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

LawSikho
August 19, 2025
3 Mins Read
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Can anticipatory bail be granted post-charge-sheet when personal liberty under Article 21 and absence of tampering risk exist?

High Court of Uttarakhand upholds established anticipatory-bail jurisprudence, making interim bail absolute where no antecedents or flight/tampering risk exists Summary Category Data Case Name ABA/137/2025 of Shivam Singh Rana v. State of Uttarakhand CNR UKHC010013122025 Decision Date 18-08-2025 Disposal Nature Allowed Judgment Author Hon’ble Mr. Justice Alok Kumar Verma Court High Court of Uttarakhand […]

LawSikho
August 19, 2025
Less than a minute
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Can a High Court dismiss a writ petition for non-prosecution?

High Court of Uttarakhand reaffirms its procedural power to dismiss unprosecuted petitions; binding guidance for petitioners on appearance and prosecution Summary Category Data Case Name WPCRL No. 11 of 2022 CNR UKHC010001322022 Decision Date 18-08-2025 Disposal Nature Dismissed for non-prosecution Judgment Author Hon’ble Mr. Justice Pankaj Purohit Court High Court of Uttarakhand Bench Single […]

LawSikho
August 19, 2025
3 Mins Read
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Can a High Court Interfere with an Interim Maintenance Order When the Family Court’s Reasoning and Awarded Quantum Are Reasonable?

High Court upholds Family Court’s interim maintenance order; affirms that interference is unwarranted absent demonstrable error; binding authority for matrimonial maintenance disputes Summary Category Data Case Name CRLR/5/2025 of VINDER SINGH Vs KAVITA SINGH CNR UKHC010000732025 Decision Date 18-08-2025 Disposal Nature DISMISSED Judgment Author Hon’ble Mr. Justice Pankaj Purohit Court High Court of Uttarakhand […]

LawSikho
August 19, 2025
2 Mins Read
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Can anticipatory bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 be granted where the accused claims false implication and is a permanent resident?

Summary Category Data Case Name ABA/937/2025 of DANISH Vs STATE OF UTTARAKHAND CNR UKHC010126082025 Date of Registration 13-08-2025 Decision Date 18-08-2025 Disposal Nature ALLOWED Judgment Author HON’BLE MR. JUSTICE ALOK KUMAR VERMA Court High Court of Uttarakhand Bench Single‐Judge Bench Type of Law Criminal law (anticipatory bail under BNS 2023) Questions of Law Whether […]

LawSikho
August 19, 2025
1 Min Read
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Can a Civil Revision Petition Under Section 115 CPC Be Dismissed for Default on Non-Appearance?

Madras High Court affirms inherent power to dismiss revision petitions for default when the petitioner’s counsel fails to appear. Summary Category Data Case Name CRP/3262/2017 of S.PRABAKARAN Vs THIRU.A.R.GOVARDHAN CNR HCMA011870092017 Decision Date 03-09-2021 Disposal Nature Dismissed for default Judgment Author V.M. Velumani, J. Court Madras High Court Bench Single Judge Type of Law […]

LawSikho
August 19, 2025
1 Min Read
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Can a Second Appeal Be Summarily Dismissed for Non-Prosecution When Appellants Fail to Appear?

Summary Category Data Case Name RSA-4887-2015 of Raj Kumar and others vs S.K. Tripathi CNR PHHC011241542015 Decision Date 24-01-2023 Disposal Nature Dismissed for non-prosecution Judgment Author B.S. Walia, J. Court High Court of Punjab and Haryana Bench Single Judge Precedent Value Reaffirms established appellate procedure (binding) Type of Law Civil Procedure – Appellate Question […]

LawSikho
August 19, 2025
2 Mins Read
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Can a Senior Superintendent of Police prematurely retire officers under Punjab Police Rules 9.18(2) without State Government approval?

The High Court of Punjab and Haryana held that only an Inspector General of Police, with prior sanction of the State Government, can invoke Rule 9.18(2) PPR to retire officers after ten years’ service, setting aside SSP orders for lack of competence and procedural fairness and reaffirming mandatory approval and hearing requirements. Summary Category […]

LawSikho
August 19, 2025
Less than a minute
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Does failure to appear on a pass-over mandate dismissal for non-prosecution?

Orissa High Court reaffirms inherent power to dismiss applications for non-prosecution where the petitioner does not appear despite being called over. Summary Category Data Case Name CMAPL No. 324 of 2022 of Jagadish Saran Bose Vs Cuttack Gramya Bank CNR ODHC010506712022 Court Orissa High Court Bench Dr. S. Muralidhar (Chief Justice), Chittaranjan Dash (Judge) […]

LawSikho
August 19, 2025
2 Mins Read
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Can a High Court Direct Service Regularisation by Mandamus on the First Hearing Without a Reasoned Order?

Orissa High Court upholds Supreme Court’s settled principles on writ disposal, requiring reasoned consideration of representations with an opportunity to be heard Summary Category Data Case Name WA/418/2021 of ORISSA WATER SUPPLY AND SEWERAGE BOARD Vs DAMAYANTI PANDA CNR ODHC010344072021 Court Orissa High Court Bench S. K. Mishra, B. P. Routray Judgment Author S. […]

LawSikho
August 19, 2025
Less than a minute
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When can a civil miscellaneous application be dismissed for non-prosecution due to the petitioner’s non-appearance?

Summary Category Data Case Name C.Misc./614/2022 of Smt. Ujjwala Shahi @ Ujjwala Mishra Vs The State of Bihar CNR BRHC010725682022 Date of Registration 08-09-2022 Decision Date 17-11-2022 Disposal Nature Dismissed for non-prosecution Court High Court of Judicature at Patna Bench Single Judge Bench Judgment Author Honourable Mr. Justice Anil Kumar Sinha

LawSikho
August 19, 2025
1 Min Read
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Can a High Court condone delay and recall a dismissal for default in a writ petition under Article 226?

Calcutta High Court upholds its inherent power to condone delay and restore a writ petition dismissed for default, offering persuasive authority for procedural reinstatement in public law litigation. Summary Category Data Case Name WPA/16539/2021 of SANKAR KUMAR NAIYA Vs STATE OF WEST BENGAL AND ORS. CNR WBCHCA0312492021 Decision Date 19-05-2025 Disposal Nature RESTORED Judgment […]

LawSikho
August 19, 2025
3 Mins Read
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Can a Dowry-Death Conviction Stand Solely on Circumstantial Evidence Without a Valid Dying Declaration or Proof of Demand?

High Court Reaffirms That Section 113B Presumption Requires Proved Dowry Demand and Valid Dying Declaration, Setting Aside Convictions Under Sections 304B/34, 498A/34 IPC and Section 4 Dowry Prohibition Act as Binding Precedent in Jharkhand Summary Category Data Case Name Cr.A(DB)/816/2012 of DAYA NIDHI DAS AND ORS Vs THE STATE OF JHARKHAND CNR JHHC010126252012 Date […]