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

LawSikho
September 4, 2025
5 Mins Read
108 Views
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Does a preventive detention order fail if the detenu is not informed of his right to representation before the detaining authority and the grounds merely mirror the police dossier?

Summary Category Data Case Name HCP/62/2025 of SHAMAS DIN TH KAKU DIN Vs UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT JAMMU AND OTHERS CNR JKHC020023042025 Date of Registration 03-05-2025 Decision Date 01-09-2025 Disposal Nature Disposed Off Judgment Author Hon’ble Mr. Justice M A Chowdhary Court High Court of Jammu […]

LawSikho
September 4, 2025
1 Min Read
110 Views
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Can a Civil Appeal Under Section 100 CPC Be Dismissed for Non-Prosecution When the Appellant Fails to Appear?

High Court reaffirms its inherent power under Section 100 of the Civil Procedure Code to dismiss appeals for non-prosecution; binds litigants on the need for active prosecution Summary Category Data Case Name RSA/892/2016 of GRAMA PANCHAYATH LAKKAVALLI Vs SRI K T GOVINDASWAMY CNR KAHC010543672016 Date of Registration 30-05-2016 Decision Date 13-10-2023 Disposal Nature DISMISSED […]

LawSikho
September 4, 2025
3 Mins Read
86 Views
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Can an insurer allege fundamental breach for use of an invalid driving licence without pleading the owner’s knowledge of its invalidity?

High Court reaffirms that insurers must plead and prove the insured’s awareness of licence invalidity before alleging breach—binding on all subordinate courts Summary Category Data Case Name CMPMO/1/2021 of RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs KAMLA DEVI AND OTHERS CNR HPHC010435422020 Decision Date 01-09-2025 Disposal Nature Dismissed Judgment Author Justice Bipin Chander Negi Court […]

LawSikho
September 4, 2025
3 Mins Read
90 Views
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Can an appellate court reappraise a trial court’s refusal of interim injunction when the existence of a disputed right of way is a triable issue?

High Court affirms Uttarakhand appellate court’s authority under Article 227 to set aside a trial court’s rejection of an injunction application, holding that factual disputes over a pathway must await full trial; binding guidance for interim relief in property disputes. Summary Category Data Case Name WPMS/2493/2025 of SURENDRA ARORA Vs ANITA ARORA CNR UKHC010130122025 […]

LawSikho
September 4, 2025
2 Mins Read
94 Views
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Can the High Court quash FIRs for non-heinous sexual and related offences when the complainant has compromised and the State raises no objection?

Summary Category Data Case Name CRL.M.C./6143/2025 of VINOD Vs THE STATE GOVT. OF NCT OF DELHI AND ANR CNR DLHC010631932025 Decision Date 01-09-2025 Judgment Author HON’BLE MR. JUSTICE GIRISH KATHPALIA Court High Court of Delhi Bench Single Judge Questions of Law Whether FIR No. 260/2016 for offences under Sections 354, 354A, 354D, 509, 506 […]

LawSikho
September 4, 2025
1 Min Read
94 Views
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Can a Regular Second Appeal Be Dismissed for Non-Prosecution When the Appellant Fails to Appear?

High Court Reaffirms the Procedural Principle That Civil Appeals May Be Dismissed for Non-Prosecution; Binding Authority for Similar Applications Summary Category Data Case Name RSA No. 892 of 2016 of Grama Panchayath Lakkavalli vs Sri K T Govindaswamy CNR KAHC010543672016 Decision Date 13-10-2023 Disposal Nature Dismissed for non-prosecution Judgment Author Justice Ashok S. Kinagi […]

LawSikho
September 4, 2025
4 Mins Read
106 Views
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Can conviction under Section 307 IPC stand when the required intent to murder is absent, and should it be reduced to Section 326 IPC?

High Court of Chhattisgarh reaffirms Supreme Court precedents on the ingredients of attempt to murder and unlawful-assembly liability; holds lack of intent to kill mandates conviction under Section 326/149 IPC, binding on Chhattisgarh’s lower courts. Summary Category Data Case Name CRA/192/2005 of Narayan Soni and Ors. Vs State of Chhattisgarh CNR CGHC010162082005 Decision Date […]

LawSikho
September 4, 2025
3 Mins Read
84 Views
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Can a Section 138 NI Act Complainant Be Treated as a “Victim” under CrPC and Entitled to Appeal under the Proviso to Section 372 CrPC?

Summary Category Data Case Name ACQA No. 1060 of 2024 of Shahid Ahmad Vs Inderpal Singh CNR CGHC010348572024 Date of Registration 07-10-2024 Decision Date 02-09-2025 Disposal Nature Disposed, liberty reserved for appellant to file appeal within 60 days Judgment Author Hon’ble Shri Justice Sanjay Kumar Jaiswal Court High Court of Chhattisgarh at Bilaspur Bench […]

LawSikho
September 4, 2025
3 Mins Read
112 Views
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Can a High Court interfere in an acquittal appeal under Section 374(4) CrPC absent patent perversity or misreading of material evidence?

Affirming existing Supreme Court precedents, the Chhattisgarh High Court ruled that acquittal verdicts stand if two reasonable views exist – binding on criminal appeals under Section 374(4), persuasive elsewhere Summary Category Data Case Name ACQA/168/2019 of SHAKUNTALA GOND Vs STATE OF CHHATTISGARH CNR CGHC010061742019 Date of Registration 18-02-2019 Decision Date 01-09-2025 Disposal Nature DISMISSED […]

LawSikho
September 4, 2025
4 Mins Read
92 Views
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Is a Section 302 IPC charge maintainable in dowry-death cases absent a complete circumstantial chain and proof of homicidal intent?

The Chhattisgarh High Court, affirming Supreme Court precedents, held that conviction under Section 302 IPC cannot rest on dowry-death allegations alone when the prosecution fails to establish a complete chain of circumstantial evidence or motive, and that Section 106 of the Evidence Act cannot shift the burden in the absence of a prima facie case; […]

LawSikho
September 4, 2025
3 Mins Read
92 Views
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Can pension and salary run concurrently when an employee is overstayed due to administrative error?

Clarification of pension entitlement post-overstay––Gauhati High Court upholds that pension starts after salary period, affirming Supreme Court precedents on non-concurrency of salary and pension Summary Category Data Case Name Cont.Cas(C)/130/2024 of BAHARUL ISLAM Vs BHABESH DEKA and ANR. CNR GAHC010050242024 Date of Registration 11-03-2024 Decision Date 02-09-2025 Disposal Nature Disposed Of (petition dismissed) Judgment […]

LawSikho
September 4, 2025
3 Mins Read
86 Views
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Can Prosecution Under Sections 376 & 383 IPC Stand When the Victim Admits Voluntary Relations and Delays Reporting?

High Court affirms acquittal, reaffirming that lack of force, voluntary conduct, delayed complaint, and absence of corroboration render rape and extortion charges unsustainable Summary Category Data Case Name ACQA No. 17 of 2024 of XYZ Vs SAURABH PARCHE CNR CGHC010003292024 Decision Date 02-09-2025 Disposal Nature DISMISSED Judgment Author Hon’ble Shri Justice Sanjay S. Agrawal […]