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

LawSikho
November 4, 2025
7 Mins Read
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Can Service as Gramin Dak Sevak (GDS) Be Counted Towards Pension Qualifying Service for Regular Postal Employees?—Delhi High Court Upholds Precedent, Denying Such Benefit Under Current Law

The Delhi High Court reaffirmed the Supreme Court’s decision in Union of India v. Gandiba Behera (2021), holding that service rendered as a Gramin Dak Sevak (GDS) cannot be counted towards the qualifying service for pension after absorption into regular posts in the Postal Department. The ruling sets aside contrary Central Administrative Tribunal orders and […]

LawSikho
November 4, 2025
6 Mins Read
70 Views
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Can Service as Gramin Dak Sevak (GDS) Be Counted Towards Pension for Regular Government Posts? — Delhi High Court Upholds Supreme Court Precedent

The Delhi High Court reaffirms that service rendered as a Gramin Dak Sevak (GDS) cannot be factored in for qualifying service for pension or regularisation in regular postal posts, following the binding Supreme Court precedent in Gandiba Behera (2021) 14 SCC 786. This judgment sets aside Central Administrative Tribunal orders to the contrary, providing clear […]

LawSikho
November 4, 2025
2 Mins Read
64 Views
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Does Non-Appearance of the Petitioner’s Counsel Lead to Dismissal of the Writ Petition for Non-Prosecution? Clarification on Procedure Where Petitioner’s Side Default is Persistent

The Orissa High Court reaffirmed existing procedural law that repeated absence of the petitioner’s counsel will result in dismissal of the writ petition for non-prosecution. This decision upholds prevailing judicial practice and confirms binding precedent for trial courts and practitioners in similar procedural default scenarios. Summary Category Data Case Name WP(C)/13214/2018 of AKSHAYA KUMAR […]

LawSikho
November 4, 2025
7 Mins Read
88 Views
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Does Persistent Economic and Emotional Abuse of an Elderly Wife Constitute “Cruelty” under Section 498-A IPC Even in the Absence of Dowry Demands?

The Madras High Court clarifies that sustained economic and emotional abuse—such as deprivation, humiliation, isolation, and financial coercion—amounts to “cruelty” under Section 498-A IPC, regardless of dowry demand, especially when impacting elderly wives. The Court overrules the appellate acquittal, reaffirming that expectations of independent eyewitnesses are unrealistic in domestic settings and that the credible testimony […]

LawSikho
November 4, 2025
7 Mins Read
70 Views
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Can Mental and Economic Cruelty, Proven Mainly by the Wife’s Testimony and Circumstantial Evidence, Suffice for Conviction under Section 498-A IPC in the Absence of Dowry Demand or Independent Eyewitnesses? — Precedent Reaffirmed and Nuanced by the Madras High Court

The Madras High Court has clarified and reinforced that dowry demand is not mandatory for conviction under Section 498-A IPC; continuous mental and economic abuse established primarily through the wife’s credible testimony and surrounding circumstances can suffice. The judgment expressly overrules restrictive evidentiary expectations in domestic cruelty cases and affirms maintenance for elderly women under […]

LawSikho
November 4, 2025
4 Mins Read
84 Views
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Can an Execution Petition Under MSME Act Be Filed Where the Award Debtor’s Bank Has Branches but No Assets? — High Court Reaffirms Territorial Jurisdiction Principles

The Himachal Pradesh High Court clarified that the existence of a bank branch in a jurisdiction does not by itself confer territorial jurisdiction for execution proceedings under Order XXI of CPC; execution must be filed where the award debtor’s assets are situated. This judgment upholds existing Supreme Court precedent and serves as binding authority for […]

LawSikho
November 4, 2025
7 Mins Read
62 Views
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Can a Partner File a Section 138 NI Act Complaint on Behalf of a Firm Without Producing Written Authorisation? — Clarification and Application of Section 313 CrPC Admissions

The Himachal Pradesh High Court has clarified that a partner may file a complaint on behalf of a partnership firm under Section 138 of the Negotiable Instruments Act without producing written authorisation, if the partnership and the partner’s status are admitted by the accused under Section 313 CrPC. The court set aside the trial court’s […]

LawSikho
November 4, 2025
7 Mins Read
64 Views
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Can a Partner File a Section 138 NI Act Complaint for the Firm Without Producing a Partnership Deed? High Court Reaffirms the Role of Admissions in Section 313 CrPC and the Agency Principle for Partnership Firms

The Himachal Pradesh High Court clarified that, where the accused admits in a Section 313 CrPC statement that the complainant is a partner, failure to produce the partnership deed is not fatal to the maintainability of a complaint under Section 138 of the Negotiable Instruments Act. The Court reaffirmed that a partner can represent the […]

LawSikho
November 4, 2025
7 Mins Read
58 Views
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Does Section 222(2) BNSS 2023 Permit a Public Prosecutor to Initiate Defamation Proceedings for Statements Against a Minister Not Linked to Public Conduct? — Calcutta High Court Clarifies Scope and Upholds Existing Law

The Calcutta High Court affirms that a Public Prosecutor can initiate defamation complaints under Section 222(2) BNSS 2023 only when the alleged defamatory statement relates to the public functionary’s conduct in discharge of public functions. The judgment upholds established precedent, clarifies the evidentiary requirements at the cognizance stage, and reinforces individual accountability for republication of […]

LawSikho
November 4, 2025
5 Mins Read
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In Economic Offence Cases Involving Large-Scale Financial Fraud Affecting the Public, Does the High Court Have a Duty to Appropriately Balance Individual Liberty With Societal Interests and Apply Heightened Caution When Considering Bail? Principles Clarified for Bail Under Section 483 BNSS

The Orissa High Court affirms existing Supreme Court principles, holding that allegations of large-scale financial fraud, supported by prima facie evidence and criminal antecedents, justify a cautious approach in denying bail. This judgment applies binding precedent, reinforces the need for stringent scrutiny in economic offences, and has significant precedential value for all financial crime cases […]

LawSikho
November 4, 2025
6 Mins Read
80 Views
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When Should Bail Be Denied in Large-Scale Financial Fraud Cases Involving Cooperative Societies? – Orissa High Court Reaffirms Principles for Bail under Section 483 BNSS, 2023

The Orissa High Court clarifies the approach to bail in economic offences involving allegations of extensive misappropriation within cooperative societies, emphasizing individual liberty is subject to societal interest and seriousness of charges. The judgment upholds existing Supreme Court precedent and provides binding guidance for bail applications under Section 483 BNSS, 2023. Summary Category Data […]

LawSikho
November 4, 2025
6 Mins Read
64 Views
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Does Strict (No-Fault) Liability Under Section 124A of the Railways Act Require Proof of Negligence or Recovery of Journey Ticket? Clarification by the Orissa High Court on the Standard of Proof and Scope of Exceptions for Compensation Claims

The Orissa High Court reaffirms that compensation for death or injury from an “untoward incident” under Section 124A of the Railways Act is governed by strict (no-fault) liability; proof of negligence is immaterial, and non-recovery of a ticket is not fatal if bona fide passengership can be circumstantially established. The Court applies Supreme Court precedent […]