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

LawSikho
August 26, 2025
3 Mins Read
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Can a public servant with serious medical conditions be shielded from a mandatory transfer under the Uttarakhand Annual Transfer for Public Servants Act, 2017?

High Court upholds statutory transfer norms over medical hardship claims, permitting only statutory representation—binding on subordinate courts Summary Category Data Case Name WPSS/1181/2025 of MAYANK KAUSHIK Vs STATE OF UTTARAKHAND CNR UKHC010107782025 Date of Registration 14-07-2025 Decision Date 25-08-2025 Disposal Nature DISPOSED Judgment Author Hon’ble Mr. Justice Manoj Kumar Tiwari Court High Court of […]

LawSikho
August 26, 2025
2 Mins Read
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Can Courts Refuse Additional Time to Vacate Premises Before Demolition of Unauthorized Constructions?

Immediate Enforcement of Demolition Orders Under Writ Jurisdiction Upheld as Binding Authority to Curb Urban Infrastructure Hazards Summary Category Data Case Name MAT/1313/2025 of SUKANTALA SAI AND ORS Vs RABIN BANERJEE AND ORS CNR WBCHCA0380132025 Date of Registration 11-08-2025 Decision Date 25-08-2025 Disposal Nature DISMISSED Judgment Author Hon’ble Justice Rajasekhar Mantha; Hon’ble Justice Ajay […]

LawSikho
August 26, 2025
2 Mins Read
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Should courts grant anticipatory bail under Section 438 CrPC post–charge-sheet when no custodial interrogation is required and risk of tampering or absconding is minimal?

Can anticipatory bail be allowed even after charge-sheet filing when personal liberty under Article 21 outweighs the need for further custody? Summary Category Data Case Name ABA/968/2025 of RAJA Vs STATE OF UTTARAKHAND CNR UKHC010130712025 Date of Registration 21-08-2025 Decision Date 25-08-2025 Disposal Nature ALLOWED Judgment Author HON’BLE MR. JUSTICE ALOK KUMAR VERMA Court […]

LawSikho
August 26, 2025
1 Min Read
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Can a Writ Petition for Seniority Fixation and Promotion Relief Survive Post-Retirement?

The High Court reaffirms that petitions seeking seniority adjustment and related arrears become infructuous once service has ceased, upholding existing precedent and serving as binding authority for subordinate courts in administrative/service disputes. Summary Category Data Case Name WPSS/1578/2021 of RAJENDRA PRASAD Vs STATE OF UTTARAKHAND CNR UKHC010154962021 Decision Date 25-08-2025 Disposal Nature DISMISSED AS […]

LawSikho
August 26, 2025
Less than a minute
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Can a High Court dismiss a revision petition for non-prosecution due to the petitioner’s repeated non-appearance?

High Court reaffirms procedural norm that failure to appear at multiple hearings warrants dismissal—upholds existing practice and serves as binding authority on non-prosecution applications. Summary Category Data Case Name CR/2872/2021 of SATYA BHUSHAN Vs MAHAVIR PARSHAD (NOW DECEASED) THROUGH HIS LRS AND ORS CNR PHHC010966122020 Date of Registration 17-11-2021 Decision Date 12-12-2023 Disposal Nature […]

LawSikho
August 26, 2025
4 Mins Read
60 Views
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Can contractual NHM appointees be validly transferred when transfer terms are added through contract renewals?

Does a transfer clause incorporated in successive renewals of a purely contractual appointment under the National Health Mission bind the appointee, and are NHM transfer guidelines merely indicative? Calcutta High Court affirms that contractual autonomy governs transfers, distinguishes advisory nature of NHM Guidelines, and provides binding authority for High Court and subordinate courts. Summary […]

LawSikho
August 26, 2025
2 Mins Read
72 Views
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Can a High Court Mandate Executive Protection of Customary Religious Rights in a Private Temple Festival?

Court affirms power under Article 226 to issue mandamus directing district authorities and police to implement earlier orders, ensure peaceful conduct and full participation in Sri Muthu Mariyamman Temple festival; follows prior writ and serves as binding authority for similar petitions. Summary Category Data Case Name WP/32430/2025 of GANDHI Vs THE DISTRICT COLLECTOR CNR […]

LawSikho
August 26, 2025
Less than a minute
46 Views
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Can non-appearance before the High Court justify dismissal of an anticipatory bail application for want of prosecution?

High Court of Uttarakhand upholds the dismissal of SABA No. 27/2025 due to applicant’s absence—reaffirming procedural practice Summary Category Data CNR UKHC010110822025 Neutral Citation 2025:UHC:7516 Court High Court of Uttarakhand Bench Single Judge Judgment Author Hon’ble Mr. Justice Alok Kumar Verma Decision Date 25-08-2025 Disposal Nature Dismissed for want of prosecution

LawSikho
August 26, 2025
2 Mins Read
42 Views
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Is Mandating Specific Newspapers for Public Recruitment Advertisements Mandatory Under Statutory Norms?

High Court reaffirms that recruitment advertisements require newspapers of wide circulation rather than designated titles; upholds coordinate bench endorsement and binds subordinate courts in Uttarakhand. Summary Category Data Case Name WPSS/1399/2025 of VINOD SINGH RAWAT Vs STATE OF UTTARAKHAND CNR UKHC010131072025 Date of Registration 21-08-2025 Decision Date 25-08-2025 Disposal Nature DISMISSED Judgment Author Hon’ble […]

LawSikho
August 26, 2025
1 Min Read
62 Views
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Are Services of Provincial Cooperative Union Employees Pensionable Under State Pension Regulations?

Court Directs Fresh Representation Rather Than Adjudicating Pension Entitlement; Persuasive for Service-Law Petitions Summary Category Data Case Name WPSS/515/2023 of RAJENDRA PRASAD Vs STATE OF UTTARAKHAND THROUGH SECRETARY CNR UKHC010049362023 Date of Registration 31-03-2023 Decision Date 25-08-2025 Disposal Nature DISPOSED Judgment Author Hon’ble Mr. Justice Manoj Kumar Tiwari Court High Court of Uttarakhand Bench […]

LawSikho
August 26, 2025
3 Mins Read
60 Views
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Can matrimonial offences under IPC and the Dowry Prohibition Act be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 upon a joint compounding application?

High Court upholds the scope of Section 528 BNS 2023 to quash proceedings in matrimonial offences upon free settlement and the State’s non-objection; binding authority for subordinate courts in similar quashing petitions. Summary Category Data Case Name C528/1474/2025 of SAURAV JOSHI Vs STATE OF UTTARAKHAND CNR UKHC010130472025 Date of Registration 21-08-2025 Decision Date 25-08-2025 […]

LawSikho
August 26, 2025
2 Mins Read
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Can the High Court Invoke Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to Quash Matrimonial Cruelty and Dowry Proceedings on Settlement?

Reaffirming inherent jurisdiction under Section 528 BNSS 2023 to quash proceedings under Sections 323, 498A, 504, 506 IPC and Sections 3 & 4 of the Dowry Prohibition Act upon a bona fide matrimonial compromise—persuasive for future quashing applications. Summary Category Data Case Name C528/1477/2025 of RAJE SINGH AND ANR Vs STATE OF UTTARAKHAND CNR […]