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

LawSikho
August 19, 2025
3 Mins Read
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Does indefinite administrative delay violate the right to speedy justice under Article 21, warranting judicial mandamus?

Orissa High Court directs government authorities to decide pending housing applications within eight weeks, reaffirming the High Court’s power under Article 226 to enforce timely administrative action; binding on subordinate courts in Odisha and persuasive elsewhere. Summary Category Data Case Name WP(C)/19290/2025 of ASHOK KUMAR LENKA Vs STATE OF ODISHA CNR ODHC010444012025 Date of […]

LawSikho
August 19, 2025
Less than a minute
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Can a High Court Permit Withdrawal of a Writ Petition with Liberty to File a Better Petition?

Reaffirmation of Discretionary Power to Allow Withdrawal of WP(C) with Leave to Refile Summary Category Data Case Name WP(C)/22467/2025 of SOURAVA JYOTI NAYAK Vs STATE OF ODISHA CNR ODHC010545902025 Date of Registration 11-08-2025 Decision Date 18-08-2025 Disposal Nature Disposed of as withdrawn Judgment Author Mr. Justice Biraja Prasanna Satapathy Court Orissa High Court Bench […]

LawSikho
August 19, 2025
3 Mins Read
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Can a High Court Mandate Time-Bound Disposal of Administrative Representations and Restrain Coercive Action Pending Decision?

Court Directs Six-Week Timeline for Reengagement Claims under State Programme, Upholding Fair Administrative Practice and Following Madhya Pradesh HC Precedent Summary Category Data Case Name WP(C)/22418/2025 of NARAYAN MANGARAJ Vs STATE OF ODISHA CNR ODHC010564582025 Date of Registration 11-08-2025 Decision Date 18-08-2025 Disposal Nature Disposed Off Judgment Author Justice Dixit Krishna Shripad Court Orissa […]

LawSikho
August 19, 2025
Less than a minute
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Whether absence of counsel to press a Section 482 CrPC application mandates dismissal for want of prosecution?

The Allahabad High Court held that non-appearance to prosecute an inherent-jurisdiction petition leads to automatic dismissal, providing clear procedural guidance on Section 482 applications. Summary Category Data Case Name A482/4512/2025 of MOTIN AND 2 OTHERS Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER CNR UPHC020399932025 Decision Date 03-07-2025 Judgment Author Hon’ble […]

LawSikho
August 19, 2025
2 Mins Read
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Does Non-Appearance at the Admission Stage Mandate Dismissal of Section 151 CPC and Article 227 Petitions?

Court Affirms Procedural Requirement for Personal Appearance; High Court Order Dismisses Inherent-Power and Revision Petitions for Non-Appearance Summary Category Data Case Name CMP/14059/2025 of R. Manickavel Vs S. Booma & CRP SR 86884/2025 CNR HCMA011242502025 Decision Date 27-06-2025 Disposal Nature DISMISSED Judgment Author Honourable Mr Justice N. Sathish Kumar Court Madras High Court Bench […]

LawSikho
August 19, 2025
2 Mins Read
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Can a High Court Dismiss a Writ Petition for Want of Prosecution Following Partial Relief?

Affirming existing writ‐jurisdiction powers to dismiss petitions when petitioners lose interest after partial compliance with interim directions, offering persuasive guidance on procedural discipline in constitutional petitions. Summary Category Data Case Name WP(C)/1619/2022 of MUHAMMAD SHARIEF WANI Vs UNION TERRITORY OF J AND K AND ORS. (RURAL DEVELOPMENT DEPARTMENT) CNR JKHC010035032022 Date of Registration 29-07-2022 […]

LawSikho
August 19, 2025
1 Min Read
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Can a High Court dismiss a Section 482 quashing petition for want of prosecution when the petitioner fails to appear after notice?

The Gujarat High Court affirms its inherent power to dismiss quashing applications for non-prosecution, upholding existing practice in criminal procedure. This ruling serves as binding authority for subordinate courts on handling absent petitioners in quashing petitions. Summary Category Data Case Name SCR.A/5700/2015 of AMIBEN KALPESHKUMAR BHAVSAR Vs KALPESHKUMAR PRAFULBHAI BHAVSAR CNR GJHC240500202015 Date of […]

LawSikho
August 19, 2025
2 Mins Read
59 Views
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Does a Pre-Trial Out-of-Court Settlement in a Commercial Suit Warrant Dismissal with Refund of Court Fees?

Madras High Court upholds that a settlement memo filed before trial leads to dismissal as settled and entitlement to refund of court fees under the Commercial Courts Act, affirming existing procedure for commercial disputes. Summary Category Data Case Name C.S(COMM DIV)/190/2025 of M/s V2 Constructions Vs Rajeshuwari and 2 others CNR HCMA011431862025 Date of […]

LawSikho
August 19, 2025
2 Mins Read
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Is a Writ Petition Under Article 226 Maintainable Against a Charge Sheet Filed Post-Investigation?

Court dismisses challenge to charge sheet as infructuous, upholding established limits on writ jurisdiction in criminal matters; binding in Uttarakhand High Court and its subordinate courts. Summary Category Data Case Name WPCRL/54/2022 of HITESH KUMAR Vs STATE OF UTTARAKHAND CNR UKHC010004292022 Decision Date 18-08-2025 Disposal Nature DISMISSED AS INFRUCTUOUS Judgment Author HON’BLE MR. JUSTICE […]

LawSikho
August 19, 2025
3 Mins Read
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Should Authorities Be Prohibited from Seizing a Licensee’s Premises Without an Eviction Order Under the Public Premises Act?

Upholding Existing Precedent, the Uttarakhand High Court Confirms That Termination Notices Alone Do Not Permit Physical Interference with a Licensee’s Possession and Holds Binding Value for Subordinate Courts Summary Category Data Case Name SPA/174/2015 of SMT. VIBHA BISHT, PROPRIETOR M/S NEW SAI MEDICOSE, ALL INDIA INSTITUTE OF MEDICAL SCIENCE RISHIKESH Vs UNION OF INDIA […]

LawSikho
August 19, 2025
3 Mins Read
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Can anticipatory bail be granted when a charge-sheet has been filed and no custodial interrogation is required?

High Court of Uttarakhand reaffirms discretionary anticipatory bail under Section 438 CrPC in cases where investigation is complete, binding on subordinate courts Summary Category Data Case Name ABA/881/2025 of RAJNISH BANSAL Vs STATE OF UTTARAKHAND CNR UKHC010120542025 Decision Date 18-08-2025 Disposal Nature ALLOWED Judgment Author Hon’ble Mr. Justice Alok Kumar Verma Court High Court […]

LawSikho
August 19, 2025
3 Mins Read
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Does Section 143(3) of the Negotiable Instruments Act Mandate Completion of a Section 138 Summary Trial Within Six Months and Can High Courts Enforce It?

Reaffirmation of Statutory Timeline for NI Act Trials; Binding Authority for Subordinate Courts in Uttarakhand Summary Category Data Case Name C528/1412/2025 of GUNJAN SINGH ALIAS GUNJAN SAINI Vs BHAGWAN SINGH SAINI CNR UKHC010125712025 Date of Registration 13-08-2025 Decision Date 18-08-2025 Disposal Nature ALLOWED Judgment Author Hon’ble Mr. Justice Pankaj Purohit Court High Court of […]