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

LawSikho
November 11, 2025
3 Mins Read
62 Views
0 Comments

Is Eviction Without Notice Unconstitutional? High Court of Andhra Pradesh Reaffirms ‘Due Process of Law’ as Mandatory in State-Driven Evictions

The High Court of Andhra Pradesh holds that any eviction and demolition of residential premises by state authorities must be conducted strictly in accordance with due process of law, reaffirming existing precedent and reinforcing protection for affected residents. This decision is binding on all subordinate courts in Andhra Pradesh and serves as persuasive authority elsewhere, […]

LawSikho
November 11, 2025
4 Mins Read
66 Views
0 Comments

When Can Notional Income Be Revised in Motor Accident Claims? Chhattisgarh High Court’s Application of Pranay Sethi Principles for Enhanced Compensation

The Chhattisgarh High Court clarified that in the absence of documentary evidence for income, notional income based on minimum wages for semi-skilled labour (at the relevant time) should be adopted; additionally, future prospects and updated amounts under non-pecuniary heads must be granted per Supreme Court precedents. This judgment follows and applies binding authority, reaffirming and […]

LawSikho
November 11, 2025
7 Mins Read
88 Views
0 Comments

When can a plaint be rejected under Order 7 Rule 11(d) CPC for want of legal right or title? Clarification of standards for maintainability of declaratory suits under Section 34 Specific Relief Act

Chhattisgarh High Court upholds existing precedent: For a suit under Section 34 of the Specific Relief Act to be maintainable, the plaintiff must possess an accrued legal right or title to the property. Pending applications or expectation of grant do not suffice. Rejection of plaint at threshold is warranted if the suit is barred by […]

LawSikho
November 11, 2025
3 Mins Read
60 Views
0 Comments

Can Revisional Courts Reduce Sentence to Period Already Undergone While Upholding Conviction? — Clarification on Sentencing Discretion Under the Code of Criminal Procedure

Chhattisgarh High Court affirms trial and appellate court convictions but clarifies that sentencing discretion permits reducing jail time to period already undergone, especially considering mitigating factors and prolonged litigation. This judgment partly allows revision and operates as binding precedent for subordinate courts in Chhattisgarh. Summary Category Data Case Name CRR/569/2016 of Ravi Kumar Tandi […]

LawSikho
November 11, 2025
4 Mins Read
58 Views
0 Comments

Does Availability of a Statutory Appeal Bar Maintainability of Writ Petitions Against Orders Under Section 6 of the A.P. Land Encroachments Act, 1905?

A statutory appeal under Section 10(i) of the A.P. Land Encroachments Act, 1905, must be exhausted before seeking relief under Article 226 against orders under Section 6. The High Court affirms the existing precedent, clarifying that writ petitions will ordinarily not be entertained unless such remedies are first invoked. The ruling is binding authority for […]

LawSikho
November 11, 2025
4 Mins Read
64 Views
0 Comments

Does Long Delay and Mitigating Circumstances Justify Reduction of Sentence for Simple Hurt under Section 323 IPC?

The High Court of Chhattisgarh clarifies and upholds the principle that, despite proof beyond reasonable doubt of offences under Section 323/34 IPC, courts may reduce custodial sentences to period already undergone and enhance compensation to victims, considering factors such as the long lapse of time since the offence and absence of prior criminality. The judgment […]

LawSikho
November 11, 2025
5 Mins Read
78 Views
0 Comments

When Is a School Register Entry Sufficient Proof of Age in POCSO Cases? Chhattisgarh High Court Reaffirms Strict Standards for Age Determination (Binding Authority)

Chhattisgarh High Court holds that entries in school registers unsupported by original documentary proof or corroboration cannot be solely relied upon to establish the age of a victim in POCSO prosecutions. This judgment follows and applies Supreme Court precedent, emphasizing rigorous evidentiary standards under Section 35 of the Evidence Act. Serves as binding law for […]

LawSikho
November 11, 2025
4 Mins Read
64 Views
0 Comments

Can a Pending Civil Suit Justify Transfer of a Cheque Bounce Case from Its Statutorily Mandated Jurisdiction? — Gauhati High Court Upholds Statutory and Precedential Limits on Territorial Jurisdiction for Section 138 N.I. Act Cases

The Gauhati High Court reaffirmed that Section 138 N.I. Act cases must be tried in the “natural” jurisdiction prescribed by Section 142(2) N.I. Act, as interpreted by the Supreme Court in Bridgestone India Pvt Ltd v. Inderpal Singh. The pendency of related civil suits or claims of inconvenience is not a sufficient ground for transfer. […]

LawSikho
November 11, 2025
3 Mins Read
56 Views
0 Comments

Can a Writ of Mandamus Be Entertained When the Petitioner Has No Enforceable Personal Right Over the Subject Property? — Reaffirmation of the Requirement for Locus Standi in Article 226 Petitions

The High Court of Andhra Pradesh has reaffirmed that a petitioner must demonstrate an enforceable personal right to seek relief under Article 226 of the Constitution; otherwise, the petition may be dismissed with liberty to approach the court through a Public Interest Litigation (PIL). This judgment upholds established precedent on locus standi requirements in writ […]

LawSikho
November 11, 2025
6 Mins Read
56 Views
0 Comments

Is an Insurance Company Absolved of Liability by Producing Only a Verification Report of a Driver’s Licence—Without Examining the Issuing Authority—Under the Motor Vehicles Act? (Chhattisgarh High Court 2025)

The Chhattisgarh High Court reaffirms that in the absence of oral testimony from the licensing authority, a verification report alone is insufficient proof of a fake driving licence for absolving an insurer’s liability to compensate third parties. The decision upholds settled precedent on evidentiary burden and strict liability under the Motor Vehicles Act, and serves […]

LawSikho
November 11, 2025
4 Mins Read
58 Views
0 Comments

When Can Minimum Wage Provisions and Future Prospects Be Applied to Personal Injury Motor Accident Claims? – Chhattisgarh High Court Reaffirms Precedent, Clarifies Quantification Principles

The Chhattisgarh High Court held that the prescribed minimum wage in force at the time of the accident must be the baseline for income computation where no documentary income proof exists, and future prospects must be added in accordance with Supreme Court guidelines. The judgment upholds and applies binding Supreme Court authority, providing clear procedural […]

LawSikho
November 11, 2025
3 Mins Read
60 Views
0 Comments

Does Non-Appearance of the Petitioner Mandate Dismissal of a Writ Challenging Service-Related Administrative Orders? Clarification and Reaffirmation by the High Court

The Chhattisgarh High Court has reaffirmed the settled principle that a writ petition may be dismissed for non-prosecution if the petitioner or their counsel fails to appear or make representation. The decision upholds existing precedent and clarifies the procedural consequences in service law disputes relating to administrative communications. This holding serves as binding authority for […]