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

LawSikho
November 4, 2025
5 Mins Read
68 Views
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Does Non-Recovery of Ticket Disqualify Claims Under Section 124A, Railways Act? Orissa High Court Applies Liberal Interpretation to ‘Untoward Incident’ Claims (Binding Authority)

The Orissa High Court reaffirms that non-recovery of a train ticket does not bar compensation under Section 124A of the Railways Act when circumstantial and documentary evidence establish bona fide passengership and accidental fall. The judgment aligns with and applies Supreme Court precedents, notably Union of India v. Rina Devi and Prabhakaran Vijaya Kumar, reinforcing […]

LawSikho
November 4, 2025
6 Mins Read
64 Views
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Does the Non-Recovery of a Journey Ticket Bar Compensation under Section 124A of the Railways Act? Orissa High Court Reaffirms Strict (No-Fault) Liability—Eases Evidentiary Burden for Claimants

Orissa High Court clarifies that compensation under Section 124A of the Railways Act cannot be denied solely due to non-recovery of a travel ticket if circumstantial or official documentary evidence establishes bona fide passengership and an ‘untoward incident.’ Judgment upholds and applies Supreme Court precedents, enhancing the welfare objective of the Act; binding on subordinate […]

LawSikho
November 4, 2025
5 Mins Read
68 Views
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What Is the Appropriate Rate of Interest for Motor Accident Compensation Awards When Original Tribunal Awards Exceed Prevailing Judicial Norms? (Clarified: High Court Aligns Interest Rate with Recent Precedent)

The High Court has clarified that while the Tribunal’s findings on income and compensation remain undisturbed in the absence of contrary evidence, the rate of interest on compensation should be aligned to 7% per annum in accordance with prevailing High Court practice, overruling the Tribunal’s award of 8%. This clarification is binding within the State […]

LawSikho
November 4, 2025
4 Mins Read
74 Views
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Does Actual Salary for Compensation under Section 166 Motor Vehicles Act Include Allowances? High Court Affirms Supreme Court Precedent as Binding

Salary Assessment for Deceased in Motor Accident Claims Tribunal Awards—Clarification on Inclusion of Allowances, Application of Future Prospects, and Correct Multiplier. High Court Decision Follows, Applies, and Clarifies Supreme Court Law; Serves as Binding Authority for Subordinate Courts Summary Category Data Case Name FAO/4050/2010 of KRISHNA DEVI AND ORS. Vs SATBIR AND ANR. CNR […]

LawSikho
November 4, 2025
4 Mins Read
64 Views
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Does Lengthy Pre-Trial Detention, Doubtful Involvement, and Magisterial Nature Mandate Bail Under BNS Section 483?

The Punjab & Haryana High Court affirms that where the accused’s involvement is doubtful, pre-trial custody is prolonged, and the trial is magisterial in nature, regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is appropriate—despite allegations of prior cases—unless there is conclusive evidence or risk to justice. The judgment serves as […]

LawSikho
November 4, 2025
4 Mins Read
62 Views
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When Can Regular Bail Be Granted in Economic Offences Under Section 483 BNSS?—Clarification on the Role of Custody Period, Pending Magisterial Trial, and Doubtful Involvement

The High Court clarified that, in a magisterial trial for economic offences under Section 420 and 120-B IPC, an accused may be granted regular bail under Section 483 BNSS if there is prolonged custody, no examination of witnesses, and the petitioner’s specific involvement remains unclear—even where the prosecution alleges criminal antecedents. This judgment affirms established […]

LawSikho
November 4, 2025
5 Mins Read
70 Views
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Can High Courts Quash FIRs Under Section 306 IPC (Abetment of Suicide) Based on Compromise? Clarification of Inherent Powers Under Section 528 BNSS and Section 482 CrPC

Summary Category Data Case Name CRM-M/36468/2025 of HIMANSHU AHUJA AND OTHERS Vs STATE OF PUNJAB AND ANOTHER CNR PHHC011052612025 Date of Registration 10-07-2025 Decision Date 31-10-2025 Disposal Nature ALLOWED Judgment Author MRS. JUSTICE MANISHA BATRA Court High Court of Punjab and Haryana Precedent Value Binding on subordinate courts within Punjab and Haryana; persuasive elsewhere. […]

LawSikho
November 4, 2025
4 Mins Read
54 Views
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Is Deposit of Minimum 20% Compensation Mandatory for Suspension of Sentence in Cheque Dishonour Convictions? Punjab & Haryana High Court Reaffirms Discretion Under Section 148 NI Act

The court reaffirms that, following Supreme Court precedent, appellate courts must ordinarily mandate deposit of at least 20% of the compensation under Section 148 NI Act following conviction under Section 138, unless exceptional circumstances, supported by cogent material, are proved by the convict. This decision upholds existing precedent and serves as binding authority within Punjab […]

LawSikho
November 4, 2025
3 Mins Read
60 Views
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Is Additional Compensation for “Future Prospects” Mandatory in Motor Accident Claims if the Claimant in Government Service Suffers No Salary Loss? — Precedent Affirmed

The High Court of Punjab and Haryana affirms that where a government servant claimant suffers no loss of salary, no amount needs to be added toward “future prospects” in awarding motor accident compensation, thereby upholding settled precedent. This serves as binding authority within the State and persuasive authority elsewhere for similarly situated government employees. […]

LawSikho
November 4, 2025
6 Mins Read
59 Views
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Does a Subsequent Change in Compassionate Appointment Policy Bar Claims Arising Under the Previous Policy? – Binding Clarification on Retrospective Application and Administrative Duty

The Punjab & Haryana High Court has reaffirmed that, for ex-gratia/compassionate appointment, the policy in force when the cause of action (death/disability/retirement) arises prevails, and subsequent policy changes cannot retrospectively deprive applicants of accrued rights. This judgment strictly follows and applies Supreme Court and High Court precedents, thereby serving as binding authority for similar matters […]

LawSikho
November 4, 2025
3 Mins Read
62 Views
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When Can a Writ Petition Be Dismissed for Default Due to Non-Appearance?

The Calcutta High Court reaffirms that persistent non-appearance of the petitioner is sufficient ground to dismiss a writ petition for default. This outcome upholds established procedural law, confirming that courts need not adjudicate on merits if the petitioner fails to prosecute. The ruling is a reaffirmation of existing precedent and serves as binding authority within […]

LawSikho
November 4, 2025
7 Mins Read
88 Views
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Can Service as Gramin Dak Sevak (GDS) Be Counted for Pensionary Benefits upon Absorption as Regular Postal Employee? – Delhi High Court Reaffirms Supreme Court Precedent

Delhi High Court holds that periods spent as GDS cannot be counted towards qualifying service for pension under CCS (Pension) Rules, 1972, even upon subsequent absorption as regular Group ‘D’ or ‘C’ staff. Judgment affirms and applies binding Supreme Court precedent (Gandiba Behera) and is of binding precedential value for subordinate courts and CAT benches. […]