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

LawSikho
November 11, 2025
5 Mins Read
68 Views
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Can Recovery of Lawfully Paid Travelling Allowance to Government Grade-III Employees Be Ordered After Long Delay Without Allegation of Fraud? (Chhattisgarh High Court Reaffirms Precedent and Principles of Natural Justice – Binding Authority)

The Court held that recovery orders for payments like travelling allowance made to Grade-III government employees cannot be enforced after a significant delay in the absence of fraud, misrepresentation, or collusion, especially when due process was followed in sanction and disbursement. This judgment upholds established precedent, affirms the principle of natural justice, and serves as […]

LawSikho
November 11, 2025
4 Mins Read
64 Views
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When Can Police Refuse to Register FIR on Complaint Alleging Serious Offences? High Court Reaffirms Non-Interference Where Enquiry Finds Complaint Untrue

The High Court upheld the police’s decision not to register an FIR when a preliminary enquiry found no truth in the complaint, reaffirming the principle that writ relief will not be granted in such circumstances. This decision follows existing precedent and holds binding value for subordinate courts in Andhra Pradesh. Summary Category Data Case […]

LawSikho
November 11, 2025
3 Mins Read
62 Views
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Does Payment of Claimed Amounts Render a Writ of Mandamus Infructuous Where Relief is Sought Against State Inaction in Release of Bill Amounts for Completed Works?

When the State releases the amounts claimed for execution of public works during the pendency of the writ petition, the High Court may close the writ as infructuous with no further orders. This reaffirms the established practice that judicial intervention is not warranted when the grievance stands redressed before adjudication, and serves as binding authority […]

LawSikho
November 11, 2025
7 Mins Read
76 Views
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Can Compassionate Appointment be Claimed as a Matter of Right after Lapse of Years or Attaining Majority? — High Court Reaffirms Strict Temporal Limits and Excludes Delayed Claims

The High Court of Chhattisgarh, in 2025, has reaffirmed the longstanding judicial position that compassionate appointments cannot be claimed after a significant lapse of time from the employee’s death, regardless of when the dependent attains majority. The judgment upholds Supreme Court precedents, reinforcing that such employment is an exception for immediate financial distress and not […]

LawSikho
November 11, 2025
4 Mins Read
68 Views
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Does a Comprehensive Two-Wheeler Insurance Policy Cover Pillion Riders as ‘Third Parties’? High Court Clarifies Insurer’s Liability under Section 173 of the Motor Vehicles Act

The Chhattisgarh High Court affirms that under a comprehensive/package policy, the insurer is liable for compensation to a pillion rider—even if the rider is related to the vehicle owner—thereby following Delhi High Court precedent and clarifying precedential value for motor accident claims. Summary Category Data Case Name MAC/1093/2022 of KU. ARTI MINJ Vs Bartholomiyush […]

LawSikho
November 11, 2025
7 Mins Read
70 Views
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Can High Courts Interfere with Expert Committee Opinions in Competitive Examinations? Ratio in Ran Vijay Singh and Successors Reaffirmed by Manipur High Court as Binding Law

The Manipur High Court reiterates that judicial assessment of questions and answers in public recruitment exams is generally impermissible, and courts must be extremely slow to interfere with the findings of neutral, domain-specific expert committees—reaffirming Supreme Court precedent and clarifying that such judicial restraint applies even where candidates raise specific objections. This decision affirms prior […]

LawSikho
November 11, 2025
4 Mins Read
70 Views
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When Calculating Motor Accident Compensation, Must Courts Add 40% for Future Prospects Even When Income Is Not Proven But Assessed Notionally? Does Parental, Spousal, and Filial Consortium Mandatorily Require Specific Amounts for Each Category? (Binding Clarification; Applies to All Tribunals Under MACT)

The Chhattisgarh High Court, relying on Supreme Court precedent (Pranay Sethi, Magma General, Satinder Kaur), reaffirmed that for deceased persons under 40 years with no proven income, 40% must be added towards future prospects over the notional income, and multiple consortiums (spousal, parental, filial) are awardable to eligible claimants. This approach is compulsory unless superseded […]

LawSikho
November 11, 2025
7 Mins Read
80 Views
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Can Conviction for Aggravated Penetrative Sexual Assault under POCSO Be Based Solely on the Credible Testimony of a Minor Victim? – Affirmation of Existing Precedent with Emphasis on Age Determination Standards

Chhattisgarh High Court upholds that the unshaken and trustworthy testimony of a minor victim suffices for conviction in POCSO cases, even in absence of direct forensic corroboration. The judgment reaffirms Supreme Court precedents, clarifies admissible proof of age under the JJ Act, and is a binding authority for all subordinate courts in the state on […]

LawSikho
November 11, 2025
3 Mins Read
74 Views
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Can a Government Employee Insist on Retaining the Same Place of Posting?—Chhattisgarh High Court Reaffirms “Transfer as Incident of Service” Principle

The High Court held that a government servant has no vested right to remain posted at a particular location, reaffirming the established principle that transfer is an incident of service. The judgment upholds prevailing legal position and is binding precedent for future cases in service law across Chhattisgarh. Summary Category Data Case Name WPS/12536/2025 […]

LawSikho
November 11, 2025
3 Mins Read
82 Views
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Does the State Have Authority to Withhold Release of Seized Vehicles Pending Payment of Penalty and Seigniorage Fee Under Mining Laws? — Andhra Pradesh High Court Upholds Existing Precedent

The Andhra Pradesh High Court reaffirms, following precedent, that immediate release of seized vehicles is not barred by non-payment of penalty and seigniorage fee, provided suitable bonds and undertakings are furnished. This judgment maintains the line of authority set by the Division Bench in Naganath v. State of Andhra Pradesh, and is binding on subordinate […]

LawSikho
November 11, 2025
2 Mins Read
64 Views
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Does a Criminal Appeal Abate Upon the Death of the Appellant?

The High Court has reiterated that in criminal proceedings, where the sole appellant dies during the pendency of the appeal, the appeal abates and stands dismissed as abated. This decision, rooted in established procedure, upholds existing legal precedent, and serves as binding authority for all subordinate courts dealing with abatement due to the death of […]

LawSikho
November 11, 2025
4 Mins Read
70 Views
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Can Motor Accident Tribunals Use State Minimum Wages Data to Compute Compensation for Deceased Victims Without Proof of Actual Income? – Chhattisgarh High Court Affirms Use of Minimum Wage as Notional Income

The Chhattisgarh High Court held that where claimants cannot establish the actual income of a deceased victim in a fatal accident, Tribunals must consider the notified State minimum wage rates as the basis for notional income calculation. This judgment reaffirms and applies existing precedent, enhancing compensation based on current minimum wages, and serves as binding […]