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

LawSikho
August 19, 2025
5 Mins Read
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Can a Defect in Framing Charges Under IPC Sections 302, 34, and 120B Vitiate a Murder Conviction Without Demonstrable Prejudice?

No Prejudice in Charge Framing Upholds Conviction; Chance-Witness Evidence, Section 27 Recoveries, and Inquest-PM Distinctions Affirmed by Calcutta HC Category Data Case Name CRA/519/2016 of SURAJIT DAS @ NARKEL @ SUROJIT DAS & ANR. Vs STATE OF WEST BENGAL CNR WBCHCA0389722016 Date of Registration 19-08-2016 Decision Date 18-08-2025 Disposal Nature DISMISSED Judgment Author Hon’ble […]

LawSikho
August 19, 2025
6 Mins Read
87 Views
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Can Minor Irregularities in Charge Framing, Venue Discrepancies, or Section 27 Discovery Vitiate Murder Convictions Backed by Reliable Eyewitness and Ballistic Evidence?

The Calcutta High Court affirms that absent any real prejudice to the accused, defects in framing charges under Sections 302/34/120B IPC, minor inconsistencies in place-of-occurrence evidence, and flexible compliance with Section 27 of the Evidence Act will not invalidate convictions founded on consistent eyewitness testimony and corroborative ballistic reports. This decision upholds established precedents and […]

LawSikho
August 19, 2025
3 Mins Read
83 Views
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Can a co-sharer’s sale pass only the vendor’s own share, and does omitting other jointly-owned parcels from the partition schedule invalidate the suit?

Calcutta High Court answered affirming that a co-sharer may convey only the share he actually holds and that a partition suit need only schedule the specific parcel in dispute. This upholds settled civil property precedent and serves as binding authority for future partition cases. Summary Category Data Case Name FAT No. 310 of 2012 […]

LawSikho
August 19, 2025
1 Min Read
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Can a High Court Dismiss a Writ Petition in Default for Non-Appearance Without Adjournment?

Summary Category Data Case Name WRIC/3003187/1984 of STATE OF U.P. THROUGH COLLECTOR LAKHIMPUR KHERI Vs SMT. LEKHA RAJEY AND OTHERS CNR UPHC020002061984 Date of Registration 01-01-1984 Decision Date 31-08-2022 Disposal Nature Dismissed in default Judgment Author Hon’ble Manish Kumar, J. Court Allahabad High Court Bench Single Judge Overrules / Affirms Affirms existing procedural principle […]

LawSikho
August 19, 2025
2 Mins Read
97 Views
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Can a Criminal Revision Petition Under Sections 379/401 CrPC Be Summarily Dismissed for Non-Prosecution?

Madras High Court Reaffirms That Non-Appearance Warrants Dismissal, Upholding Existing Procedural Precedent in Criminal Revision Petitions Summary Category Data Decision Date 25-04-2024 Disposal Nature DISMISSED Judgment Author Justice K.K.Ramakrishnan Court Madras High Court, Madurai Bench Bench Single Judge (K.K.Ramakrishnan, J.) Precedent Value Binding on procedures governing criminal revision petitions Overrules / Affirms Affirms Type […]

LawSikho
August 19, 2025
1 Min Read
93 Views
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Should a writ petition be dismissed for non-prosecution after prolonged inaction despite a final opportunity?

High Court dismisses petition after 11-year delay and counsel’s refusal to argue, upholding the importance of timely prosecution under Articles 226/227 Summary Category Data Case Name WP/108486/2014 of NAGESH SUBBARAO MAYYA Vs THE STATE OF KARNATAKA CNR CNR KAHC020032482014 Date of Registration 05-09-2014 Decision Date 28-04-2025 Disposal Nature Dismissed for non-prosecution Judgment Author M.G. […]

LawSikho
August 19, 2025
2 Mins Read
95 Views
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Can a High Court Mandate Consideration of Timely Objections to Tentative Gradation Lists?

Affirming the principle of fair hearing under Article 226 and directing administrative authorities to decide objections within four weeks, this order serves as persuasive guidance for recruitment processes in public services. Summary Category Data Case Name WP(C)/22565/2025 of MOHAMMED MUQTAR Vs STATE OF ODISHA CNR ODHC010569982025 Date of Registration 12-08-2025 Decision Date 18-08-2025 Disposal […]

LawSikho
August 19, 2025
3 Mins Read
79 Views
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Is a Blood Pressure Measurement Test Extraneous to the Prescribed Physical Standards Under Rule 8 of the Odisha Forest Service Recruitment Rules, 2013?

Court Holds That Disqualifying Candidates Solely on Blood Pressure Readings, Absent Mention in Rule 8 or the Advertisement, Is Arbitrary and Illegal Summary Category Data Case Name WP(C) No. 20355 of 2025 of Leeman Acharya Vs State of Odisha CNR ODHC010514242025 Decision Date 18-08-2025 Disposal Nature Disposed of Judgment Author Mr. Justice Aditya Kumar […]

LawSikho
August 19, 2025
2 Mins Read
117 Views
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Can an appellate court increase the proportion of compensation a claimant may withdraw from a Railway Claims Tribunal award?

Orissa High Court upholds appellate power to modify early-withdrawal limits under the Railway Claims Act, allowing 50% withdrawal where claimants face financial hardship, reaffirming judicial discretion and guiding subordinate tribunals. Summary Category Data Case Name FAO/130/2025 of KAMAKSHI PANDA Vs UNION OF INDIA CNR ODHC010197172025 Decision Date 18-08-2025 Disposal Nature Disposed Off Judgment Author […]

LawSikho
August 19, 2025
3 Mins Read
83 Views
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Is a Writ Petition Challenging Eviction Premature Without an Eviction Notice and Should a Statutory Remedy Be Exhausted First?

High Court upholds existing practice under Article 226 by directing encroacher to approach Collector and restraining coercive action pending decision Summary Category Data Case Name WP(C)/22548/2025 of RAMA CHANDRA PANGI Vs STATE OF ORISSA CNR ODHC010558022025 Date of Registration 12-08-2025 Decision Date 18-08-2025 Disposal Nature Disposed Off Judgment Author Dr. Justice Sanjeeb K. Panigrahi […]

LawSikho
August 19, 2025
1 Min Read
115 Views
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Can Prolonged Pre-Trial Custody Alone Justify Bail in Cybercrime Proceedings Under the BNS and IT Act?

High Court of Jharkhand grants bail based solely on custody duration in a cybercrime case, upholding established bail principles without altering precedent—binding on subordinate courts in similar matters. Summary Category Data Case Name B.A. 6183/2025 of Sunil Mandal alias Sunil Kumar Mandal Vs The State of Jharkhand CNR JHHC010205592025 Decision Date 18-08-2025 Disposal Nature […]

LawSikho
August 19, 2025
Less than a minute
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Can a High Court Permit Withdrawal of a Quashing Petition at the Admission Stage Without Examining Merits?

Court Allows Withdrawal of SCR.A Petition as Withdrawn; No Merits Examined Summary Category Data Case Name SCR.A/3331/2021 of ARCHANBHAI HASMUKHBHAI KAPURIYA PATEL Vs STATE OF GUJARAT CNR GJHC240162272021 Decision Date 18-08-2025 Disposal Nature Petition disposed of as withdrawn Judgment Author Honourable Mr. Justice J. C. Doshi Court High Court of Gujarat Bench Single-Judge Bench […]