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

LawSikho
August 27, 2025
4 Mins Read
92 Views
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Does a preventive detention order under the J&K PSA fail for non-communication of representation rights, non-supply of materials and mechanical reproduction of police dossier?

The High Court held that a detention order is unsustainable if the detaining authority does not specify the time-limit for representation under Article 22(5), fails to supply essential material (e.g., proceedings under Sections 107/151 CrPC), and mechanically copies the police dossier—strictly affirming Supreme Court precedents and binding on subordinate courts. Summary Category Data Case […]

LawSikho
August 27, 2025
5 Mins Read
120 Views
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Can Amendments to Sections 14T and 14M of the West Bengal Land Reforms Act Override Res Judicata and Reclassify Private Trust Lands as the Author’s Land for Vesting?

The Calcutta High Court affirms that sub-sections (5)–(9) of Section 14T (as amended in 1981 and 1986) validly negate lateral res judicata, treat lands held by a private religious trust in favour of a deity as lands of the author, and create an independent adjudicatory and appeal scheme—binding on all Revenue Officers and tribunals under […]

LawSikho
August 27, 2025
4 Mins Read
96 Views
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Are Army Public Schools “State Authorities” under Article 12 for Writ Jurisdiction?

Does the Division Bench’s affirmation that Army Public Schools are directly and substantially part of the Indian Army, and thus amenable to Articles 32/226 jurisdiction, overturn the Single Judge’s non-maintainability rulings and provide binding authority for future challenges to APS terminations? Summary Category Data Case Name LPA/1476/2023 of REENA PANTA Vs UNION OF INDIA […]

LawSikho
August 27, 2025
3 Mins Read
114 Views
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Can a petitioner aggrieved by earlier rejection under the Kerala Land Utilisation Order seek fresh relief under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 as amended?

Court affirms statutory remedy permitting fresh application under Section 27A of the 2008 Act (as amended 2018), binding on subordinate authorities Summary Category Data Case Name WP(C)/13005/2018 of K.S.JOSHY, Vs STATE OF KERALA CNR KLHC010445952018 Date of Registration 10-04-2018 Decision Date 01-02-2019 Disposal Nature DISPOSED_OF Judgment Author Shaji P. Chaly, J. Court High Court […]

LawSikho
August 27, 2025
3 Mins Read
92 Views
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Can an Employer Lead Evidence to Prove Disciplinary Charges After an Unfair Inquiry When the Workman Has Died under Section 33(2)(b) of the Industrial Disputes Act?

Court holds in the negative, affirming Rajasthan High Court precedents (Premkumari & Ors. and Sukhbhir Singh); binds tribunals under Article 227; bars posthumous evidence once inquiry is declared unfair. Summary Category Data Case Name CW/7966/2024 of CHIEF MANAGER, RAJASTHAN STATE ROAD TRANSPORT CORPORATION Vs SHYAMLAL BAKSHI DRIVER S/O SHRI SAMAY SINGH CNR RJHC020401342024 Decision […]

LawSikho
August 27, 2025
4 Mins Read
82 Views
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Can High Courts Interfere via Writ Jurisdiction in Pure Contractual Disputes Over Suspension of State Work Orders?

The Jharkhand High Court answers “No,” upholding existing precedent that administrative suspension of a public procurement contract under CPCB‐mandated environmental directives is not arbitrary; a binding authority on subordinate courts in procurement and Article 14 review. Summary Category Data Case Name WPC/3360/2025 of M/S NETWIND SOFTLABS PVT. LTD. THROUGH ITS DIRECTOR NAVNEET SAHAI, Vs […]

LawSikho
August 27, 2025
2 Mins Read
76 Views
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Does delay in payment of retiral benefits entitle a retired employee to interest at 6% per annum under the High Court’s writ jurisdiction?

Calcutta High Court affirms entitlement to interest on delayed gratuity and provident fund payments; serves as binding authority for government corporations on timely payment of retiral dues. Summary Category Data Case Name WPA/19070/2025 of ARUN CHANDRA MANNA Vs STATE OF WEST BENGAL AND ORS. CNR WBCHCA0383392025 Decision Date 26-08-2025 Disposal Nature DISPOSED Judgment Author […]

LawSikho
August 27, 2025
2 Mins Read
104 Views
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Can High Courts Override University-Byelaw Age Ceilings for Student Union Elections Despite Supreme Court Authority?

High Court Reaffirms Binding Nature of Supreme Court’s 24–25-Year Age Limit Under University Bylaws Summary Category Data Case Name WPMS/2468/2025 of SUMIT SINGH KARKI Vs STATE OF UTTARAKHAND CNR UKHC010128412025 Decision Date 26-08-2025 Disposal Nature DISMISSED Judgment Author Hon’ble Mr. Justice Manoj Kumar Tiwari Court High Court of Uttarakhand Bench Single‐Judge Precedent Value Binding […]

LawSikho
August 27, 2025
5 Mins Read
88 Views
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Can a Litigant Simultaneously Assert Title by Documentary Evidence and Adverse Possession, and Is an Extract of the Tenancy Ledger Alone Sufficient to Prove Occupancy Rights?

Summary Category Data Case Name RSA/259/2002 of SHYAMA BASKA Vs COLLECTOR, BALASORE – CNR ODHC010004912002 Date of Registration 09-12-2002 Decision Date 26-08-2025 Disposal Nature Disposed Off (Second appeal dismissed) Judgment Author MR. JUSTICE ANANDA CHANDRA BEHERA Court Orissa High Court Bench Single-Judge Bench Precedent Value Binding Overrules / Affirms Affirms existing precedents on adverse […]

LawSikho
August 27, 2025
3 Mins Read
80 Views
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Is a Declaratory Suit for Possessory Title Over Government Land Sustainable Without Impleading the State as a Necessary Party?

First appeal decision reversed for non-joinder and improper possessory-title finding in a civil appeal under Section 100 CPC; binding authority clarifying necessary-party and adverse-possession principles Summary Category Data Case Name S.A. No. 190 of 1992 CNR ODHC010000611992 Decision Date 26-08-2025 Disposal Nature Second appeal allowed; first-appellate decree set aside; trial-court dismissal confirmed Judgment Author […]

LawSikho
August 27, 2025
4 Mins Read
88 Views
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Can unauthorized absence beyond sanctioned leave, even on alleged medical grounds, justify dismissal under Section 11(1) of the CRPF Act 1949 read with Rule 31 of the CRPF Rules 1955?

The High Court reaffirms Supreme Court precedents on “desertion” in uniformed services, holds procedural compliance sufficient, and upholds dismissal as proportionate—binding on subordinate courts and persuasive for other High Courts. Summary Category Data Case Name LPA/300/2019 of Nasir Ahmad Parray vs. Union of India & Ors. CNR JKHC010061542019 Date of Registration 03-12-2019 Decision Date […]

LawSikho
August 27, 2025
4 Mins Read
102 Views
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Can Marfatdars Alienate Public Deity Land Without Prior Permission Under the Odisha Endowments Act?

Orissa High Court reaffirms that unregistered transfers by Marfatdars of public deity property without Section 19(1) sanction are void and consolidation authorities lack jurisdiction to record such alienations, creating binding precedent for subordinate courts. Summary Category Data Case Name WP(C)/3020/2024 of NIRANJAN BARIK Vs SRI JAMBESWAR MAHADEV BIJE, JAMARA, KENDRAPARA; CNR ODHC010075242024 Date of […]