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

LawSikho
August 27, 2025
5 Mins Read
78 Views
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Can statutory presumption under Section 20 of the Prevention of Corruption Act be invoked solely on recovery of marked currency when demand and acceptance remain unproven?

Court holds that without proof of demand and voluntary acceptance, recovery alone cannot trigger the Section 20 presumption; upholds requirement of foundational facts as laid down in Neeraj Dutta. This Orissa High Court decision affirms existing precedent in vigilance prosecutions and serves as binding authority for subordinate courts, with persuasive value for other High Courts […]

LawSikho
August 27, 2025
3 Mins Read
72 Views
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Are nomination entries in service records conclusive proof of spousal relationship under Section 59 of the Indian Evidence Act in allocating death-cum-retirement benefits?

Madras High Court upholds trial court’s restoration of service-record nomination over conflicting oral evidence, affirms existing precedent on documentary proof, and provides binding authority for subordinate courts on benefit-claim disputes in employment law. Summary Category Data Case Name SA/445/2018 of REENA Vs JANAKI(died) CNR HCMA010382092018 Date of Registration 12-07-2018 Decision Date 26-08-2025 Disposal Nature […]

LawSikho
August 27, 2025
4 Mins Read
112 Views
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Should courts deduct 25% from a probationary employee’s salary when computing compensation under Section 166 of the Motor Vehicles Act?

Bombay High Court upholds Supreme Court precedents and overrules tribunal’s 25% deduction for probationary status in motor accident compensation; binding on subordinate courts in Bombay Summary Category Data Case Name FA/1878/2021 of SUVARNAMALA GOVIND BOMBADE AND ORS Vs TANAJI WAGHAMBHAR MITKARI AND ANR CNR HCBM030440012019 Decision Date 26-08-2025 Disposal Nature Partly Allowed Judgment Author […]

LawSikho
August 27, 2025
2 Mins Read
92 Views
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Can High Courts Direct Continuous Enforcement Of Single-Use Plastic Bans Under PIL Jurisdiction?

Reaffirming Environmental PIL Powers: High Court upholds its authority to mandate ongoing awareness campaigns and ban enforcement on plastics under 120 microns; binding authority for Meghalaya authorities and subordinate courts Summary Category Data Case Name PIL/7/2024 of PHUYOSA YOBIN Vs STATE OF MEGHALAYA AND ANR. CNR MLHC010008422024 Date of Registration 02-08-2024 Decision Date 26-08-2025 […]

LawSikho
August 27, 2025
3 Mins Read
84 Views
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Can a High Court Treat a Writ Petition as a Representation and Direct Reasoned Consideration of a Leave Encashment Claim under Article 226?

The Calcutta High Court reaffirms its power to convert service-related writ petitions into representations, mandates hearing and reasoned orders within fixed timelines, and upholds existing precedent—serving as binding authority for subordinate courts in administrative law disputes over employee benefits. Summary Category Data Case Name WPA/19023/2025 of PRABIR KUMAR BERA Vs THE STATE OF WEST […]

LawSikho
August 27, 2025
4 Mins Read
100 Views
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Can possession of kerosene beyond the statutory limit without authorization warrant conviction under Section 7(1)(a)(ii) of the Essential Commodities Act and justify sentence reduction for protracted trial?

High Court affirms the West Bengal Kerosene Control Order, 1968, and recognizes Article 21 speedy-trial rights to mitigate sentence; binding on subordinate courts Summary Category Data Case Name CRA/423/1988 of SWAPAN KUMAR BERA Vs THE STATECNR WBCHCA0080881988 Date of Registration 23-09-1988 Decision Date 26-08-2025 Disposal Nature PARTLY ALLOWED Judgment Author Prasenjit Biswas, J. Court […]

LawSikho
August 27, 2025
4 Mins Read
86 Views
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Does a High Court in a Second Appeal under Section 100 CPC Have Jurisdiction to Re-examine Concurrent Findings of Fact on Title and Possession?

The Orissa High Court holds that concurrent findings on title and possession by trial and first appellate courts cannot be disturbed in a second appeal unless shown to be perverse or unsupported by any evidence. This judgment upholds existing precedent and serves as binding authority on the scope of interference under Section 100 CPC in […]

LawSikho
August 27, 2025
3 Mins Read
80 Views
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Can departmental recommendations or draft rules alter the statutory retirement age under SRO 233 of 1988?

Court affirms only formal amendments to SRO 233 of 1988 can extend retirement age from 58 to 60; interim or departmental approvals lack binding force and employees servicing beyond 58 at personal risk aren’t entitled to salary. Summary Category Data Case Name LPA/4/2023 of MOHAMMAD YOUSUF MIR Vs UNION TERRITORY OF J AND K […]

LawSikho
August 27, 2025
4 Mins Read
112 Views
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Does lack of locus standi or non-disclosure of cause of action justify rejection of a plaint under Order 7 Rule 11 CPC?

High Court upholds settled law that Order 7 R 11 objections must assume plaint-averments true, rejects threshold challenge to locus standi, limits plaint-rejection to non-disclosure of cause of action Summary Category Data Case Name CRP/13/2019 of VANI NIRMALYA DAS Vs M/S. ELBIRD HATCHERY PVT. LTD. CNR ODHC010621742019 Date of Registration 07-11-2019 Decision Date 26-08-2025 […]

LawSikho
August 27, 2025
3 Mins Read
90 Views
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Can a High Court Treat a Writ Petition as a Representation and Remit It for a Reasoned Decision on Leave Encashment Entitlement?

Affirming the Power to Convert Writ Petitions into Representations, Direct Hearing and Timelines for Government Authorities on Service Benefit Claims – Binding on State Authorities, Persuasive for Other High Courts Summary Category Data Case Name WPA/19022/2025 of TANAY GHOSH Vs THE STATE OF WEST BENGAL AND ORS. CNR WBCHCA0381192025 Decision Date 26-08-2025 Disposal Nature […]

LawSikho
August 27, 2025
6 Mins Read
130 Views
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Can a Civil Court Adjudicate Thika Tenancy and Eviction Between a Thika Tenant and Bharatia Despite a Statutory Bar and Struck-Out Defence?

Civil court lacks jurisdiction under Sections 5, 8 and 21 of the 2001 Act; defendant’s struck-out defence does not preclude raising tenancy dispute; upholds Synthetic Plywood Industries and binds all subordinate civil courts in West Bengal. Summary Category Data Case Name FMA/800/2024 of SYED KHAWAJA MOIN AND ANR Vs MD SAFI ALAM AND ANR […]

LawSikho
August 27, 2025
2 Mins Read
82 Views
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Can High Courts enforce interest on delayed gratuity, leave salary, and provident fund dues of retirees?

Calcutta High Court affirms retirees’ entitlement to interest on delayed gratuity, leave salary, and provident fund payments at 6% p.a., directing higher interest for further delay and serving as binding authority on subordinate courts. Summary Category Data Case Name WPA/18393/2025 of CHANDAN DAS Vs STATE OF WEST BENGAL AND ORS. CNR WBCHCA0371462025 Date of […]