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

LawSikho
September 4, 2025
3 Mins Read
120 Views
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Can Punjab and Haryana High Court Writ Petitions Be Disposed of Solely on the Basis of Parity with Prior Co-ordinate Bench Decisions Without Detailed Individual Reasoning?

The Punjab and Haryana High Court reaffirmed that when a matter is squarely covered by a prior decision of a Co-ordinate Bench, subsequent writ petitions raising identical issues may be disposed of in parity, without restating detailed reasoning. This approach upholds judicial consistency and is binding as precedent for similar procedural scenarios. Summary Category […]

LawSikho
September 4, 2025
2 Mins Read
64 Views
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Whether a Contempt Petition Becomes Infructuous When the Petitioner So Declares: Reaffirming Principles of Contempt Jurisdiction in Dismissal Orders

The High Court confirms that a contempt petition may be dismissed as infructuous when so stated by the petitioner, without entering into merits—upholding existing precedent and clarifying procedural utility for future cases within the contempt jurisdiction; binding within the Punjab and Haryana High Court’s territorial jurisdiction. Summary Category Data Case Name COCP/2014/2025 of AJAY […]

LawSikho
September 4, 2025
4 Mins Read
92 Views
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Can a Co-sharer Maintain a Suit for Injunction over Undivided Joint Property Absent Exclusive Possession or Partition? (Precedent Upheld; Practical Authority for Property Litigation in Punjab & Haryana Subordinate Courts)

The High Court reaffirmed that a co-sharer cannot sustain a suit for permanent injunction over joint property without evidence of exclusive possession and partition; this ruling upholds settled law, provides binding authority within Punjab & Haryana, and clarifies procedural requirements for future property disputes among co-sharers. Summary Category Data Case Name RSA/44/2019 of GURVAIL […]

LawSikho
September 4, 2025
3 Mins Read
76 Views
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Does Dismissal for Want of Instructions with Liberty to File Fresh Petition Preserve Legal Rights Under Article 226/227?

The High Court reaffirmed that when petitions are dismissed for want of instructions with liberty to file a fresh application, no decision is rendered on the merits, and parties retain the right to seek relief if the cause survives. This aligns with established principles and is binding on all subordinate courts in the jurisdiction, clarifying […]

LawSikho
September 4, 2025
4 Mins Read
92 Views
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Can the Rent Controller Provisionally Assess Rent When the Landlord-Tenant Relationship Is Disputed? Reaffirmation of Settled Law & Binding Authority in Rent Control Proceedings

The Punjab and Haryana High Court confirms that provisional rent may be assessed even if the relationship of landlord and tenant is disputed and an issue is framed on that question; the Appellate Authority’s direction to assess provisional rent is held valid. This upholds existing precedent and clarifies the obligations for both landlords and tenants […]

LawSikho
September 4, 2025
4 Mins Read
104 Views
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Can Long-Term Ad Hoc Service Override Lack of Formal Qualification in Regularization?

The High Court reiterated that where a public employee has put in over three decades of satisfactory service, absence of a specific formal qualification (here, ITI certificate) cannot, by itself, bar consideration for regularization under relevant policy. The judgment affirms established legal principles and is binding on all subordinate courts within the State of Punjab […]

LawSikho
September 4, 2025
3 Mins Read
80 Views
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Does Full Cooperation with Investigation Guarantee Confirmation of Interim Anticipatory Bail Under Sections 420 and 406 IPC?

The Punjab & Haryana High Court upholds that when an accused, granted interim anticipatory bail, has fully joined and cooperated with the investigation and is no longer required by the police, the interim order should be made absolute, subject to compliance with statutory conditions. This order reaffirms existing practice and serves as binding authority for […]

LawSikho
September 4, 2025
2 Mins Read
112 Views
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Can a Trial Court Strike Off Defence for Non-Filing of Written Statement Without Granting Effective Adjournments?

High Court upholds requirement of one last effective opportunity for filing defence, reaffirming principle of merits over technicalities in civil proceedings in Punjab & Haryana; binding authority for subordinate courts Summary Category Data Case Name CR-5956-2025 (O&M) of Kundan Singh & Ors. vs. Inderjit Singh @ Indy Singh Sohi & Ors. CNR PHHC011237152025 Date […]

LawSikho
September 4, 2025
3 Mins Read
80 Views
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Can a trial court permit withdrawal of a civil suit under Order XXIII Rule 1(3) CPC without recording its satisfaction and reasons?

Clarification of procedural requirements under Order XXIII Rule 1(3) CPC in permitting withdrawal of suit; upholds existing precedent and provides binding authority for subordinate courts in Punjab & Haryana Summary Category Data Case Name CR No. 5186 of 2023 of SUKHWINDER KAUR Vs JAGJIT SINGH @ JAGDISH SINGH AND ANOTHER CNR PHHC011138422023 Decision Date […]

LawSikho
September 4, 2025
2 Mins Read
88 Views
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Can a co-owner without exclusive possession seek a permanent injunction in absence of partition?

Affirming appellate judgment, the High Court holds that joint ownership and lack of partition preclude an injunction suit by one co-owner, upholding established principle in property disputes. Summary Category Data Case Name RSA/44/2019 of GURVAIL SINGH Vs JAGPREET SINGH AND ANR CNR PHHC011473192018 Decision Date 01-09-2025 Disposal Nature DISMISSED Judgment Author MRS. JUSTICE ALKA […]

LawSikho
September 4, 2025
4 Mins Read
90 Views
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Can a plaintiff maintain an ad interim injunction after transferring title to the suit property?

High Court reaffirms the three-fold test for interim injunction and holds that transfer of entire interest extinguishes prima facie case Summary Category Data Case Name CO/1574/2023 of RADHA NATH NANDY Vs STATE OF WEST BENGAL AND ORS. CNR WBCHCA0238532023 Date of Registration 12-05-2023 Decision Date 01-09-2025 Disposal Nature DISPOSED Judgment Author HON’BLE JUSTICE HIRANMAY […]

LawSikho
September 4, 2025
4 Mins Read
82 Views
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Does unauthorized kachcha construction on rented open land bar eviction under Section 13(1)(I) of the Bombay Rent Act?

The High Court of Gujarat affirms that “open land” status is determined by historic rent-note classification and separate parcel descriptions, upholding first-appellate findings as binding authority on eviction claims under Sections 13(1)(I) & 13(1)(g). Summary Category Data Case Name CRA/1408/1999 of GANGARAM SANKALCHAND PRAJAPATIDECD. THRO’ HEIRS Vs FIDAHUSEIN MAHMEDALI BALDIWALA CNR GJHC240353901999 Decision Date […]