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

LawSikho
November 4, 2025
3 Mins Read
84 Views
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Can Non-Compoundable Charges Under Section 307 IPC Be Quashed on Settlement? Uttarakhand High Court Applies New BNSS Section 528 In Light of Private Settlement

The Uttarakhand High Court, applying Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, clarified that proceedings under non-compoundable charges like Section 307 IPC can be quashed on the basis of genuine settlement between parties. This case reaffirms existing precedent and provides binding value for subordinate courts in Uttarakhand, offering important guidance on quashing in […]

LawSikho
November 4, 2025
2 Mins Read
60 Views
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Does Dismissal of a Writ Petition for Non-Prosecution Amount to a Decision on Merits? When Is Such a Dismissal to Be Treated as Having Precedential or Binding Effect?

The court dismissed the writ petition for non-prosecution after noting the petitioner’s repeated absence; no determination on merits was made, and the precedent value is accordingly limited to procedural aspects rather than substantive law. This order affirms existing practices and holds limited persuasive authority for similar circumstances. Summary Category Data Case Name CWP/32688/2024 of […]

LawSikho
November 4, 2025
3 Mins Read
68 Views
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Can Temporary Disability In Motor Accident Claims Justify Enhancement of Compensation? — High Court Affirms Existing Law on Nature of Disability and Compensation Assessment

The High Court of Punjab and Haryana confirms that only permanent disabilities or those likely to persist justify enhancement in compensation under Motor Accident Claims; temporary disabilities, as established by medical testimony, do not warrant increase. This ruling upholds existing precedent and provides binding authority for all subordinate courts within jurisdiction. Summary Category Data […]

LawSikho
November 4, 2025
4 Mins Read
58 Views
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Can a De-recognition of Qualification by Authorities Operate Retrospectively to Invalidate Appointments Already Made? – No Substantial Law Decided When Service Has Ended and Benefits Are Granted

The Punjab & Haryana High Court did not finally decide on the substantial questions of law regarding retrospective operation of de-recognition of teaching qualifications, as retirement and grant of all service benefits to the appellant rendered the dispute academic. The issue of law remains open for future adjudication, and the judgment has limited binding value […]

LawSikho
November 4, 2025
4 Mins Read
66 Views
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Can an Employee Claim Promotion or Seniority Benefits When Lacking Essential Qualifications at the Relevant Time? – High Court Reaffirms Precedent and Denies Relief

The Punjab and Haryana High Court has reaffirmed that an employee who did not possess the requisite qualifications at the time of appointment cannot claim promotional or seniority benefits solely on the grounds that juniors, similarly appointed, were granted such benefits. This decision, which follows existing precedent, is binding on all subordinate courts in Punjab, […]

LawSikho
November 4, 2025
2 Mins Read
64 Views
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Can A Petition Be Dismissed for Non-Prosecution When No Party Appears for the Petitioner at Consecutive Hearings?

The High Court reaffirmed that petitions may be dismissed for non-prosecution if the petitioner repeatedly fails to appear. This judgment follows settled law, confirming the court’s powers in such instances; remains binding on subordinate courts, with direct relevance to all practitioners handling writs and similar proceedings. Summary Category Data Case Name CWP/32688/2024 of UNION […]

LawSikho
November 4, 2025
3 Mins Read
62 Views
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Can Temporary Disability Justify Enhancement of Compensation in Motor Accident Claims? — Reaffirmation of the Tribunal’s Discretion on Quantum of Award

The Punjab & Haryana High Court held that a temporary disability, which is likely to improve over time according to medical evidence, does not constitute sufficient ground for enhancement of compensation. The decision upholds existing precedent and reinforces the Tribunal’s wide discretion in assessing compensation based on the nature and duration of disability. This ruling […]

LawSikho
November 4, 2025
5 Mins Read
68 Views
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Does the Motor Accident Claims Tribunal Have to Award Higher Compensation for Grievous Injuries in the Absence of Permanent Disability?

The High Court reaffirmed that even without permanent disability, courts must award fair and enhanced compensation under special heads (pain and suffering, special diet, transportation, attendant charges) in line with Supreme Court precedent. This judgment consolidates settled law, ensuring tribunals do not mechanically restrict compensation. It stands as binding authority within the Punjab and Haryana […]

LawSikho
November 4, 2025
4 Mins Read
60 Views
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Does a Taxpayer Whose GST Registration Was Cancelled for Non-Filing of Returns Have a Right to Restoration by Complying with Statutory Requirements After the Limitation Period? Affirming Precedent: Applicability of Division Bench Principles on Condonation and Restoration in CGST Registration Cancellation Cases

The Calcutta High Court reaffirmed that even after the expiry of the condonable period for statutory appeal under the CGST Act, taxpayers may be granted an opportunity to restore their cancelled GST registration if they remedy statutory breaches—specifically by filing pending returns and clearing dues—provided precedent such as Subhankar Golder is satisfied. This order follows […]

LawSikho
November 4, 2025
6 Mins Read
70 Views
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Does Age Relaxation for Contractual Health Workers in Government Recruitment Depend Strictly on Service Rendered Within Government Roles, Even After COVID–19 Notifications? Calcutta High Court Upholds Existing Precedent, Reaffirming Eligibility Criteria for Age Relaxation; Judgment Is Binding Authority for Recruitment and Service Law Practitioners

Court rules that recommendations to grant COVID–19 health workers additional preference or age relaxation do not override specific government notifications or recruitment rules unless formally adopted by the relevant administration. Judgment affirms prior approach on strict adherence to eligibility criteria, and will serve as binding authority within the Calcutta High Court and persuasive value elsewhere […]

LawSikho
November 4, 2025
6 Mins Read
80 Views
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Can a Civil Suit and Amendment Application Be Dismissed Without Allowing Evidence When Material Facts Are Already Pleaded?

The Court reaffirms that once material facts are pleaded, dismissal of a suit and amendment application without permitting parties to lead evidence is improper. The judgment upholds Supreme Court precedent on Order VI Rule 17 and Order VII Rule 11 CPC, clarifying that amendments necessary for determining the real controversy should generally be allowed unless […]

LawSikho
November 4, 2025
5 Mins Read
72 Views
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When Can an Appellate Court Order a Denovo Trial in Criminal Appeals Against Acquittal? Clarification and Application of “Exceptional Circumstances” Requirement by the Tripura High Court

The High Court of Tripura firmly reaffirms that retrials in criminal appeals against acquittal should be ordered only in “exceptional circumstances” where procedural lapses have caused a miscarriage of justice, and not to compensate for a complainant’s failure to adduce adequate evidence. The judgment upholds settled Supreme Court precedent and is binding on subordinate courts […]