 Views
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Can Bail Be Granted in Heinous Offences Based Solely on Hostile Witnesses and Parity with Co-accused? – Precedent Affirmed on Bail Principles in Murder Cases Based on Circumstantial Evidence

The High Court reaffirms that in serious offences like murder based on circumstantial evidence, the pendency of trial, hostile witnesses, and bail to a co-accused are not sufficient grounds for regular bail where substantial allegations remain. The judgment upholds established bail jurisprudence and clarifies its continued precedential authority for subordinate courts. Summary Category Data […]

LawSikho
September 4, 2025
4 Mins Read
96 Views
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Can Conditional Warrants of Arrest in Execution of Money Decrees Be Stayed in Favor of First Resort to Hypothecated Assets? Clarification on Executing Court’s Powers under Article 227

The Punjab and Haryana High Court clarified that, where judgment-debtor’s hypothecated assets exist, execution must be first sought against such assets before issuing conditional warrants of arrest; such warrants can be held in abeyance if the judgment-debtor furnishes full and unconditional cooperation. This decision reaffirms and elucidates existing precedent, offering clear practical guidance to executing […]

LawSikho
September 4, 2025
3 Mins Read
82 Views
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Is Section 12A of the Commercial Courts Act Mandatory for All Money Recovery Suits? Calcutta High Court Affirms Limited Applicability of Commercial Courts Act as a Bar to Order 7 Rule 11 Applications

Calcutta High Court holds that Section 12A of the Commercial Courts Act, 2015 is not mandatory where the underlying suit does not qualify as a “commercial dispute” under the Act. The decision upholds the lower court’s finding and clarifies that mandatory pre-institution mediation does not apply universally to all money suits. This judgment reaffirms settled […]

LawSikho
September 4, 2025
4 Mins Read
98 Views
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Can Frivolous or Misconceived Contempt Petitions Be Dismissed With Exemplary Costs? High Court Reaffirms Deterrence Against Abuse of Judicial Process

The Punjab and Haryana High Court reaffirmed that filing contempt petitions without any violation of directions, especially where no enforceable order was passed, amounts to abuse of judicial process and justifies imposition of costs. This decision follows and reiterates existing Supreme Court precedent, reinforcing a strong deterrent against vexatious litigation. Binding precedent for all subordinate […]

LawSikho
September 4, 2025
7 Mins Read
108 Views
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Can Bail Be Granted Under Section 37 of the NDPS Act When Sole Implication is by Co-Accused’s Disclosure Statement? – Precedent Value and Practical Guidance

The Punjab and Haryana High Court clarifies that mere implication through a co-accused’s disclosure statement, without corroborative evidence, cannot by itself bar grant of regular bail under the NDPS Act, even in cases involving commercial quantity. The decision upholds and elucidates settled Supreme Court and High Court authorities, reinforcing nuanced discretion for regular bail under […]

LawSikho
September 4, 2025
3 Mins Read
90 Views
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Can a Convicted Person’s Sentence Under the NDPS Act Be Reduced to “Already Undergone” Solely on Mitigating Circumstances Without Interfering With Conviction?

The High Court of Punjab and Haryana clarified that, notwithstanding upholding the conviction under Section 22 of the NDPS Act, sentencing may be reduced to the period already undergone based on mitigating factors. The decision affirms existing judicial discretion in sentencing for certain NDPS offences and provides binding authority for subordinate courts considering sentence modification […]

LawSikho
September 4, 2025
2 Mins Read
78 Views
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Does Quashing of Criminal Proceedings Under Section 528 of BNSS Survive When State Investigation Exonerates the Accused?

Where criminal proceedings are found unsubstantiated after investigation and accused stands exonerated, petitions under Section 528 BNSS for quashing may be dismissed as not pressed. This decision affirms established judicial approach, providing clarity for future quashing petitions in such circumstances within Punjab and Haryana. Summary Category Data Case Name CRM-M/33669/2025 of AMARINDER SINGH Vs […]

LawSikho
September 4, 2025
3 Mins Read
88 Views
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Does Anticipatory Bail Continue Upon Compliance With Investigation — Clarification of Law Under Section 482 BNSS, 2023 (Corresponding to Section 438 CrPC)?

The High Court reaffirms that once an accused joins investigation as directed and is not required for further custodial interrogation, interim anticipatory bail can be made absolute, subject to statutory conditions. This ruling upholds existing precedent and is binding on subordinate courts for cases involving pre-arrest bail under BNSS, 2023. Summary Category Data Case […]

LawSikho
September 4, 2025
5 Mins Read
102 Views
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Can a High Court Direct Police Authorities to Decide a Representation Under Section 528 BNSS When a Police Inquiry Finds Allegations Baseless in the Context of an Ongoing Civil Land Dispute?

The High Court of Punjab and Haryana reaffirmed that when a police inquiry—prompted by a judicial directive—finds no evidence supporting the petitioner’s allegations and civil litigation over the disputed matter is ongoing, the Court will not intervene further under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This judgment clarifies the scope of judicial […]

LawSikho
September 4, 2025
2 Mins Read
124 Views
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Does Subsequent Modification of an Underlying Order by Appellate Proceedings Render Pending Contempt Petitions Infructuous?

Contempt jurisdiction ceases where the order alleged to have been disobeyed is modified in appeal—such petitions become infructuous and must be disposed of accordingly. This decision reaffirms settled legal principle, serving as binding authority within the Punjab and Haryana jurisdiction for similar scenarios. Summary Category Data Case Name COCP/2796/2019 of SURAJ PARKASH BAJAJ Vs […]

LawSikho
September 4, 2025
3 Mins Read
102 Views
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Does Withdrawal of Execution Proceedings Render a Revision Petition Infructuous Under Article 227? Clarification from the Punjab and Haryana High Court

The High Court clarified that when execution proceedings are withdrawn, any pending revision petition challenging orders in those proceedings under Article 227 of the Constitution becomes infructuous and should be disposed of accordingly. This case reaffirms established procedure and is of binding value for subordinate courts in similar family law matters. Summary Category Data […]

LawSikho
September 4, 2025
4 Mins Read
116 Views
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When Can Bail Be Granted to a Juvenile Accused of Grave Offences? Orissa High Court Clarifies Application of Section 12 of Juvenile Justice Act and Upholds Primacy of Speedy Trial in Prolonged Detentions

Court reaffirms that bail to a child in conflict with law cannot be refused unless specific statutory exceptions under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 are met. The judgment upholds binding precedent, and establishes that prolonged detention in the observation home—especially after material witnesses are examined—strengthens the case […]