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

LawSikho
August 19, 2025
4 Mins Read
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What are the proof requirements for an oral hiba under Muslim law to oust co-heirs’ joint possession and defeat a partition claim?

The Jharkhand High Court holds that vague pleas of oral gift lacking date, time, place and witness particulars are insufficient; tenants-in-common under Muslim law may pursue partition of specific inherited assets; decision reaffirms existing precedent on hiba proof and partial partition, binding on subordinate courts. Summary Category Data Case Name FA/15/2025 of WALLIULLAH Vs […]

LawSikho
August 19, 2025
4 Mins Read
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Can a Registered Sale Agreement Be Recharacterized as a Sham Security Document by Oral Evidence Despite Sections 91 and 92 of the Evidence Act?

Yes—Madras High Court affirms Supreme Court precedents in Roop Kumar and R. Janakiraman that Sections 91/92 do not bar proof of a document’s sham character; sale agreement treated as security for loan, specific performance refused, refund directed (Property & Evidence Law). Summary Category Data Case Name AS/170/2019 of KAMALA Vs AYYASAMY CNR HCMA010395372019 Date […]

LawSikho
August 19, 2025
Less than a minute
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Can a Criminal Writ Petition Be Dismissed for Want of Prosecution When the Petitioner Fails to Appear?

Single-Judge High Court Ruling Affirms Established Procedure to Dismiss Unrepresented Writ Petitions, Creating Binding Authority on Procedural Compliance Summary Category Data Case Name CRWP-12219-2021 of AMANDEEP KAUR Vs STATE OF PUNJAB AND OTHERS CNR PHHC011234972021 Decision Date 01-05-2024 Disposal Nature Dismissed for want of prosecution Judgment Author Hon’ble Mr. Justice Harpreet Singh Brar Court […]

LawSikho
August 19, 2025
1 Min Read
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Can a writ petition be dismissed for non-prosecution due to the petitioner’s failure to appear?

The High Court reaffirmed that non-appearance at two consecutive hearings warrants dismissal of a writ petition for non-prosecution, upholding existing procedural practice in Jammu & Kashmir; persuasive authority for petitioners’ counsel to ensure timely representation. Summary Category Data Case Name OWP/1323/2009 of SATYA METALS AND ORS Vs UNION OF INDIA AND ORS CNR JKHC020009952009 […]

LawSikho
August 19, 2025
2 Mins Read
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Can High Courts Summarily Dispose Execution Petitions Pending Interim Supreme Court Orders?

Summary Category Data Case Name EX.P./571/2024 of RAJ KUMAR AND ORS Vs STATE OF HP AND ORS CNR HPHC010210412024 Decision Date 01-08-2024 Disposal Nature Disposed Off Judgment Author Hon’ble Mr. Justice Vivek Singh Thakur Concurring or Dissenting Judges Hon’ble Mr. Justice Bipin Chander Negi (concurring) Court High Court of Himachal Pradesh, Shimla Bench Hon’ble […]

LawSikho
August 19, 2025
1 Min Read
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Can a Writ Petition Be Withdrawn by Consent with Liberty to Refile?

High Court of Meghalaya Allows Withdrawal of WP(C) No. 85/2025 by Mutual Consent, Setting a Procedural Benchmark for Consent Withdrawals in Writ Proceedings Summary Category Data Case Name WP(C) No. 85 of 2025 of M/S Colonel Shishupal Security Consultancy & Services and Anr. vs Union of India and 4 Ors. CNR MLHC010002712025 Decision Date […]

LawSikho
August 19, 2025
3 Mins Read
53 Views
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Is a writ petition under Article 226 maintainable for disputed land compensation claims when an alternate remedy exists under the 2013 Land Acquisition Act?

High Court of Meghalaya dismisses challenge to compensation entitlement, affirming that Article 226 writs cannot supplant statutory remedies under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013; upholding existing precedent and binding on subordinate courts in land acquisition disputes. Summary Category Data Case Name WP(C) No. 341 […]

LawSikho
August 19, 2025
Less than a minute
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Can a High Court Miscellaneous Application Be Disposed of by Reference to the Judgment in the Connected Writ Petition?

Yes – the High Court disposed MC[WP(C)] 48/2024 in view of its decision in WP(C) 78/2024 dated 18-08-2025, upholding the procedural practice of closing ancillary proceedings once the main petition is adjudicated; serves as binding authority on disposal of connected applications. Summary Category Data Case Name MC[WP(C)]/48/2024 of Angela Lyngwa Vs State of Meghalaya […]

LawSikho
August 19, 2025
2 Mins Read
47 Views
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Can bail be granted under Section 439 CrPC read with Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 in cases arising from consensual adult relationships?

High Court affirms existing bail principles, clarifying criteria under the new BNSS provision; binding on all subordinate courts in West Bengal. Summary Category Data Case Name CRM(M)/661/2025 of MURSHED SK @ IMRAN Vs STATE OF WEST BENGAL AND ANR CNR WBCHCA0257162025 Decision Date 18-08-2025 Disposal Nature DISPOSED Judgment Author Hon’ble Justice Suvra Ghosh Court […]

LawSikho
August 19, 2025
1 Min Read
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When Does the High Court Decline Writ Relief for Reinstatement After Prolonged Unauthorised Absence?

High Court dismisses writ petition by an Anganwari worker absent since 2015, reaffirming limits on Article 226 intervention in service matters Summary Category Data Case Name WPA/17255/2025 of Pampa Saha vs The State of West Bengal & Ors. CNR WBCHCA0350652025 Decision Date 18-08-2025 Disposal Nature Dismissed Judgment Author Hon’ble Justice Aniruddha Roy Court Calcutta […]

LawSikho
August 19, 2025
3 Mins Read
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Can a High Court Entertain a Writ Against an Eviction Notice When a Statutory Appeal Exists and the Notice Is Formally Defective?

Court Declines Writ, Treats Defective Notice as Prescribed Form Kha, and Directs Time-Bound Appeal with Interim Protection Summary Category Data Case Name WP(C)/22931/2025 of KHAGESWAR SAHOO Vs STATE OF ODISHA CNR ODHC010578552025 Decision Date 18-08-2025 Disposal Nature Disposed Off Judgment Author Dr. Justice Sanjeeb K. Panigrahi Court Orissa High Court Bench Single-Judge Bench Ratio […]

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

Orissa High Court affirms discretionary power under Article 226 to allow petitioners to withdraw and refile with better particulars Summary Category Data Case Name WP(C)/21531/2025 of Ajaya Kumar Jena, Havildar (Armed) Vs State of Odisha CNR ODHC010533802025 Decision Date 18-08-2025 Disposal Nature Disposed Off Judgment Author Justice Biraja Prasanna Satapathy Court Orissa High Court, […]