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

LawSikho
August 19, 2025
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Can a Special Civil Application Be Summarily Disposed as Infructuous on Petitioner’s Own Concession?

Court Affirms the Practice of Disposing Moot Petitions Without Further Adjudication Summary Category Data Case Name SCA/10228/2025 of JAYENDRABHAI GAMBHIRDAS VYAS Vs THE STATE OF GUJARAT CNR GJHC240330412025 Date of Registration 23-07-2025 Decision Date 18-08-2025 Disposal Nature 56-DISPOSED AT ADMISSION STAGE Judgment Author HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Court High Court of Gujarat […]

LawSikho
August 19, 2025
3 Mins Read
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Are State Authorities Obligated to Consider Ad-Hoc Promotions for Employees Facing Disciplinary or Criminal Inquiries Under Government Resolutions?

The Gujarat High Court answered in the affirmative, reaffirming that Government Resolutions dated 02.04.1983, 30.10.1993, and 14.06.2016 mandate fair consideration of ad-hoc promotions and directing State authorities to decide fresh representations within eight weeks; this order serves as binding authority on Government departments in Gujarat. Summary Category Data Case Name SCA/4305/2025 of Suresh Manilal […]

LawSikho
August 19, 2025
2 Mins Read
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Can a High Court Extend the Compliance Period for a Sentence Suspension Under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

Madras High Court upholds its inherent procedural discretion to prolong the deadline for compliance with a suspension order until 22 August 2025, providing a direct authority for litigants seeking extensions under Section 528 BNS 2023. Summary Category Data Case Name CRL MP/15711/2025 of Nagalakshmi Vs M.Panchatcharam CNR HCMA011820972025 Decision Date 18-08-2025 Disposal Nature ORDERED […]

LawSikho
August 19, 2025
3 Mins Read
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Can Anticipory Bail Be Made Absolute Post-Charge-Sheet When No Custodial Interrogation Is Required?

The Uttarakhand High Court answers in the affirmative—anticipatory bail can be made absolute once the charge-sheet is filed and custodial interrogation is unnecessary, reaffirming personal liberty under Article 21 and providing a binding precedent on bail conditions in healthcare-sector FIRs. Summary Category Data Case Name ABA/311/2025 of GAURAV AGARWAL Vs STATE OF UTTARAKHAND CNR […]

LawSikho
August 19, 2025
2 Mins Read
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Can interim bail orders be made absolute as anticipatory bail under Article 21 without adjudicating the merits?

Affirming existing precedent, the Uttarakhand High Court holds that personal liberty under Article 21 warrants anticipatory bail, converting interim bail into final relief with conditions; persuasive authority in criminal cases Summary Category Data Case Name ABA/265/2025 of RISHI BAJAJ Vs STATE OF UTTARAKHAND CNR UKHC010033292025 Date of Registration 11-03-2025 Decision Date 18-08-2025 Disposal Nature […]

LawSikho
August 19, 2025
2 Mins Read
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When Should High Courts Exercise Discretion to Grant Anticipory Bail Under Article 21 and the Bharatiya Nyaya Sanhita, 2023?

Upholding Personal Liberty in Non-Heinous Offences, Binding on Subordinate Courts Summary Category Data Case Name ABA/291/2025 of RITIK Vs STATE OF UTTARAKHAND CNR UKHC010036962025 Decision Date 18-08-2025 Disposal Nature ALLOWED Judgment Author Hon’ble Mr. Justice Alok Kumar Verma Court High Court of Uttarakhand Type of Law Criminal Law Questions of Law When and how […]

LawSikho
August 19, 2025
3 Mins Read
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Can an unchallenged High Court precedent bar a state appeal against a service-transfer restraint?

Upholding existing precedent and enforcing statutory transfer rules under Chapter VI of the Uttarakhand Panchayati Raj Act, 2016, High Court’s answer: An appeal against a Single Judge’s transfer-restraint order grounded on an unchallenged Division Bench judgment cannot be entertained. The Competent Authority must issue fresh transfer orders in accordance with Chapter VI of the Uttarakhand […]

LawSikho
August 19, 2025
3 Mins Read
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Can Anticipatory Bail Be Granted When an Accused Marries a Minor under the BNSS and POCSO?

Calcutta High Court Affirms That Minor’s Consent Is Invalid and Section 182 BNSS Protection Cannot Be Extended Post Charge-Sheet, Rejecting Anticipatory Bail Summary Category Data Case Name CRM (A)/2763/2025 of PPPPPPP Vs STATE OF WEST BENGAL AND ANR CNR WBCHCA0352832025 Date of Registration 01-08-2025 Decision Date 18-08-2025 Disposal Nature REJECTED Court Calcutta High Court […]

LawSikho
August 19, 2025
3 Mins Read
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Can High Courts Grant Bail Under Section 439 CrPC Read With Section 483 BNSS Act When Injuries Are Non-Serious and a Charge-Sheet Has Been Filed Despite Criminal Antecedents?

Yes. The Calcutta High Court reaffirmed that bail under Section 439 CrPC read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may be granted if the material on record does not justify continued detention—even when antecedents exist—and held the order as binding on subordinate courts. Summary Category Data Case Name CRM(M)/1075/2025 of […]

LawSikho
August 19, 2025
2 Mins Read
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Does the parity principle entitle similarly situated co-accused to bail under Section 439 CrPC and Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

Calcutta High Court reaffirms the parity principle in bail applications where the State does not oppose, extending identical relief to co-accused under criminal procedure law. Summary Category Data Case Name CRM(M)/1076/2025 of SAMRAT SINGH Vs STATE OF WEST BENGAL CNR WBCHCA0320812025 Date of Registration 16-07-2025 Decision Date 18-08-2025 Disposal Nature ALLOWED Judgment Author HON’BLE […]

LawSikho
August 19, 2025
3 Mins Read
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Can the absence of victim identification and minimal complicity justify bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

Calcutta High Court reaffirms discretionary bail where the accused has no nexus to the offence and the victim fails to identify him—persuasive authority in criminal bail proceedings Summary Category Data Case Name CRM(M)/1082/2025 of ROKY HAZRA @ ROKI HAZRA Vs STATE OF WEST BENGAL CNR WBCHCA0324162025 Decision Date 18-08-2025 Disposal Nature ALLOWED Judgment Author […]

LawSikho
August 19, 2025
3 Mins Read
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Can a High Court under Article 226 grant protective directions to adult petitioners who solemnize marriage without family consent?

High Court reaffirms Supreme Court precedents (Lata Singh, Arumugam Servia), disposes petition at threshold stage; clarifies no opinion on personal‐law validity per Doly Rani Summary Category Data Case Name WP(C)/1963/2025 of ASHA BANO AND ANR Vs UNION TERRITORY OF J AND K (HOME) AND ORS CNR JKHC010041732025 Date of Registration 13-08-2025 Decision Date 18-08-2025 […]