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

LawSikho
November 4, 2025
2 Mins Read
68 Views
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Does a Dismissal of a Second Appeal for Non-Prosecution Constitute a Decision on the Merits or Affect the Substantive Legal Rights of the Parties?

The court reiterated that a second appeal dismissed solely for non-prosecution does not result in an adjudication on the merits of the case. This outcome maintains established precedent regarding procedural defaults and signals to subordinate courts the procedural effect of non-appearance by appellants. The judgment upholds prevailing legal interpretations and serves as binding authority on […]

LawSikho
November 4, 2025
6 Mins Read
88 Views
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Does Section 12 of the Probation of Offenders Act, 1958 Bar Disqualification from Public Employment Arising from Conviction if the Person is Released on Probation? – Delhi High Court Reaffirms the Protective Scope and Practical Application

Delhi High Court holds that Section 12 of the Probation of Offenders Act, 1958 protects individuals released on probation from employment disqualification attached to conviction. The Court follows existing Division Bench precedent (Shaitan Singh Meena), clarifying the distinction between ineligibility for appointment and dismissal from service. The judgment is binding precedent for courts and authorities […]

LawSikho
November 4, 2025
2 Mins Read
68 Views
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Calcutta High Court Upholds Existing Practice; No New Substantive Legal Principle Enunciated; Dismissal for Default Has Limited Precedential Value

The Calcutta High Court reaffirmed that repeated non-appearance of parties results in dismissal for default in a second appeal, thereby following established procedural law without altering existing substantive principles. This ruling offers limited, primarily procedural, precedential value for similar future defaults rather than for substantive legal arguments on appeal. Summary Category Data Case Name […]

LawSikho
November 4, 2025
3 Mins Read
70 Views
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Can a Second Appeal Be Dismissed for Default When the Appellant Fails to Appear?

The Calcutta High Court reiterates that persistent non-appearance by the appellant, despite repeated opportunities, mandates dismissal of second appeals for default. This order follows established procedure and upholds the precedent regarding consequences of parties’ inaction, reinforcing binding procedural standards for all subordinate courts in West Bengal. Summary Category Data Case Name SA/915/1965 of BUDGE […]

LawSikho
November 4, 2025
5 Mins Read
56 Views
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Does Non-Recovery of Train Ticket Bar Compensation Under Section 124A of the Railways Act? Orissa High Court Reaffirms Strict Liability and Clarifies Evidentiary Standards

The Orissa High Court clarifies that non-recovery of a journey ticket does not automatically defeat claims under Section 124A of the Railways Act, 1989—circumstantial and documentary evidence are acceptable to establish passengership. The Court follows Supreme Court precedents, reinforcing the doctrine of strict liability for “untoward incidents” and setting a binding authority for subordinate courts […]

LawSikho
November 4, 2025
5 Mins Read
88 Views
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Can a Civil Court Appoint a Commissioner for Local Investigation under Order 26 Rule 9 CPC Even Before Evidence is Led? High Court Clarifies Scope and Non-Prejudicial Nature

The Orissa High Court affirms that there is no legal bar to appointing a Survey Knowing Amin Commissioner under Order 26 Rule 9 of the CPC before commencement of evidence, particularly in suits relating to easement rights. The judgment upholds and clarifies existing precedents, confirming its binding nature on all subordinate civil courts within the […]

LawSikho
November 4, 2025
3 Mins Read
64 Views
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Can Bail Can Be Granted in Cases Registered Under Section 69 of BNS, 2023 During Ongoing Investigation?

The court clarified that bail may be granted in cases under Section 69 of the BNS, 2023, after considering the nature of allegations, duration of incarceration, and investigation stage — reaffirming established legal principles regarding bail at the investigation stage. This judgment stands as binding authority within the State of Telangana for similar bail applications. […]

LawSikho
November 4, 2025
3 Mins Read
66 Views
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When Is an Execution Petition “Fully Satisfied”: Criteria for Disposing Off Petitions Post-Compliance Clarified by High Court

The High Court reaffirms that an execution petition stands disposed of as ‘fully satisfied’ where compliance with the judgment is accepted by both petitioner and State; this maintains existing precedent and provides clear guidance for disposal of such matters. Precedent remains binding on subordinate courts in Himachal Pradesh. Summary Category Data Case Name EX.P./2028/2025 […]

LawSikho
November 4, 2025
5 Mins Read
68 Views
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Can Performance-Based Incentives Be Included in “Income” for Motor Accident Compensation? — High Court Affirms That Only Proven, Regular Components Apply

The High Court of Uttarakhand held that incentive payments, such as occasional or performance-based bonuses, cannot be included in the computation of income for motor accident compensation unless there is cogent and credible evidence proving they are a fixed, regular part of salary. The Court followed the Supreme Court’s settled position in Triveni Kodkany v. […]

LawSikho
November 4, 2025
4 Mins Read
86 Views
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Can Adult Couples in Inter-Community Marriages Seek Direct Police Protection From Familial Threats? — Affirmation of Established Legal Safeguards Under Article 21

The Uttarakhand High Court reaffirms Supreme Court precedent by holding that consenting adult couples, though facing familial and societal hostility, are entitled to police protection for their life and liberty; follows and applies the binding authority of Lata Singh v. State of U.P. (2006). This judgment fortifies the precedent, making it binding on all subordinate […]

LawSikho
November 4, 2025
2 Mins Read
62 Views
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Can an Appeal Be Dismissed for Default When Both Parties Do Not Appear Despite Repeated Opportunities?

The Calcutta High Court confirms that where parties repeatedly fail to appear, an appeal may be dismissed for default after sufficient opportunity is granted. The decision does not alter existing legal precedent but reinforces procedural discipline, serving as binding authority within its jurisdiction, particularly affecting civil procedure and appellate practice. Summary Category Data Case […]

LawSikho
November 4, 2025
2 Mins Read
62 Views
0 Comments

Does Non-Prosecution by Applicant’s Counsel Justify Dismissal of Bail Applications Under Existing Precedent?

The Uttarakhand High Court affirms that bail applications may be dismissed for want of prosecution if counsel is unprepared or lacks instructions; this ruling upholds established procedural norms and is binding within the court’s territorial jurisdiction. Summary Category Data Case Name BA1/1394/2024 of NAUSHAD Vs STATE OF UTTARAKHAND CNR UKHC010112752024 Date of Registration 20-07-2024 […]