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

LawSikho
November 2, 2025
3 Mins Read
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Does Article 227 Permit Setting Aside Subordinate Court Orders When the Underlying Application Is Voluntarily Withdrawn? — Clarification of High Court’s Supervisory Power

The High Court clarified that it may set aside an order of a subordinate court allowing additional evidence if the applicant voluntarily withdraws the underlying application; this judgment reaffirms existing practice and provides binding authority for similar procedural situations in civil litigation under Article 227. Summary Category Data Case Name CR/3103/2025 of MANOJ KUMAR […]

LawSikho
November 2, 2025
3 Mins Read
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Does Withdrawal of an Application for Additional Evidence by the Plaintiff Require the Court to Set Aside Prior Orders Allowing It?

When a plaintiff withdraws an application for additional evidence, any order permitting such evidence may be set aside, allowing the main suit to proceed unencumbered. This judgment affirms the court’s discretion to allow such withdrawal under Article 227, without creating new law, and is binding as authority within the Punjab and Haryana High Court’s territorial […]

LawSikho
November 2, 2025
2 Mins Read
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Can a High Court Dispose of a Civil Revision Petition With Liberty to Revive, When the Petitioner Repeatedly Seeks Adjournments? – Precedent for Disposing Inactive Petitions Under Article 227

The High Court clarified that where a petitioner repeatedly seeks adjournments and expresses inability to argue, the Court may dispose of the civil revision petition with liberty to revive it upon readiness. This approach upholds existing principles of procedural fairness and docket management, establishing binding precedent for all subordinate courts in Punjab & Haryana. […]

LawSikho
November 2, 2025
3 Mins Read
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Can a Party Withdraw a Revision Petition With Liberty to File Fresh Objections Against an Attachment Order Under Article 227?

The High Court affirmed a party’s right to withdraw a revision petition under Article 227, granting explicit liberty to file objections against an attachment order, and clarified that no opinion on the merits has been expressed. The court’s clear procedural direction preserves parties’ rights for future proceedings and stands as binding authority within its territorial […]

LawSikho
November 2, 2025
4 Mins Read
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Does Settlement of Disputes at Mediation Centres Entitle Parties to Refund of Court Fees Under Section 89 CPC?

Clarification Following Supreme Court Precedent: Liberal Interpretation for Refund of Court Fees in All Legally Valid Out-of-Court Settlements Summary Category Data Case Name RSA/72/2022 of M/S S.D. STORES AND ANR Vs J A MARKETING PRIVATE LIMITED CNR PHHC010223002021 Date of Registration 10-01-2022 Decision Date 30-10-2025 Disposal Nature DISPOSED OF Judgment Author MR. JUSTICE PANKAJ […]

LawSikho
November 2, 2025
3 Mins Read
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Does Non-Appearance of Appellants Justify Dismissal of a Second Appeal for Non-Prosecution?

The High Court reiterates that appellate courts may dismiss a regular second appeal at the preliminary stage for non-prosecution if appellants repeatedly fail to appear; upholds established judicial practice and serves as binding precedent for subordinate courts in civil matters. Summary Category Data Case Name RSA/3469/2023 of ST JOSEPH’S INTERNATIONAL SCHOOL AND OTHERS Vs […]

LawSikho
November 2, 2025
2 Mins Read
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Does Non-Prosecution in Second Appeals before the High Court Lead to Dismissal for Want of Prosecution? Precedent Reaffirmed on Appellants’ Duty to Diligently Pursue Their Appeals

Where appellants do not appear or comply with cost orders, the High Court may dismiss the second appeal for non-prosecution—reaffirming existing procedural law. Establishes binding precedent for the dismissal of non-diligently prosecuted appeals in all matters before the Punjab and Haryana High Court. Summary Category Data Case Name RSA/170/2024 of ANIL MEHTA AND OTHERS […]

LawSikho
November 2, 2025
3 Mins Read
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Does the Termination of Employment of a Spouse Render Transfer Challenges Based on ‘Couple Case’ Grounds Infructuous?

Where a government employee’s challenge to transfer is premised on ‘couple case’ status, termination of the spouse’s employment renders such challenge infructuous—Punjab & Haryana High Court affirms existing approach; binding authority for service matters arising from changed circumstances post-filing. Summary Category Data Case Name CWP/14779/2024 of SACHIN KUMAR Vs UNION OF INDIA AND OTHERS […]

LawSikho
November 2, 2025
3 Mins Read
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Does Parity With a Co-Accused Granted Bail Warrant Bail for Similarly Placed Accused in Serious Offences? — Precedent Upheld by Uttarakhand High Court

The High Court of Uttarakhand reaffirmed that if a co-accused with a similar role has already been granted bail, then the principle of parity requires bail to be granted to the applicant as well, even in serious offences such as those under Sections 302, 307, and 34 IPC. This clarification upholds existing bail jurisprudence and […]

LawSikho
November 2, 2025
2 Mins Read
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Can a Writ Petition Challenging a Transfer Order Continue After the Order is Cancelled?

When an impugned transfer order is cancelled during the pendency of a writ petition, the Court holds the petition becomes infructuous and dismisses it accordingly; this approach upheld existing procedural precedent and will guide future handling of such petitions in government service matters. Summary Category Data Case Name WPSS/1138/2023 of GEETA RAUTELA Vs STATE […]

LawSikho
November 2, 2025
2 Mins Read
58 Views
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Does Withdrawal of a Writ Petition Leave the Underlying Legal Questions Open for Future Adjudication?

The court permitted the petitioner to withdraw the writ petition before any adjudication on merits, thus leaving all substantive legal issues open for future consideration; the judgment does not create new law or disturb precedent and does not have precedential value on any legal principle for transfer or service matters in the education sector. […]

LawSikho
November 2, 2025
3 Mins Read
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Does Parity in Role with a Co-Accused Entitle an Accused to Bail When the Co-Accused Has Already Been Granted Bail? — Uttarakhand High Court Upholds Existing Precedent

The court reaffirmed the principle that where a co-accused with a similar role has been granted bail, the remaining accused is also entitled to bail, subject to the satisfaction of the court. This decision upholds established precedent and serves as a binding authority for subordinate courts, especially in cases involving analogous factual circumstances under the […]