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

LawSikho
August 19, 2025
4 Mins Read
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Is self-immolation in heat of passion caused by a spouse’s cruelty punishable under Section 304 Part II IPC and Section 498-A IPC rather than Sections 302 or 307 IPC?

Summary Category Data Case Name CR.A/454/2011 of STATE OF GUJARAT Vs RAMESHBHAI SAVABHAI MALI CNR GJHC240457282011 Decision Date 18-08-2025 Judgment Author HON’BLE MR. JUSTICE P. M. RAVAL Concurring or Dissenting Judges HON’BLE MR. JUSTICE ILESH J. VORA (concurring) Court High Court of Gujarat at Ahmedabad Bench Division Bench (Vora and Raval JJ.) Type of […]

LawSikho
August 19, 2025
Less than a minute
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Can a High Court Dispose of a Transfer Petition on Withdrawal Without Examining Its Merits?

Clarification that a transfer petition may be withdrawn and disposed of at the petitioner’s request without the court examining merits Summary Category Data Case Name CR.MA/16413/2025 of PRAVINABA D/O MOBATSINH JASWANTSINH VAGHELA W/O DAIVATSINH BHIMSINH JADEJA Vs PRUTHVIRAJSINH MOBATSINH VAGHELA CNR GJHC240549582025 Decision Date 18-08-2025 Disposal Nature Withdrawn Judgment Author Honourable Mr. Justice Nirzar […]

LawSikho
August 19, 2025
1 Min Read
86 Views
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Can a Quashing Application under Section 482 CrPC Be Withdrawn After Trial Commencement?

Summary Category Data Case Name R/Criminal Misc Application No. 8119 of 2024 (Vijaybhai Parshoattam Bhai Chauhan & Ors. vs State of Gujarat & Anr.) CNR GJHC240267572024 Decision Date 18-08-2025 Judgment Author Honourable Mr. Justice Nirzar S. Desai Court High Court of Gujarat at Ahmedabad Bench Single Judge Disposal Nature Application disposed of as withdrawn […]

LawSikho
August 19, 2025
1 Min Read
95 Views
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Can a High Court Dismiss an Anticipatory Bail Application as Withdrawn on the Applicant’s Request?

High Court permits withdrawal of an anticipatory bail petition when unopposed, reaffirming its procedural discretion. Summary Category Data Case Name ABA/401/2025 of VISHVAS RALHAN Vs STATE OF UTTARAKHAND CNR UKHC010053642025 Decision Date 18-08-2025 Disposal Nature DISMISSED AS WITHDRAWN Judgment Author Hon’ble Mr. Justice Alok Kumar Verma Court High Court of Uttarakhand Bench Single Judge […]

LawSikho
August 19, 2025
3 Mins Read
113 Views
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Does the absence of anti-mortem injuries in the post-mortem report justify bail in a culpable homicide case?

Court reaffirms that bail is warranted where material shows natural cause of death and no evidence of violence; binding on trial courts as per High Court’s discretionary exercise of bail jurisprudence. Summary Category Data Case Name BA1/1451/2025 of NISAR Vs STATE OF UTTARAKHAND CNR UKHC010124302025 Date of Registration 11-08-2025 Decision Date 18-08-2025 Disposal Nature […]

LawSikho
August 19, 2025
3 Mins Read
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Are Arnesh Kumar Guidelines and Section 35(3) BNSS Act Notices Mandatory for Arrests in Offences Punishable up to Seven Years?

Clarification that prior notice under Section 35(3) of the BNSS Act (analogous to Section 41A CrPC) is mandatory before arrest for offences up to seven years, affirming Arnesh Kumar (2014) as binding precedent for investigating agencies under the BNSS Act. Summary Category Data Case Name WPCRL/879/2025 of SHEESHRAJ SINGH AND ANR Vs STATE OF […]

LawSikho
August 19, 2025
3 Mins Read
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Does an Investigating Officer Require Prior Notice Under Section 35(3) of the BNSS Act (Section 41A CrPC) Before Arresting a Suspect for Offences Punishable up to Seven Years?

Reaffirmation of Arnesh Kumar Guidelines Applied to BNSS Act Offences Punishable Up to Seven Years The High Court holds that offences under Section 316(4) of the BNSS Act, 2023, attract a maximum punishment of seven years and therefore mandate prior notice under Section 35(3) of the BNSS Act (analogous to Section 41A CrPC) before arrest. […]

LawSikho
August 19, 2025
2 Mins Read
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When does parity between co-accused justify bail under Section 439 CrPC?

Calcutta High Court affirms existing parity principle, granting bail by aligning with earlier order—binding authority for similar bail applications Summary Category Data Case Name CRM(M) 1062 of 2025 of CHANDRIKA YADAV @ CHANDRIKA JADAB Vs STATE OF WEST BENGAL CNR WBCHCA0317532025 Decision Date 18-08-2025 Disposal Nature ALLOWED Judgment Author HON’BLE JUSTICE SUVRA GHOSH Court […]

LawSikho
August 19, 2025
2 Mins Read
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Does the Principle of Parity Require Granting Bail to Co-accused Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

High Court Affirms Established Bail-Parity Doctrine; Binding on Trial Courts for Similarly Situated Accused Summary Category Data Case Name CRM(M)1085/2025 of Murshed Sk. @ Nurshed Sk. and Anr. Vs State of West Bengal CNR WBCHCA0325532025 Decision Date 18-08-2025 Disposal Nature ALLOWED Judgment Author Hon’ble Justice Suvra Ghosh Court Calcutta High Court Bench Single Judge […]

LawSikho
August 19, 2025
1 Min Read
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Can a Writ Petition Be Withdrawn at Any Stage and Dismissed as Withdrawn by the High Court?

Affirming that a petitioner’s prayer for withdrawal during hearing leads to dismissal without merits adjudication; binding on subordinate courts in writ practice. Summary Category Data Case Name W.P.(C) No.11771 of 2025 of TARANISEN ROUT Vs BRANCH MANAGER, CHOLAMANDALAM INV. FIN. CO. LTD., JAJPUR CNR ODHC010303012025 Decision Date 18-08-2025 Disposal Nature Withdrawn Judgment Author Dr. […]

LawSikho
August 19, 2025
3 Mins Read
139 Views
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Does extraneous blood pressure testing violate recruitment rules when not prescribed in advertisement or statutory provisions?

The Orissa High Court upholds strict adherence to Rule 8’s physical standards, declaring unprescribed BP measurement arbitrary, and affirms binding authority for public service recruitments Summary Category Data Case Name WP(C)/20297/2025 of NADEEM SAWAN Vs STATE OF ODISHA CNR ODHC010504892025 Decision Date 18-08-2025 Disposal Nature Disposed Off Judgment Author Mr. Justice Aditya Kumar Mohapatra […]

LawSikho
August 19, 2025
Less than a minute
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Can a High Court Permit Withdrawal of a Transfer Petition Without Examining Its Merits?

Permitting petition withdrawal reaffirms the Court’s inherent procedural discretion; no substantive transfer precedent is created. Summary Category Data Case Name CR.MA/16638/2025 of DHIRAJBA D/O. MOBATSINH JASWANTSINH VAGHELA W/O. BHARATSINH RAISINH JADEJA Vs PRUTHVIRAJSINH MOBATSINH VAGHELA CNR GJHC240549322025 Decision Date 18-08-2025 Disposal Nature Disposed of as withdrawn Judgment Author Honourable Mr. Justice Nirzar S. Desai […]