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

LawSikho
November 2, 2025
3 Mins Read
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Can Bail Be Granted to an Accused in a Murder Case Solely on the Ground of Parity with a Co-Accused Who Has Been Granted Bail? — Precedent from the Uttarakhand High Court

Court holds that when a co-accused has been released on bail under similar circumstances, and the applicant has undergone comparable period of incarceration, bail may be allowed on grounds of parity, along with consideration of length of custody. This precedent clarifies the approach for bail applications involving multiple accused under similar factual circumstances. Binding precedent […]

LawSikho
November 2, 2025
4 Mins Read
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Does Previous Conviction and Multiple Similar Offences Justify Rejection of Bail under Section 483 BNSS?

The High Court has reiterated that, where the accused is involved in multiple similar offences and has prior convictions, bail can be denied even if trial is likely to be delayed; such apprehensions of absconding or committing further similar offences are valid considerations at the interim stage. This decision upholds established principles and acts as […]

LawSikho
November 2, 2025
4 Mins Read
64 Views
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Does the Pendency of a Supreme Court SLP and Grant of Status Quo Preclude Contempt Proceedings for Alleged Disobedience of a High Court Order?

The Punjab & Haryana High Court reaffirmed that when the Supreme Court issues a status quo order regarding the subject matter of a High Court direction being challenged before it, fresh contempt proceedings before the High Court are not maintainable at that stage. The ruling follows and applies established law and will guide similar matters […]

LawSikho
November 2, 2025
4 Mins Read
64 Views
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Can an Income Tax Appeal Be Dismissed for Non-Availability of Records Due to File Destruction?

Where case records have been irretrievably lost due to circumstances such as fire, and parties are unable to reconstruct the same despite being given opportunities, the appeal may be dismissed with liberty to restore if cause survives. This approach upholds procedural propriety and is a binding precedent for similar situations within the territorial jurisdiction of […]

LawSikho
November 2, 2025
5 Mins Read
60 Views
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Does Discharge of a Police Probationer on Grounds of Suspected Bogus Credentials Require a Departmental Inquiry? Clarification on Stigmatic Orders and Service Law Principles

The Punjab and Haryana High Court upholds that a probationer may be discharged without departmental inquiry under Rule 12.21 of the Punjab Police Rules, even when the order contains stigmatic language, if adverse verification is not conclusively disproved. The judgment reaffirms existing service law precedent and is binding within the State of Haryana’s police service […]

LawSikho
November 2, 2025
4 Mins Read
88 Views
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Can a Plaint Seeking Specific Performance Be Rejected at the Threshold under Order VII Rule 11 CPC Based Solely on Allegations of Benami Nature and Absence of Pleading Readiness/Willingness?

Clarification on the Scope of Judicial Review under Order VII Rule 11 CPC by the High Court of Punjab and Haryana Summary Category Data Case Name CR/6065/2025 of KAWARJIT AND ANOTHER Vs ALISHA MALIK AND ANOTHER CNR PHHC011389052025 Date of Registration 01-09-2025 Decision Date 30-10-2025 Disposal Nature DISMISSED Judgment Author MS. JUSTICE MANDEEP PANNU […]

LawSikho
November 2, 2025
4 Mins Read
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When Can Anticipatory Bail Be Confirmed After Joining Investigation if the Accusation is Based Solely on a Co-Accused’s Disclosure Statement Under NDPS?

The High Court held that when an accused is sought to be implicated in a Narcotic Drugs and Psychotropic Substances (NDPS) Act case solely on the basis of a co-accused’s disclosure statement, and has duly joined investigation, confirmation of anticipatory bail is justified, provided custodial interrogation is not required. This judgment follows and applies existing […]

LawSikho
November 2, 2025
2 Mins Read
70 Views
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Does the High Court’s Dismissal of a Writ Petition for Non-Prosecution Establish Any Substantive Legal Principle or Precedent?

When a writ petition is dismissed solely due to the petitioner’s failure to prosecute, no new legal principle is created or clarified, and such dismissal does not carry precedential value on the substantive issues originally raised. The decision does not overrule or affirm any existing precedent and is limited to the procedural fact of non-prosecution. […]

LawSikho
November 2, 2025
4 Mins Read
70 Views
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Does Prolonged Pre-Trial Detention Warrant Bail Even in Serious Offences? Punjab & Haryana High Court Affirms the Primacy of Article 21 and Speedy Trial—Guidance on Bail under BNS, 2023

The Court held that inordinate undertrial detention, even in serious non-bailable offences, necessitates bail when trial is unreasonably delayed and fundamental rights under Article 21 are infringed. Citing the Supreme Court, the judgment reinforces that seriousness of offence alone should not defeat bail if the right to speedy trial is being violated. This decision has […]

LawSikho
November 2, 2025
4 Mins Read
66 Views
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When Can Execution Proceedings Be Stayed Subject to Payment Terms in a Decree—Consensus-Driven Settlement and Lifting of Attachment Under Article 227: Precedent Value of Consent Orders in Execution Matters

The Punjab and Haryana High Court held that execution proceedings—including auction of an attached property—may be stayed and then fully disposed of based upon a consensus between the judgment debtor and decree holder, with detailed payment terms recorded as part of the order. This judgment clarifies the court’s approach to consent orders in execution matters […]

LawSikho
November 2, 2025
3 Mins Read
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Can Execution Proceedings Under Article 227 Be Settled Through a Compromise During Challenge to Attachment Orders? — Reaffirmation of Existing Law on Settlement in Execution Petitions

Settlement between judgment debtor and decree holder before the High Court is permitted and, upon consensus, the High Court may modify execution schedules and set aside attachment orders subject to terms. The judgment reaffirms and applies established principles regarding consensual resolution and the High Court’s supervisory powers; binding on subordinate courts within the Punjab and […]

LawSikho
November 2, 2025
4 Mins Read
66 Views
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Can the High Court Direct Publication of Supplementary / Revised Results for Teacher Recruitment When a Division Bench Has Set Aside Such Relief?

The Patna High Court has dismissed writ petitions seeking direction for publication of supplementary/revised results in teacher recruitment, holding itself bound by a Division Bench’s decision that set aside an earlier similar relief. This judgment affirms and enforces the binding nature of precedent set by coordinate jurisdiction within the same High Court for public employment […]