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

LawSikho
August 30, 2025
3 Mins Read
118 Views
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Can Section 406 IPC Complaints Be Quashed as Time-Barred under Section 468 CrPC and as an Abuse of Process Post-Divorce?

High Court reaffirms seven-year limitation for Section 406 IPC complaints and upholds inherent jurisdiction under Section 482 CrPC—binding on subordinate courts within Uttarakhand High Court’s jurisdiction Summary Category Data Case Name C482/1327/2022 of CHANDRAWATI SHARMA Vs STATE OF UTTARAKHAND CNR UKHC010110722022 Date of Registration 01-08-2022 Decision Date 29-08-2025 Disposal Nature ALLOWED Judgment Author HON’BLE […]

LawSikho
August 30, 2025
3 Mins Read
82 Views
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Can Lack of Parental Guardianship Alone Justify Denial of Bail to Juveniles under Section 12 of the Juvenile Justice Act, 2015?

Reaffirming that bail is the rule under Section 12 JJ Act – refusal only on statutorily specified grounds; lack of guardianship by itself cannot bar release Summary Category Data CNR JHHC010095502025 Decision Date 29-08-2025 Disposal Nature Revision allowed Judgment Author Hon’ble Mr. Justice Sanjay Kumar Dwivedi Court High Court of Jharkhand at Ranchi Bench […]

LawSikho
August 30, 2025
4 Mins Read
108 Views
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Can a Registered Will Be Deemed Invalid Without Proof That the Testatrix Understood Its Contents?

Court holds that mere registration and thumb impression are insufficient; reaffirms strict onus on propounder under Indian Succession Act for proving testamentary capacity and execution Category Data Case Name TOS/14/2008 of K.Kamalakkannan Vs K.Leelavathy CNR HCMA010127062008 Date of Registration 01-01-2008 Decision Date 29-08-2025 Disposal Nature DISMISSED Judgment Author Honourable Mr Justice C.V. Karthikeyan Court […]

LawSikho
August 30, 2025
4 Mins Read
84 Views
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Does an absence of consensus ad idem on the identity of property defeat a suit for specific performance?

Upholding the requirement of clear agreement and agent authority in real estate contracts The Madras High Court affirmed existing Supreme Court precedent by holding that specific performance cannot be granted where parties never reached a concluded contract, especially concerning the precise property schedule and without proof of an agent’s authority. This decision is binding on […]

LawSikho
August 30, 2025
4 Mins Read
84 Views
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Can immovable property mortgaged for unrepaid loans and subsequent share transfers constitute “proceeds of crime” under PMLA, justifying continued ED investigation?

The Calcutta High Court affirms that property used to secure fraudulent credit facilities and later subjected to cash‐based share transfers violating tax laws remains “proceeds of crime,” upholding the Enforcement Directorate’s jurisdiction. This decision reaffirms existing PMLA principles governing corporate façade transactions and serves as binding authority in ED investigations. Summary Category Data Case […]

LawSikho
August 30, 2025
7 Mins Read
110 Views
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Does the NKDA Act’s Non-Obstante Clause Override Statutory Owner Consent Requirements Under the West Bengal Apartment Ownership and Promoters Acts?

The Calcutta High Court holds (29-08-2025) that Section 184 of the NKDA Act 2007 does not bar application of the West Bengal Apartment Ownership Act 1972 or the West Bengal Promoters Act 1993; revised sanction plans require proof of exclusive construction rights, including written consent of existing flat owners, and absence of such consent renders […]

LawSikho
August 30, 2025
4 Mins Read
80 Views
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Does a Prior Appellate Ruling on Jurisdiction Alone Bar a Subsequent Civil Suit Under Section 11 CPC?

Madras High Court holds that a decision deflecting merits for lack of jurisdiction is not res judicata, reaffirms Section 11 CPC principles in property eviction and adverse-possession disputes; binding on subordinate courts, persuasive across jurisdictions. Summary Category Data Case Name SA/1254/2009 of GORIYAMBI Vs BOYOT VIRAPPIN(DIED) CNR HCMA010103292009 Date of Registration 01-12-2009 Decision Date […]

LawSikho
August 28, 2025
2 Mins Read
74 Views
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Can Article 226 Writ Jurisdiction Be Invoked in a Private Matrimonial Dispute Pending Before Civil Court?

Affirms Non-Maintainability of Writ Petitions in Private Matrimonial Matters, Reaffirming That Civil Remedies Preclude High Court Intervention Summary Category Data Case Name WPA/17390/2025 of BISWAJIT SEN DFR /CLK (SD) Vs UNION OF INDIA AND ORS. CNR WBCHCA0355082025 Date of Registration 30-07-2025 Decision Date 27-08-2025 Disposal Nature DISMISSED Judgment Author Hon’ble Justice Aniruddha Roy Court […]

LawSikho
August 28, 2025
4 Mins Read
78 Views
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Does failure to demonstrate relevance in requisition of documents and witnesses vitiate a departmental enquiry and justify reduction of dismissal penalty under doctrine of proportionality?

Calcutta High Court upholds natural-justice requirements under Canara Bank Service Regulations, confirms appellate authority’s independent review duty, and narrows scope of dismissal for technical misconduct; binding authority for service law disputes Summary Category Data Case Name FMA/1112/2024 of TAPAN KR MALLICK Vs CANARA BANK AND ORS CNR WBCHCA0404032024 Decision Date 27-08-2025 Disposal Nature PARTLY […]

LawSikho
August 28, 2025
2 Mins Read
100 Views
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Can High Courts Mandate Administrative Authorities to Expedite and Reason Out Decisions on Representations?

Court affirms its writ jurisdiction under Article 226, prescribing strict timelines for consideration of pending representations with binding effect on subordinate authorities in administrative law matters. Summary Category Data Case Name WPA/17807/2025 of ALOKE KUMAR BHATTACHARYA Vs UNION OF INDIA AND ORS. CNR WBCHCA0359862025 Decision Date 27-08-2025 Disposal Nature DISPOSED Judgment Author HON’BLE JUSTICE […]

LawSikho
August 28, 2025
2 Mins Read
84 Views
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Does the Relevant Policy Bar Repeated Compassionate Appointments Under Service Regulations?

The Calcutta High Court affirms that compassionate appointment is a policy-based concession, not a right, and cannot be granted across multiple generations—binding on subordinate courts and persuasive for other High Courts. Summary Category Data Case Name WPA/17305/2025 of NADIRAH KAMAL Vs THE STATE OF WEST BENGAL AND ORS. CNR WBCHCA0351922025 Decision Date 27-08-2025 Disposal […]

LawSikho
August 28, 2025
2 Mins Read
96 Views
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Can a Ministerial Directive Lawfully Withhold a Contractor’s Security Deposit After Expiry of the Defect Liability Period?

The High Court of Uttarakhand holds ministerial orders cannot override statutory defect liability timelines for municipal contracts, affirming local authority autonomy and offering persuasive guidance for future administrative disputes. Summary Category Data CNR UKHC010007372025 Decision Date 27-08-2025 Disposal Nature DISPOSED Judgment Author Hon’ble Mr. Justice Manoj Kumar Tiwari Court High Court of Uttarakhand Bench […]