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

LawSikho
August 20, 2025
3 Mins Read
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Is a Writ of Mandamus Against a District Magistrate Maintainable When Alternative Statutory Remedies Under the BNSS Act, 2023 and Section 91 CPC Exist?

High Court dismisses writ petition seeking mandamus in an encroachment dispute, reaffirms requirement to exhaust remedies under Section 152 BNSS Act, 2023 and Section 91 CPC; upholds existing precedent as binding authority in land‐encroachment matters. Summary Category Data CNR UKHC010020182025 Decision Date 19-08-2025 Disposal Nature DISMISSED Judgment Author Hon’ble Mr. Justice Manoj Kumar Tiwari […]

LawSikho
August 20, 2025
3 Mins Read
107 Views
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Can High Courts Direct the Registration of an FIR Under Article 226 or Must They Limit Themselves to Directing Authorities to Reconsider?

Affirming Supreme Court’s Ruling in _Sudhir Bhaskarrao Tambe_, Gujarat High Court Holds That Writs for FIR Registration Are Disfavoured but Authorities Must Reconsider Applications and Inform Applicants Summary Category Data Case Name SCR.A/11442/2025 of NADIRHUSEN AHEMADBHAI KURESHI Vs STATE OF GUJARAT CNR GJHC240551132025 Decision Date 19-08-2025 Judgment Author Honourable Mr. Justice Hasmukh D. Suthar […]

LawSikho
August 20, 2025
2 Mins Read
95 Views
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Can a trial court’s refusal to accept delayed probation compensation be quashed under Section 482 CrPC to enforce the order and secure release?

High Court reaffirms its inherent supervisory jurisdiction, permitting compensation deposit beyond the stipulated period and directing immediate release upon payment, serving as binding authority in criminal quashing petitions Summary Category Data Case Name R/SCR.A/11470/2025 of DHIRUBHAI KURJIBHAI PARMAR Vs STATE OF GUJARAT CNR GJHC240590912025 Decision Date 19-08-2025 Judgment Author HONOURABLE MR. JUSTICE HASMUKH D. […]

LawSikho
August 20, 2025
2 Mins Read
104 Views
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Can a disciplinary dismissal under Rule 19(ii) of the Rajasthan Civil Services Rules be valid without recording written reasons for dispensing with inquiry?

Court holds non-recording of reasons renders termination void; affirms Tulsiram Patel precedent in civil services disciplinary law Summary Category Data Case Name CW/27949/2018 of SATYA NARAIN YADAV SON OF SHRI JAGMAL SINGH YADAV Vs STATE OF RAJASTHAN CNR RJHC021211812018 Date of Registration 21-12-2018 Decision Date 19-08-2025 Disposal Nature ALLOWED Judgment Author MAHENDAR KUMAR GOYAL […]

LawSikho
August 19, 2025
3 Mins Read
89 Views
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Can Bail Be Granted After Execution of an NBW for a Single Hearing Non-Appearance?

Madras High Court Affirms Discretionary Bail Under Section 483 BNS 2023, Following P.K. Shaji, as Persuasive Authority for Subordinate Courts in Non-Bailable Offences Summary Category Data Case Name Crl.O.P.No.22846/2025 of Prejith Vs The State Rep. by The Inspector of Police, CNR HCMA011802522025 Decision Date 18-08-2025 Disposal Nature GRANTED Judgment Author HON’BLE DR JUSTICE G. […]

LawSikho
August 19, 2025
Less than a minute
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Can a Section 482 CrPC Quashing Petition Be Withdrawn at Any Stage as of Right?

Gujarat High Court Permits Withdrawal of Criminal Miscellaneous Application Without Adjudication on Merits Summary Category Data Case Name CR.MA/16576/2025 of TUSHAR SUNILKUMAR SHARMA Vs STATE OF GUJARAT CNR GJHC240578442025 Date of Registration 12-08-2025 Decision Date 18-08-2025 Disposal Nature 40-WITHDRAWN @ FH Judgment Author HONOURABLE MR. JUSTICE NIRZAR S. DESAI Court High Court of Gujarat […]

LawSikho
August 19, 2025
1 Min Read
103 Views
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Can a petitioner withdraw a Special Civil Application with liberty to file afresh upon furnishing necessary particulars?

Gujarat High Court reaffirms its administrative discretion to allow withdrawal of petitions at the procedural stage, binding on subsequent civil writ proceedings. Summary Category Data Case Name SCA/8984/2024 of HITENDRABHAI NATWARLAL BHESANIYA Vs GUJARAT STATE ROAD TRANSPORT CORPORATION GSRTC CNR GJHC240332732024 Date of Registration 18-06-2024 Decision Date 18-08-2025 Disposal Nature 27-WITHDRAWN @ ADM.STAGE Judgment […]

LawSikho
August 19, 2025
Less than a minute
117 Views
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Can a civil writ petition be dismissed when rendered infructuous?

High Court dismisses petition on counsel’s admission of its infructuous nature Summary Category Data Case Name CW/16160/2024 of ASHA W/O SH. AJAY SINGH CHAND Vs STATE OF RAJASTHAN CNR RJHC020878382024 Decision Date 18-08-2025 Disposal Nature Dismissed Judgment Author MAHENDAR KUMAR GOYAL Court High Court of Judicature for Rajasthan, Bench at Jaipur Bench Single-judge bench […]

LawSikho
August 19, 2025
2 Mins Read
116 Views
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Should Personal Liberty Under Article 21 Prevail to Warrant Anticipatory Bail Absent Criminal Antecedents?

Affirms settled law that personal liberty is paramount; anticipatory bail warranted when applicant is falsely implicated, has no antecedents, and interim bail conditions are satisfactorily met. Summary Category Data Case Name ABA/160/2025 of JASVINDER SINGH Vs STATE OF UTTARAKHAND CNR UKHC010016902025 Decision Date 18-08-2025 Disposal Nature ALLOWED Judgment Author Hon’ble Mr. Justice Alok Kumar […]

LawSikho
August 19, 2025
2 Mins Read
89 Views
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Can a High Court Direct a Magistrate to Conclude a Delayed Criminal Trial within a Fixed Timeframe to Secure the Right to Speedy Justice?

Uttarakhand High Court upholds its inherent powers under Section 482 CrPC to enforce expeditious disposal of long-pending trials, imposing a two-year deadline—binding on the concerned Magistrate and persuasive for similar petitions. Summary Category Data Case Name C528/1364/2025 of MUKESH KUMAR Vs CHIEF JUDICIAL MAGISTRATE, MUSSOORIE CNR UKHC010122652025 Decision Date 18-08-2025 Disposal Nature Disposed with […]

LawSikho
August 19, 2025
2 Mins Read
96 Views
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Can contempt proceedings be closed upon substantial compliance while ancillary relief remains unaddressed?

High Court of Meghalaya upholds that once primary directives are complied with, contempt applications may be disposed—leaving secondary relief to fresh proceedings; binding on subordinate courts and persuasive elsewhere. Summary Category Data Case Name Cont.Cas(C)/14/2025 of NACHWAHI CHALLAM Vs TAIWANYOO WAR CNR MLHC010004662025 Date of Registration 28-04-2025 Decision Date 18-08-2025 Disposal Nature Disposed Off […]

LawSikho
August 19, 2025
Less than a minute
79 Views
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Does final disposal of a writ petition automatically dispose connected miscellaneous applications?

High Court of Meghalaya reaffirms that MC(WPC) applications stand infructuous upon resolution of the main writ petition, providing procedural clarity for subordinate courts. Summary Category Data Case Name MC(WPC)/47/2025 of M/S COLONEL SHISHUPAL SECURITY CONSULTANCY AND SERVICES AND ANR. Vs UNION OF INDIA AND 4 ORS. CNR MLHC010002722025 Decision Date 18-08-2025 Disposal Nature Disposed […]