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

LawSikho
August 19, 2025
5 Mins Read
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Can Minor Discrepancies in Eyewitness Testimonies and Investigative Omissions Invalidate Convictions Under Sections 302 and 326 IPC?

The Calcutta High Court answers “no,” reaffirming that normal contradictions and incomplete recovery of weapons do not defeat convictions when injured witnesses’ evidence and medical reports are overwhelming; this decision upholds existing Supreme Court precedents and serves as binding authority for criminal trials. Summary Category Data Case Name CRA/266/2015 of AFTAB SK @ ATAB […]

LawSikho
August 19, 2025
6 Mins Read
139 Views
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Can Minor Discrepancies and Investigation Omissions Invalidate Convictions Based on Overwhelming Injured‐Witness and Medical Evidence?

The Calcutta High Court affirms that minor contradictions, inquest irregularities, or non-recovery of weapons do not automatically undermine convictions under Sections 302, 326 read with 34 IPC, and stands as binding authority for subordinate courts while following established precedents. Summary Category Data Case Name CRA/320/2015 of Waser Sk @ Wacher Mayra Vs State of […]

LawSikho
August 19, 2025
2 Mins Read
99 Views
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Can a Writ Petition Under Article 226 Be Dismissed as Withdrawn with Direction to Pursue Perjury Proceedings?

The Madras High Court reaffirms procedural norms by allowing withdrawal of a writ petition with endorsement and directing petitioners to seek remedy via an application for perjury, serving as binding High Court authority on similar withdrawals. Summary Category Data Case Name W.P.No.30565 of 2025 of M. Govindasamy Vs. The Director General of Police CNR […]

LawSikho
August 19, 2025
2 Mins Read
105 Views
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Can an Appellate Court Dispose of an Appeal on the Basis of a Private Settlement and Add Non-Party Respondents by Consent?

The Calcutta High Court affirms the power to dispose appeals on settlement terms, add previously non-partied respondents who have affirmed affidavits, and grant liberty to amend pleadings—serving as persuasive authority in civil appellate procedure. Summary Category Data Case Name MAT/717/2025 of SMARAJIT SAHA @ SUROJIT SAHA AND ORS Vs ASIT GHOSH AND ORS CNR […]

LawSikho
August 19, 2025
1 Min Read
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Can a writ petition be disposed of as infructuous once the petitioner’s grievance is redressed?

Calcutta High Court reaffirms that where relief has been granted by respondents, a writ petition may be summarily disposed of as infructuous, providing binding guidance on procedural finality in writ jurisdiction. Summary Category Data Case Name WPA/16787/2025 of Namita Roy Vs State of West Bengal And Ors. CNR WBCHCA0341752025 Court Calcutta High Court Bench […]

LawSikho
August 19, 2025
5 Mins Read
131 Views
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Do minor discrepancies in eyewitness accounts and procedural lapses vitiate a conviction when supported by overwhelming medical and injured‐witness evidence?

Reaffirming that normal discrepancies, inquest limitations, and minor investigative omissions do not undermine murder and grievous‐hurt convictions; acquitting those not clearly implicated Calcutta High Court answers “No,” upholding convictions under Sections 302/326 IPC read with Section 34, acquitting one accused for lack of evidence. The judgment affirms precedents on inquest scope, normal vs material discrepancies, […]

LawSikho
August 19, 2025
5 Mins Read
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Can Minor Discrepancies in Witness Accounts and Inquest Findings Undermine Convictions Under Sections 302/326 IPC?

Calcutta High Court affirms that minor contradictions, preliminary inquest reports and post-mortem meal-time estimations do not derail convictions; binding authority for handling injured-witness testimony and inquest scope Summary Category Data Case Name C.R.A. 320 of 2015 Waser Sk. @ Wacher Mayra v. State of West Bengal CNR WBCHCA0273722015 Date of Registration 03-06-2015 Decision Date […]

LawSikho
August 19, 2025
2 Mins Read
86 Views
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Does the High Court’s writ jurisdiction empower it to direct administrative authorities to consider and dispose representations within a stipulated timeframe?

Summary Category Data Case Name WP(C)/33311/2024 of MANJULATA MOHANTA Vs STATE OF ODISHA CNR ODHC010927152024 Decision Date 18-08-2025 Disposal Nature Disposed Off Judgment Author Mr. Justice Dixit Krishna Shripad Court Orissa High Court Bench Single Judge Type of Law Writ Jurisdiction / Administrative Law Questions of Law Whether the High Court can direct the […]

LawSikho
August 19, 2025
4 Mins Read
92 Views
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Can a Writ Petition Be Entertained When an Adequate Statutory Appeal Exists Under the O.P.L.E. Act?

High Court Reaffirms Exhaustion of Statutory Remedies Before Exercising Writ Jurisdiction in Eviction Proceedings under Section 12(1) of the O.P.L.E. Act The Orissa High Court held that where a clear statutory appeal remedy under Section 12(1) of the Odisha Prevention of Land Encroachment (O.P.L.E.) Act exists against eviction notices, the High Court will not entertain […]

LawSikho
August 19, 2025
1 Min Read
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Can a Writ Petition Be Dismissed for Non-Prosecution When the Petitioner Fails to Appear and Does Not Seek Adjournment?

Patna High Court dismisses petition for non-prosecution; underscores the procedural necessity of appearance or a formal adjournment request Summary Category Data Case Name CWJC/16697/2011 of SHAMBHU KUMAR Vs THE STATE OF BIHAR and ORS CNR BRHC010292442011 Date of Registration 21-09-2011 Decision Date 01-04-2016 Disposal Nature DISMISS FOR NON-PROSECUTION Judgment Author Honourable Mr. Justice Rakesh […]

LawSikho
August 19, 2025
Less than a minute
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Can a Criminal Miscellaneous Application under Section 482 CrPC Be Withdrawn at Any Stage with the High Court’s Permission?

High Court permits withdrawal of quashing petition, reaffirming inherent discretionary power under Section 482 CrPC; persuasive authority for lower courts Summary Category Data Case Name CR.MA/16575/2025 of Uttam Bhikhabhai Vansh vs State of Gujarat CNR GJHC240571592025 Decision Date 18-08-2025 Judgment Author Honourable Mr. Justice Nirzar S. Desai Court High Court of Gujarat Bench Single […]

LawSikho
August 19, 2025
3 Mins Read
101 Views
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Can bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 be refused when prima facie evidence shows serious economic offences and trial has commenced?

Calcutta High Court upholds established bail principles, binding on subordinate courts, affirming that overwhelming material and gravity of charges justify denial of bail under Section 483 BNS Sanhita Summary Category Data Case Name CRM (M) 930 of 2025 of Bithi Ghosh Vs State of West Bengal CNR WBCHCA0288952025 Date of Registration 02-07-2025 Decision Date […]