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

LawSikho
August 26, 2025
1 Min Read
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Are Services of Provincial Cooperative Union Employees Pensionable Under State Pension Regulations?

Court Directs Fresh Representation Rather Than Adjudicating Pension Entitlement; Persuasive for Service-Law Petitions Summary Category Data Case Name WPSS/515/2023 of RAJENDRA PRASAD Vs STATE OF UTTARAKHAND THROUGH SECRETARY CNR UKHC010049362023 Date of Registration 31-03-2023 Decision Date 25-08-2025 Disposal Nature DISPOSED Judgment Author Hon’ble Mr. Justice Manoj Kumar Tiwari Court High Court of Uttarakhand Bench […]

LawSikho
August 26, 2025
3 Mins Read
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Can matrimonial offences under IPC and the Dowry Prohibition Act be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 upon a joint compounding application?

High Court upholds the scope of Section 528 BNS 2023 to quash proceedings in matrimonial offences upon free settlement and the State’s non-objection; binding authority for subordinate courts in similar quashing petitions. Summary Category Data Case Name C528/1474/2025 of SAURAV JOSHI Vs STATE OF UTTARAKHAND CNR UKHC010130472025 Date of Registration 21-08-2025 Decision Date 25-08-2025 […]

LawSikho
August 26, 2025
2 Mins Read
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Can the High Court Invoke Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to Quash Matrimonial Cruelty and Dowry Proceedings on Settlement?

Reaffirming inherent jurisdiction under Section 528 BNSS 2023 to quash proceedings under Sections 323, 498A, 504, 506 IPC and Sections 3 & 4 of the Dowry Prohibition Act upon a bona fide matrimonial compromise—persuasive for future quashing applications. Summary Category Data Case Name C528/1477/2025 of RAJE SINGH AND ANR Vs STATE OF UTTARAKHAND CNR […]

LawSikho
August 26, 2025
Less than a minute
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When can a High Court in criminal appeals quash a conviction and direct acquittal?

Bombay High Court reaffirms its appellate power to intervene and substitute acquittal in criminal appeals Summary Category Data Case Name Criminal Appeal No. 11 of 2020 of Sheshabai W/O. Kisanrao Shinde and Anr Vs The State of Maharashtra CNR HCBM030005562020 Decision Date 25-08-2025 Disposal Nature DISPOSED OFF Court Bombay High Court Bench Hon’ble Justice […]

LawSikho
August 26, 2025
2 Mins Read
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Can a High Court Under Article 227 Cr.P.C. Interfere with Concurrent Findings of Fact in Rent and Ejectment Proceedings?

High Court Affirms Non-Interference with Concurrent Findings in Rent Suits and Revisions; Binding on Subordinate Courts Summary Category Data Case Name A227/2195/2022 of RAKESH KUMAR JAISWAL Vs ADDL. DISTRICT AND SESSION JUDGE, COURT NO. 09, RAEBARELI AND 3 OTHERS CNR UPHC020343332022 Decision Date 11-08-2025 Disposal Nature Dismissed on merits Judgment Author Hon’ble Pankaj Bhatia, […]

LawSikho
August 26, 2025
4 Mins Read
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Can a Preventive Detention Order under the PIT-NDPS Act Stand When the Detenu Has Already Been Granted Bail in Corresponding NDPS Cases?

Does basing preventive detention solely on apprehension of repeated narcotics offences, after bail has been granted under the NDPS Act, violate the statutory and constitutional safeguards? Summary Category Data Case Name WPA(H)/22/2025 of JAHANARA BIBI @ JAHANARA BEGAM @ JAHANARA MONDAL @ JANU Vs UNION OF INDIA AND ORS. CNR WBCHCA0102832025 Date of Registration […]

LawSikho
August 26, 2025
2 Mins Read
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Should Bail Under Section 483 of the BNSS Act Be Granted to an Accused Who Has Violated Bail Conditions, with Multiple Antecedents and Absconding Co-accused?

Calcutta High Court reaffirms discretionary denial of bail where prior bail conditions were breached, antecedents are adverse, and co-accused remain at large—binding on all subordinate courts Summary Category Data Case Name CRM(M) 741 of 2025 of Suraj Tewary @ Suraj Tiwari vs State of West Bengal CNR WBCHCA0270972025 Decision Date 25-08-2025 Disposal Nature Rejected […]

LawSikho
August 26, 2025
2 Mins Read
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Does a writ petition become infructuous once the relief sought is granted by a subsequent notification?

Division Bench, Bombay H.C., Goa holds that a writ petition challenging planning authority action must be disposed of when the same relief is granted administratively, reaffirming mootness principles Summary Category Data Case Name WP 307/2025 of SHELLY SHARMA, rep. by her POA NILESH KUMAR and Anr vs State of Goa through Chief Secretary & […]

LawSikho
August 26, 2025
2 Mins Read
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Can bail be granted under Sections 319(2) and 318(4) of the B.N.S. Act, 2023 for alleged extortion in a recruitment examination when no victim has emerged?

Yes—High Court of Jharkhand upholds settled bail principles by granting bail in non-heinous extortion allegations absent any complainant, serving as persuasive authority for similar applications under the B.N.S. Act, 2023. Summary Category Data Case Name B.A. No. 1389 of 2025 of JALKARAN Vs THE STATE OF JHARKHAND CNR JHHC010418442024 Neutral Citation 2025:JHHC:25078 Decision Date […]

LawSikho
August 26, 2025
3 Mins Read
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Does Article 21 Guarantee Bail as a Rule for Offences Under Sections 117(2), 221, and 121(2) of the Bharatiya Nyaya Sanhita, 2023?

Reaffirming the principle that bail is the rule and jail the exception under Article 21; High Court of Uttarakhand allows release on bail in a BNS 2023 case, offering binding guidance for similar applications. Summary Category Data Case Name BA1/1529/2025 of KARAN Vs STATE OF UTTARAKHAND CNR UKHC010130502025 Decision Date 25-08-2025 Disposal Nature ALLOWED […]

LawSikho
August 26, 2025
3 Mins Read
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Can Writ Petitions for Panchayati Raj Arrears Be Disposed Solely on Coordinate-Bench Precedents and State Clarifications?

The High Court answers in the affirmative, upholding and applying Rajkumar Agrawal (2017) and Girdhar Gopal Jagrawal (2021), alongside the State’s 07.04.2022 clarification. This decision binds all Rajasthan subordinate courts and offers persuasive value elsewhere. Summary Category Data Case Name CW/19187/2019 of GOPAL KRISHNA SHARMA SON OF SHRI RAMPAL SHARMA Vs STATE OF RAJASTHAN […]

LawSikho
August 26, 2025
4 Mins Read
114 Views
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Can an FIR with direct allegations of rape and outraging modesty be quashed under Section 482 CrPC despite petitioners’ claims of mala fide?

Bombay High Court reaffirms Bhajan Lal guidelines, declines to quash FIR for offences under Section 376(2)(n) IPC and POCSO — binding on subordinate courts Summary Category Data Case Name WP/1147/2023 of SHAMKUMAR DEVANAND PURBHE AND OTHERS Vs THE STATE OF MAHARASHTRA AND ANOTHER CNR HCBM030317312023 Decision Date 25-08-2025 Disposal Nature DISMISSED Judgment Author Hon’ble […]