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

LawSikho
November 4, 2025
7 Mins Read
68 Views
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Can Senior Reserved Category Employees Be Barred from Competing for Unreserved Promotions Solely Due to Their Category—Despite Greater Seniority and Merit?

The Orissa High Court has clarified that, under the “merit-cum-suitability with due regard to seniority” rule, reserved category employees cannot be excluded from promotion to unreserved posts solely on account of their category. Such exclusion violates both Rule-11 of the Orissa District Revenue Service (Method of Recruitment and Conditions of Service) Rules, 1983, and constitutional […]

LawSikho
November 4, 2025
3 Mins Read
80 Views
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Does the High Court’s Summary Disposition Without Recording Reasons Uphold Precedent on Judicial Transparency?

The High Court clarified that summary disposal of writ appeals without recording reasons does not align with settled jurisprudence on judicial transparency and accountability. The judgment reaffirms and follows binding precedents, serving as strong authority on the obligation to provide reasoned orders in appellate decisions; it applies across civil and administrative adjudications before the Telangana […]

LawSikho
November 4, 2025
3 Mins Read
76 Views
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Does Non-Compliance With a Statutory Prescribed Proforma Render an Application Invalid? Calcutta High Court Upholds Strict Adherence to Procedural Requirements as Binding Authority

Applications under statutory rules must strictly comply with the prescribed proforma; failure to do so prevents consideration of the application. Calcutta High Court affirms existing precedent (Tanushri Karmakar v. State of West Bengal & Ors.), providing binding clarity on procedural compliance for all subordinate courts in West Bengal, particularly affecting administrative and government transfer matters. […]

LawSikho
November 4, 2025
3 Mins Read
66 Views
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Does Compliance With a “Reasoned Order” Direction in a Writ Result in Purging Contempt, Regardless of the Outcome? – Precedential Value of High Court’s Approach

The Court clarified that once the authority passes a “speaking order” as directed in a writ, contempt proceedings stand closed regardless of the petitioner’s satisfaction with the order’s substance. This judgment affirms settled precedent and serves as binding authority for contempt matters in relation to compliance with writ directions for “reasoned orders.” Summary Category […]

LawSikho
November 4, 2025
2 Mins Read
66 Views
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Can a High Court Decide Substantive Legal Questions When a Writ Petition is Dismissed for Non-Prosecution?

A writ petition that is not pursued by the petitioner and dismissed for non-prosecution will not result in a reasoned adjudication of substantive legal issues; dismissal stands as procedural without precedential value on merits. Case exemplifies strict adherence to procedural discipline in writ jurisdiction and is a reaffirmation, not a departure, from established precedent. […]

LawSikho
November 4, 2025
2 Mins Read
70 Views
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When Can High Courts Dispose of Appeals Without Costs? Clarification on Cost Orders in Appellate Proceedings

The High Court for State of Telangana clarifies the exercise of discretion in awarding or dispensing with costs when disposing of writ appeals. The judgment upholds existing precedent, confirming that orders for “no costs” may be made as appropriate to the facts. This outcome provides clear guidance for subordinate courts and practitioners regarding the non-mandatory […]

LawSikho
November 4, 2025
4 Mins Read
74 Views
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Can a Resident Be Objected to Laying a Sewerage Connection Through a Neighbour’s Property When Exercising Statutory Rights Under the Himachal Pradesh Municipal Corporation Act? — Precedent Clarifies Entitlement and Limits of Rights

The Himachal Pradesh High Court affirms that, while an individual has no right to connect to another’s private sewerage line, they are legally entitled to connect their own line to the Municipal Corporation’s main sewerage line, and neighbours cannot obstruct the lawful laying of such connection, even if it traverses their property as permitted under […]

LawSikho
November 4, 2025
6 Mins Read
72 Views
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Can a Complaint under Section 138 NI Act Be Dismissed as Premature When There is No Proof of Service Date of Statutory Notice and the Complainant Fails to Prove Financial Capacity?

The Himachal Pradesh High Court reaffirms that, in the absence of proof of the date of service of the statutory notice under Section 138 NI Act, courts must presume service after 30 days of dispatch, and any complaint filed before expiry of 15 days from the deemed date is premature and must be dismissed. The […]

LawSikho
November 4, 2025
4 Mins Read
68 Views
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When Is Remand Appropriate? Calcutta High Court Upholds Binding Nature of Prior Division Bench Precedent for Similar Matters

The High Court reaffirms that, where a question is already settled by an earlier Division Bench judgment, subsequent cases on similar facts are bound to follow that precedent and may be remanded for fresh consideration in accordance with it. This judgment upholds existing law and serves as binding authority for lower forums handling analogous issues. […]

LawSikho
November 4, 2025
6 Mins Read
82 Views
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When Is Bail Unwarranted in Large-Scale Economic Offence Cases Involving Public Funds? Orissa High Court Reaffirms and Applies Restrictive Bail Parameters, Giving Priority to Societal Interest Over Individual Liberty

The court held that in cases of extensive financial fraud affecting public interest and involving misappropriation of funds intended for public benefit, bail should be refused where prima facie material establishes the accused’s involvement, especially when there is risk of witness influence and criminal antecedents. This decision follows and applies Supreme Court precedents, significantly reinforcing […]

LawSikho
November 4, 2025
5 Mins Read
64 Views
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Is a Taxpayer Entitled to an Effective Opportunity of Hearing under WBGST Act When Dates for Reply and Hearing in Show Cause Notices Are Confusing or Contradictory?

The Calcutta High Court clarifies that taxpayers facing adverse proceedings under the WBGST Act must be given a meaningful, not merely formal, opportunity to reply and be heard, especially when procedural discrepancies exist in statutory notices. The Court affirms established precedent requiring real and effective hearings before adverse fiscal orders, binding on subordinate courts in […]

LawSikho
November 4, 2025
3 Mins Read
86 Views
0 Comments

Can Accused in Job Scam Cases Involving IPC Fraud and IT Act Offences Secure Bail Pending Expeditious Trial? Reaffirmation of Stringent Judicial Approach

The Jharkhand High Court has reaffirmed that serious allegations of job scam–related fraud under the IPC and IT Act warrant denial of bail where a prompt trial is expected. The judgment maintains existing precedent, confirming that bail may be refused in economic offences with ongoing trial progress, serving as binding authority for similar cases involving […]