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

LawSikho
November 4, 2025
6 Mins Read
76 Views
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When Can a “Security Cheque” Be Deemed Issued Toward Legally Enforceable Debt? High Court Clarifies Scope of Presumption Under Section 139 NI Act and Limits Defence Available to Drawer

The High Court of Tripura reaffirms that once issuance and signature of a cheque are admitted, the statutory presumption under Section 139 of the Negotiable Instruments Act (NI Act) arises in favour of the complainant regarding its issuance in discharge of a debt or liability—placing the burden to rebut on the accused. The judgment sets […]

LawSikho
November 4, 2025
6 Mins Read
62 Views
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In What Circumstances Can an Appellate Court Order a Retrial or Denovo Trial After Acquittal in Criminal Cases? — Clarification and Reinforcement of Existing Precedent

Clarifies that retrial or denovo trial after acquittal may be directed only in exceptional circumstances where miscarriage of justice is evident, and merely casual or incomplete prosecution does not suffice. Upholds settled Supreme Court precedent on appellate interference with acquittal. Binding on all subordinate courts, reaffirming strict limits on appellate power to remand for retrial. […]

LawSikho
November 4, 2025
3 Mins Read
74 Views
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Can Criminal Proceedings Under Sections 279 and 337 IPC Be Quashed on the Basis of a Voluntary Compromise Between the Accused and Injured? — Reaffirmation of Jurisprudence by the Himachal Pradesh High Court

The Himachal Pradesh High Court reaffirms the established principle that criminal proceedings arising from non-serious offences under Sections 279 and 337 IPC can be quashed if parties enter into a genuine, voluntary compromise. The Court’s ruling upholds prevailing precedent, clarifying its application to similar road accident cases, and remains binding on subordinate courts in Himachal […]

LawSikho
November 4, 2025
2 Mins Read
66 Views
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Does Dismissal of a Writ Petition for Non-Prosecution Have Precedential Value on Substantive Legal Questions?

Dismissal of a writ petition by reason of non-prosecution does not constitute a pronouncement on the merits or questions of law, and thus does not create binding precedent. This judgment upholds established procedural law and clarifies that such dismissals have no substantive legal effect for future cases. Summary Category Data Case Name WPMS/527/2014 of […]

LawSikho
November 4, 2025
2 Mins Read
60 Views
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Can a Writ Petition Be Withdrawn at the Oral Request of Petitioner’s Counsel? — High Court Practice Reaffirmed

The High Court confirms that writ petitions may be dismissed as withdrawn upon oral request by counsel, upholding established judicial procedure; order affirms existing practices and has binding value within the jurisdiction. Summary Category Data Case Name WPMS/2376/2025 of SANTOSH TAMTA Vs STATE OF UTTARAKHAND CNR UKHC010123612025 Date of Registration 08-08-2025 Decision Date 31-10-2025 […]

LawSikho
November 4, 2025
2 Mins Read
64 Views
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Does Payment Fulfilling Petitioner’s Claim Render Pending Writ Petitions Infructuous? – Upholding Procedural Finality in Constitutional Writ Jurisdiction

When the subject of a writ petition—here, the claim for payment—is fulfilled during the pendency of proceedings, the Calcutta High Court affirms the established procedural approach to dispose of such petitions as infructuous. The decision reinforces existing precedent, providing binding guidance for subordinate courts within the jurisdiction in similar fact situations. Summary Category Data […]

LawSikho
November 4, 2025
4 Mins Read
58 Views
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Calcutta High Court reaffirms that such adjudication lies exclusively with civil courts, clarifying the limits of the Commission’s powers – serves as binding precedent on jurisdictional competence.

The Court has categorically held that the National Commission for Scheduled Tribes cannot entertain or decide private tenancy disputes or pass eviction orders, especially when such matters are already pending before a civil court. This decision affirms and clarifies established law, reinforcing that only competent civil forums may decide civil rights unrelated to atrocities under […]

LawSikho
November 4, 2025
5 Mins Read
62 Views
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Can Rehabilitation of Saw Mills Be Denied on the Basis of Untraceable Pending Offence Reports? — Orissa High Court Affirms Priority to Eligibility and Refuses Denial Due to Missing Case Records

The Orissa High Court directs that rehabilitation and licensing of saw mills under government policy cannot be denied based solely on untraceable pending offence records; the judgment affirms principles of administrative fairness and equal treatment and stands as binding authority within the state for interpreting the 2011 guidelines and relevant statutory provisions related to saw […]

LawSikho
November 4, 2025
4 Mins Read
74 Views
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When Must Related Ceiling Revision Cases Be Heard Analogously to Prevent Multiplicity of Litigation?

The Orissa High Court mandates that ceiling revision cases arising from the same original land ceiling proceeding must be heard together to ensure a just and proper resolution and to avoid multiplicity of litigation. This judgment affirms existing procedural principles for analogous hearings in land reform matters and serves as binding precedent for all subordinate […]

LawSikho
November 4, 2025
5 Mins Read
54 Views
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Can the Collector Exercise Revisional Jurisdiction to Cancel a Final R.o.R Years After Publication Under Rule 42-A of the OS&S Rules, 1962?

Orissa High Court reaffirms that, after final publication of the Record of Rights (R.o.R.), the Collector lacks jurisdiction under Rule 42-A of the Odisha Survey & Settlement Rules, 1962, to entertain revisional proceedings for cancellation/correction; parties must seek remedy under Section 15(b) (Board of Revenue) within one year or via civil suit under Section 42 […]

LawSikho
November 4, 2025
3 Mins Read
62 Views
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When Can a Contempt Petition Be Dropped Upon Administrative Rejection of a Claim? — High Court Clarifies Scope for Challenging Rejection Orders

The Jharkhand High Court affirms that if an administrative authority rejects a claim, the appropriate remedy lies in challenging the rejection order, not pursuing contempt; this order reaffirms existing precedent and is binding on subordinate courts in Jharkhand for proceedings under the Contempt of Courts Act. Summary Category Data Case Name Cont.(Cvl)/66/2025 of ANJANI […]

LawSikho
November 4, 2025
2 Mins Read
68 Views
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Can an Appeal Be Dismissed for Non-Prosecution When the Appellant Fails to Appear?

The court reaffirmed that when an appellant repeatedly fails to appear or show interest in prosecuting an appeal, dismissal for non-prosecution is justified. This decision upholds existing procedural precedent, emphasizing practical enforcement of judicial procedure in criminal appellate matters, and establishes binding authority within the jurisdiction. Summary Category Data Case Name CRM-A/608/2024 of GURCHARAN […]