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

LawSikho
November 11, 2025
4 Mins Read
75 Views
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Can Sentences Under Section 304-A IPC Be Reduced to Time Already Undergone Based on Circumstances Like No Criminal Antecedents and Prolonged Pendency?

The Chhattisgarh High Court reaffirmed that trial courts and appellate courts retain judicial discretion to reduce sentence under Section 304-A IPC to the period already undergone, particularly considering mitigating factors such as absence of prior criminal record, long pendency of proceedings, and contributory negligence by the victim. This judgment upholds existing precedent and serves as […]

LawSikho
November 11, 2025
4 Mins Read
74 Views
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Does the Andhra Pradesh Land Encroachment Act Require Revenue Authorities to Decide Representations Under Section 6 Before Taking Possession Under Section 7? — Precedent on Due Process and Natural Justice

The Andhra Pradesh High Court affirms that revenue authorities must first pass a speaking order on any explanation or representation provided by an affected party under Section 6 of the A.P. Land Encroachment Act, 1905, before attempting dispossession under Section 7. This clarifies procedural due process, reinforcing the necessity of safeguarding natural justice. The decision […]

LawSikho
November 11, 2025
8 Mins Read
76 Views
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Can Conviction for Murder Be Sustained Solely on the Testimony of a Single Eyewitness Who Is a Close Relative, Even if Other Alleged Eyewitnesses Are Not Examined?

The Gauhati High Court reaffirms that conviction for murder can rest on the reliable and cogent evidence of a single eyewitness—even if the witness is a close relative—so long as their testimony inspires confidence and is corroborated by medical evidence and surrounding circumstances; non-examination of additional eyewitnesses and non-recovery of the weapon are not fatal. […]

LawSikho
November 11, 2025
3 Mins Read
66 Views
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Does the Minimum Wage Notification Mandate Reassessment of Income in Motor Accident Compensation, and How Should “Just Compensation” Be Calculated in Accordance with Supreme Court Precedent?

The Chhattisgarh High Court held that the income of a deceased unskilled labourer must be assessed in line with the prevailing Minimum Wages Notification, and recalculated compensation accordingly. The judgment upholds and applies existing Supreme Court precedent (Pranay Sethi, Sarla Verma, Magma General Insurance), clarifying its binding authority on Motor Accident Claims Tribunals and reinforcing […]

LawSikho
November 11, 2025
4 Mins Read
68 Views
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Can Courts Take a Liberal Approach in Cancelling Arrest Warrants for Non-Appearance When Bonafide Reasons Like Illness Are Shown? – Precedent from Chhattisgarh High Court

The Chhattisgarh High Court has clarified that where an accused demonstrates bonafide reasons such as illness for failing to appear before the court, and has previously complied with court attendance, courts should adopt a more liberal stance in considering applications for cancellation of arrest warrants. This judgment upholds a flexible approach, reaffirming the need for […]

LawSikho
November 11, 2025
3 Mins Read
68 Views
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Can Police Be Mandated to Ensure Law and Order During Religious Festivals at the Behest of a Sarpanch? — Upholding Executive Duty Under Article 226

The High Court reaffirmed that executive authorities can be directed under Article 226 to maintain law and order and enable peaceful conduct of religious festivals, emphasizing the continuing obligation of the police to protect customary rights and prevent disturbances. This judgment upholds existing precedents and provides binding authority for similar administrative law disputes involving law […]

LawSikho
November 11, 2025
4 Mins Read
70 Views
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Can Matrimonial Cases Be Transferred for the Wife’s Convenience? Andhra Pradesh High Court Upholds Supreme Court Precedent on Section 24 CPC Transfers

The Andhra Pradesh High Court reaffirms that in matrimonial disputes, transfer petitions under Section 24 of the CPC filed by wives should primarily consider the wife’s convenience—upholding binding Supreme Court authorities and providing strong precedential value for future petitions seeking transfer on grounds of hardship to the wife. Summary Category Data Case Name TRCMP/202/2025 […]

LawSikho
November 11, 2025
5 Mins Read
66 Views
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Does Subsequent Regularization of a Dependent Disqualify Compassionate Appointment Absent Fraud? – Binding Reaffirmation on the Cut-off Date for Eligibility

The Chhattisgarh High Court definitively holds that the eligibility for compassionate appointment is to be determined as of the date of application, not by later developments, unless fraud or deliberate misrepresentation is established. This appellate judgment upholds prior precedent and will serve as binding authority for similar disputes, especially in public employment matters involving compassionate […]

LawSikho
November 11, 2025
3 Mins Read
62 Views
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Is the Addition of 40% of Income Towards Future Prospects for Deceased Persons Aged Below 40 Still Good Law? Reaffirming the Pranay Sethi Principle in Motor Accident Compensation

The High Court reaffirms that, consistent with the Supreme Court’s decision in Pranay Sethi, 40% of the established income should be added as future prospects where the deceased was below 40 years old at the time of accident. This ruling upholds existing precedent and serves as binding authority for compensation claims involving similar age brackets […]

LawSikho
November 11, 2025
5 Mins Read
72 Views
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Does Unexplained Delay in FIR and Passive Victim Conduct Bar Conviction for Rape? Precedent on Evaluating Testimony in Sexual Offence Cases Reaffirmed

Chhattisgarh High Court reaffirms that unexplained delay in lodging an FIR and the conduct of the prosecutrix can render her testimony unreliable and, in the absence of corroboration, unsafe for conviction; upholds Supreme Court precedent and serves as binding authority within the State for evaluating evidence in sexual offence prosecutions. Summary Category Data Case […]

LawSikho
November 11, 2025
4 Mins Read
48 Views
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Is the Insurance Company Bound to Pay Compensation First, Even if Driver Lacked Valid Licence, Under Section 173 of the MV Act? — Chhattisgarh High Court Upholds Swaran Singh Doctrine

Chhattisgarh High Court confirms that the insurer must pay compensation to claimants first and can later recover from the owner if the driver did not hold a valid licence; this upholds the Supreme Court’s precedent in Swaran Singh and maintains established binding authority in motor accident claims. Applicable as binding precedent for claims arising under […]

LawSikho
November 11, 2025
4 Mins Read
72 Views
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How Should Courts Define and Assess Mental Cruelty in Divorce Proceedings Under the Hindu Marriage Act? — Affirmation of Supreme Court Standards as Binding Authority

High Court of Chhattisgarh affirms established Supreme Court interpretations on “mental cruelty”; upholds contextual evaluation as the standard for grant of divorce under Hindu Marriage Act. Serves as binding precedent for family law cases within the state and offers persuasive value beyond. Summary Category Data Case Name FAM/123/2018 of SMT. GODAWARI SAHU Vs CHANDRASHEKHAR […]