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

LawSikho
November 4, 2025
3 Mins Read
66 Views
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Can a Matrimonial Case Be Transferred on Anticipation of Future Convenience When No Present Hardship or Accommodation Exists? – Jharkhand High Court Reaffirms Established Principles

The Jharkhand High Court dismissed a transfer petition seeking to move a matrimonial suit based solely on anticipated convenience after a family member’s future retirement, reasserting that absence of existing accommodation and lack of current hardship or prejudice bar such transfers. The decision upholds established transfer jurisprudence, offering binding guidance within the state’s jurisdiction for […]

LawSikho
November 4, 2025
5 Mins Read
52 Views
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Can Differential Land Acquisition Compensation Be Justified When Adjacent Villages Are Not Similarly Treated? Affirmation of Parity and Enhancement as Binding Precedent

The Jharkhand High Court has reaffirmed that landowners of villages acquired under the same notification, for the same purpose, and in comparable locations are entitled to uniform compensation rates. This judgment upholds and applies the earlier precedent set in F.A. No. 176 of 2018, confirming that the enhanced compensation rate of Rs. 7,000/- per decimal […]

LawSikho
November 4, 2025
3 Mins Read
64 Views
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When Can High Courts Interfere with Interim Injunction Orders under Article 227? Reaffirmation of Limited Supervisory Jurisdiction

High Court reiterates that supervisory power under Article 227 does not allow substitution of appellate court’s discretionary orders unless there is manifest illegality or jurisdictional error; the order granting interim injunction in an ongoing civil suit will generally not be interfered with if no such illegality exists. Judgment upholds established precedent—binding authority within Uttarakhand. […]

LawSikho
November 4, 2025
3 Mins Read
78 Views
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Can an Unregistered Educational Institution Use the Term “Madarsa” in its Name? Uttarakhand High Court Reaffirms Precedent Requiring Recognition Under State Madarsa Board

The Court held that use of the word ‘Madarsa’ in the name of an institution is impermissible unless the institution is registered/recognized by the Uttarakhand Madarsa Education Board, affirming its earlier ruling and establishing binding authority for similar cases in Uttarakhand. Summary Category Data Case Name WPMS/3039/2025 of ANWRUL QURAN SOCIETY Vs STATE OF […]

LawSikho
November 4, 2025
3 Mins Read
68 Views
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When is Contempt Jurisdiction Not Attracted? High Court Reaffirms: Passing of Reasoned Order in Compliance with Prior Directions Suffices

The Jharkhand High Court holds that once a reasoned order is passed as directed, contempt proceedings cannot be maintained; the correct remedy for residual grievances lies in statutory appeal or application. This judgment upholds existing precedent on the limits of contempt jurisdiction in the context of administrative compliance orders, and serves as binding authority within […]

LawSikho
November 4, 2025
3 Mins Read
68 Views
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When Is a Contempt Petition Not Maintainable After Compliance With a Court’s Direction?

If a public authority passes a reasoned order in compliance with a prior judicial mandate, the High Court will not entertain contempt proceedings. This judgment upholds existing precedent on the scope and maintainability of contempt jurisdiction in service law and administrative directions, reaffirming principles already settled in law. The decision is binding on all subordinate […]

LawSikho
November 4, 2025
2 Mins Read
92 Views
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Can Anticipatory Bail Be Granted Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for Offences Under Section 160(2) of the Railway Act, 1989? — Precedent on Scope and Application of BNSS Section 482

The High Court reaffirms that anticipatory bail relief under Section 482 of BNSS (analogous to CrPC Section 438) can be granted for offences under the Railway Act, where custodial interrogation is unnecessary. This decision clarifies the continued practical parity between BNSS and prior CrPC provisions regarding anticipatory bail and affirms the established judicial approach to […]

LawSikho
November 4, 2025
3 Mins Read
60 Views
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Does Withdrawal of a Petition Seeking Protection of Life and Liberty under Articles 226/227 Preclude Recourse to Alternative Remedies?

The Court affirms that when a writ petition under Articles 226/227 seeking protection of life and liberty is withdrawn by the petitioner to pursue alternative legal remedies, such withdrawal does not bar recourse to those remedies. The judgment upholds established procedural principles and can be cited as binding authority for matters of withdrawal and liberty […]

LawSikho
November 4, 2025
3 Mins Read
68 Views
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Does Withdrawal of a Petition Seeking Protection of Life and Liberty Under Articles 226/227 of the Constitution Bar A Petitioner from Pursuing Alternative Remedies?

The Punjab & Haryana High Court accepts withdrawal of a habeas corpus/writ petition filed under Articles 226/227 with liberty for the petitioner to pursue alternative remedies available in law, following a status report by the police and non-objection from State counsel. The order reaffirms existing precedent without creating or overruling legal principles; it remains binding […]

LawSikho
November 4, 2025
2 Mins Read
70 Views
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Does the Non-Appearance of Petitioner Justify Dismissal of a Writ Petition for Default?

The Calcutta High Court reaffirmed that where a petitioner does not appear and has not sought accommodation, dismissal for default is justified. This approach maintains settled law on court procedure and is of practical precedential value for High Courts and subordinate courts dealing with non-prosecution of writ petitions. Summary Category Data Case Name WPA/2006/2025 […]

LawSikho
November 4, 2025
4 Mins Read
64 Views
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Does a Motor Accident Tribunal’s Excess Quantum Award Permit Recovery from Claimant After Disbursal? Clarification on Recovery of Excess Compensation Already Paid

The Punjab and Haryana High Court reaffirms that, even if compensation awarded by a Motor Accident Claims Tribunal exceeds what is legally due, amounts already disbursed to claimants are not recoverable from them; this follows established Supreme Court precedent and clarifies the position for subordinate courts, insurers, and claimants in the motor accident claim sector. […]

LawSikho
November 4, 2025
5 Mins Read
78 Views
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Whether Compensation Over-Awarded by the Motor Accident Claims Tribunal Can Be Recovered If Already Disbursed: Reaffirmation of Non-Recovery Principle in Motor Vehicle Claims Appeals

The Punjab & Haryana High Court affirms that, even where compensation awarded by a Tribunal is higher than legally warranted and payments have been disbursed to claimants, the excess cannot be recovered from them—upholding Supreme Court precedent and binding subordinate courts in motor accident claims. Summary Category Data Case Name FAO/5222/2017 of IFFCO TOKIO […]