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

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

Can a Dismissed Divorce Petition Be Set Aside and the Matrimonial Relationship Restored on Compromise Before a High Court? Clarification on the Finality of Decrees in Matrimonial Matters Following an Appellate Settlement

The Himachal Pradesh High Court held that, upon appeal from the dismissal of a divorce petition, the court may facilitate and record a compromise between parties to resume matrimonial relations, with such compromise terms forming part of the decree, thereby providing practical guidance for family law litigation and the appellate process. The judgment affirms court-facilitated […]

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

Does the Existence of a Statutory Appeal Prevent the High Court from Granting a Writ of Mandamus Against Licensing Authorities Under Article 226?

The court held that when a statutory order has been passed, the petitioner must challenge it through the prescribed legal channels rather than seeking a direct writ of mandamus. This judgment upholds existing precedent requiring parties to exhaust alternative remedies, with clear implications for mining and land license matters. The decision is binding on all […]

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

Can Criminal Proceedings Under Sections 498A/406/34 IPC Be Quashed on the Basis of Settlement in Matrimonial Disputes? – Clarification and Reaffirmation of Settled Law by Delhi High Court

Delhi High Court reaffirms that criminal proceedings arising out of matrimonial disputes under Sections 498A/406/34 IPC can be quashed when parties reach a voluntary settlement; upholds Supreme Court precedent and continues the approach favouring quashing in such cases. Confirms strong binding value for matrimonial and family law practitioners. Summary Category Data Case Name CRL.M.C./6089/2025 […]

LawSikho
September 4, 2025
2 Mins Read
86 Views
0 Comments

Does a Writ Petition Abate Automatically on the Death of the Petitioner if Legal Heirs Are Not Substituted Within Time?

The Madras High Court reaffirmed that when a petitioner dies and steps are not taken to substitute legal heirs despite adjournments, the writ petition stands dismissed as abated. This preserves procedural discipline and is binding precedent for subordinate courts dealing with abatement in writ proceedings in Tamil Nadu and Puducherry. Summary Category Data CNR […]

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

Does Mere Allegation of Transfer in Violation of Injunction Justify Interim Injunction When Plaintiff Has Conveyed Title? Calcutta High Court Reaffirms Legal Tests for Grant of Injunction Orders Under Article 227

Calcutta High Court holds that prior transfer of title by plaintiff defeats claim for interim injunction, even if violation of injunction is alleged; affirms that established legal tests—prima facie case, balance of convenience, and irreparable injury—remain mandatory. Existing precedents on nullity of transfers in violation distinguished on facts. The decision is binding authority for West […]

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

Is a Writ Petition Maintainable Against Actions Taken Under Section 14 of the SARFAESI Act When an Alternative Remedy Exists?

The Calcutta High Court reiterated that writ jurisdiction under Article 226 should not be exercised to challenge proceedings initiated under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, where an efficacious alternative remedy is available. This judgment consolidates the established legal position and is binding authority […]

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

Can Criminal Proceedings for Offences Under Sections 279 and 338 IPC Be Quashed Upon Settlement Under Section 528 of BNSS, 2023?

The Uttarakhand High Court confirms that criminal proceedings under Sections 279 and 338 IPC can be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when parties settle privately and the victim supports quashing. The judgment upholds existing precedent and provides binding authority for subordinate courts within Uttarakhand in motor vehicle mishap and […]

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

Whether “Open Land” Under Section 13(1)(I) of the Bombay Rent Act Includes Land With Unauthorized Constructions? Reaffirmation of Substantive Law and Scope of Revisional Jurisdiction

The Gujarat High Court has reaffirmed that for the purpose of Section 13(1)(I) of the Bombay Rent Act, land originally leased as “open land” does not lose that character merely due to subsequent unauthorized construction by the tenant. The judgment upholds existing precedent, clarifies criteria for ejectment, and restricts revisional interference to questions of law. […]

LawSikho
September 4, 2025
7 Mins Read
110 Views
0 Comments

Does Failure to Inform a Detenu About the Right to Represent to the Detaining Authority Vitiate Preventive Detention Orders?

The High Court of Jammu and Kashmir ruled that a preventive detention order is vitiated if the detenu is not specifically informed of their right to make representation to the detaining authority, and not just to the Government. This judgment affirms and applies Supreme Court precedent, stressing strict adherence to constitutional safeguards under Article 22(5), […]

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

Is Statutory Interest Mandatory on Delayed Payment of Retiral Benefits When Employer Concedes Delay? (Precedent Confirmed)

The Himachal Pradesh High Court has reaffirmed that statutory interest on delayed payment of retiral benefits must be paid, even if the employer subsequently releases the principal amount and admits liability for interest. This judgment upholds existing precedent and will serve as binding authority for similar disputes involving pension and retirement dues across public sector […]

LawSikho
September 4, 2025
5 Mins Read
86 Views
0 Comments

Is Quantum for Loss of Consortium to Each Eligible Claimant Mandatory in Motor Accident Death Claims?

High Court clarifies, with binding effect, that each eligible dependent—spouse and children—must be awarded separate compensation for loss of consortium as per the Supreme Court’s ruling, overriding prior practice of a consolidated or lower amount. Affirms S.C. law, adjusts local compensation norms, and is binding on MACTs and subordinate courts in Punjab, Haryana, and Chandigarh. […]

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

Can High Courts Entertain Writ Petitions Challenging Possession Notices under Section 14 of SARFAESI Act? Reaffirming the Bar under Article 226 and Upholding Alternative Remedy Doctrine

Reiterates that High Courts must refrain from exercising jurisdiction under Article 226 in SARFAESI matters where an alternative remedy before DRT/DRAT exists; upholds previous Supreme Court precedent and is binding authority for all SARFAESI litigation before subordinate courts within the High Court’s territorial jurisdiction. Summary Category Data Case Name CWP/25852/2025 of JATINDER KAUR Vs […]