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

LawSikho
August 19, 2025
3 Mins Read
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Does Failure to Decide a Citizen’s Representation Within a Reasonable Time Under Article 350 Warrant Judicial Intervention and Penal Costs?

The Orissa High Court reaffirms the constitutional mandate under Article 350, directing time-bound disposal of grievances with personal penal cost for officials; serves as binding authority for petitioners seeking redressal of administrative delays. Summary Category Data Case Name WP(C)/22507/2025 of DIBYA CHANDRA DEHURY Vs STATE OF ODISHA CNR ODHC010565452025 Date of Registration 12-08-2025 Decision […]

LawSikho
August 19, 2025
4 Mins Read
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Can a Dean & Principal Validly Issue a Stigmatic Termination of a Contractual Medical Faculty under Odisha’s H&FW Guidelines, or Does Exclusive Power Vest with the State Government with Article 311(2) Safeguards?

Does the Orissa High Court reaffirm that disciplinary (stigmatic) termination of a contractual assistant professor requires compliance with Article 311(2) of the Constitution and that only the State Government (H&FW Department), not the college Dean, has power to terminate under Resolution No. 8967/H dated 25 April 2022? Summary Category Data Case Name WP(C)/33349/2024 of […]

LawSikho
August 19, 2025
4 Mins Read
58 Views
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Can a Long-Serving Temporary Appointment Against a Sanctioned Post Be Regularized Under the Uma Devi Exception Despite Procedural Irregularities?

The Orissa High Court reaffirms the Uma Devi (3) exception, directing fresh consideration of a 24-year Assistant Revenue Inspector’s regularization under Articles 226/227 — binding subordinate authorities in distinguishing irregular from illegal public employment. Summary Category Data Case Name WP(C)/15128/2022 of SUDHANSU SEKHAR DASH Vs STATE OF ODISHA CNR ODHC010389582022 Date of Registration 21-06-2022 […]

LawSikho
August 19, 2025
3 Mins Read
81 Views
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Can a statutory appeal remedy under Section 12(1) of the O.P.L.E. Act preclude High Court’s writ jurisdiction in eviction matters?

The Orissa High Court upholds the requirement to exhaust the appeal mechanism under Section 12(1) of the Odisha Prevention of Land Encroachment (O.P.L.E.) Act before invoking writ jurisdiction, directs a 15-day window for appeal with interim protection and mandates a reasoned order within 15 days by the appellate authority. Binding on Odisha authorities, persuasive for […]

LawSikho
August 19, 2025
1 Min Read
71 Views
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Does voluntary withdrawal of a criminal quashing petition preclude merits examination or affect trial proceedings?

Clarification on withdrawal of Section 482 CrPC applications post–charge framing, reaffirming that grant of withdrawal does not equate to merits adjudication and preserves trial court’s jurisdiction Summary Category Data Case Name CR.MA/1539/2024 of HITESHBHAI DHANSUKHBHAI PATEL Vs STATE OF GUJARAT CNR GJHC240053522024 Date of Registration 20-01-2024 Decision Date 18-08-2025 Disposal Nature Petition withdrawn; disposed […]

LawSikho
August 19, 2025
1 Min Read
73 Views
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Can a High Court Dismiss an Intra-Court Appeal for Non-Prosecution When Neither Appellant Nor Counsel Appears?

Affirms the court’s inherent authority to dispose of intra-court appeals for default, upholding established procedural norms in appellate practice. Summary Category Data Case Name RSA/5044/2009 of Rakesh Kumar Vs Sham Lal and ORs CNR PHHC010968292009 Decision Date 24-07-2018 Disposal Nature Dismissed in default Judgment Author Justice Lisa Gill Court High Court of Punjab and […]

LawSikho
August 19, 2025
6 Mins Read
59 Views
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Can High Courts Reappraise Court Martial Findings and Punishments Imposed by the Armed Forces Tribunal?

HC Affirms Limits of AFT Review, Upholds Court Martial Sentence and Restricts Reappraisal of Evidence Summary Category Data Case Name WP/33446/2024 of THE SECRETARY Vs Ex MCEAA II Amit Dhull CNR HCMA011988802024 Date of Registration 06-11-2024 Decision Date 18-08-2025 Disposal Nature ALLOWED Judgment Author Honourable Mrs Justice J. Nisha Banu; Honourable Mr Justice M. […]

LawSikho
August 19, 2025
3 Mins Read
64 Views
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Can a Non-Principal Assailant Be Granted Bail in a Serious Grievous Hurt Case Under Section 439 CrPC and Section 483 of BNSS 2023?

Calcutta High Court affirms existing bail principles, holding that serious offences causing grievous injury and prima facie involvement preclude bail under Section 439 CrPC read with Section 483 BNSS 2023—binding on all subordinate courts in West Bengal. Summary Category Data Case Name CRM(M)/1077/2025 of TAFIJUL MIA @ TAFEJUL MIA Vs STATE OF WEST BENGAL […]

LawSikho
August 19, 2025
2 Mins Read
52 Views
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Does the Principle of Parity Entitle an Accused to Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

Yes—the Calcutta High Court reaffirmed that when a co-accused on identical charges secures bail and the State does not oppose, parity mandates the same relief. This decision upholds existing precedent on bail parity and serves as binding authority within the Calcutta High Court’s jurisdiction for similarly placed petitioners. Summary Category Data Case Name CRM […]

LawSikho
August 19, 2025
3 Mins Read
77 Views
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Can a Private Offence Under Sections 323/324 IPC Be Quashed on Genuine Compromise?

Genuine voluntary settlement allows quashing of non‐serious criminal proceedings under inherent powers, affirming Kulwinder Singh and Gian Singh precedents; binding on Punjab & Haryana subordinate courts, persuasive elsewhere. Summary Category Data Case Name CRM-M/27441/2023 of NIRMAL SINGH AND OTHERS Vs STATE OF PUNJAB AND ANOTHER CNR PHHC010692342023 Date of Registration 26-05-2023 Decision Date 20-04-2024 […]

LawSikho
August 19, 2025
2 Mins Read
61 Views
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Can a Civil Appeal Be Dismissed in Default When the Appellant Fails to Appear Despite Proper Service?

It is settled that repeated non-appearance by an appellant after due notice and counsel’s withdrawal justifies a dismissal in default. This decision reaffirms High Court of Punjab and Haryana practice and serves as binding authority on procedural defaults in appeals. Summary Category Data Case Name RSA No. 5044 of 2009 of Rakesh Kumar Vs […]

LawSikho
August 19, 2025
3 Mins Read
57 Views
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Can a High Court Exercise Judicial Discretion to Reduce an Employees’ Compensation Award in the Absence of Insurer’s Evidence Challenging Disability and Income?

High Court Affirms Its Discretion to Adjust Awards Under the Employees’ Compensation Act; Confirms Burden on Insurer and Waiver of Penalty in Labour Compensation Appeals Summary Category Data Case Name FAO/124/2025 of MANAGER(LEGAL), M/S RELIANCE GENERAL INSURANCE CO. LTD., BBSR Vs MRUTYUNJAYA NAYAK CNR ODHC010110052025 Date of Registration 17-03-2025 Decision Date 18-08-2025 Disposal Nature […]