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

LawSikho
November 2, 2025
5 Mins Read
92 Views
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Can a Sub-Registrar Lawfully Refuse to Register a Sale Deed of Undivided Joint Property in Absence of Co-Sharers’ Consent? – Orissa High Court Affirms Statutory Position and Mandates Written Reasons for Refusal

The Orissa High Court reaffirms that a Sub-Registrar cannot orally refuse to receive a sale deed for registration, even if executed by a co-sharer of joint property without other co-sharers’ consent; the official must either register the document or provide written reasons for refusal in accordance with the Registration Act, 1908, and the Orissa Registration […]

LawSikho
November 2, 2025
4 Mins Read
56 Views
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Can Sentences Under Sections 450 and 304 Part II IPC Be Reduced to Period Undergone on Consideration of Time Already Served and Good Conduct in Custody?

The High Court of Tripura holds that in the absence of adverse conduct during custody and after significant period served, sentences imposed under Sections 450 and 304 Part II of the Indian Penal Code (IPC) may be modified to the period already undergone; reaffirms the court’s discretion in moulding sentences based on record and conduct. […]

LawSikho
November 2, 2025
4 Mins Read
62 Views
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Does Payment to One Partner Discharge Liability Under Section 138 NI Act When Cheque Issued to Another? Clarification on Rebuttal of Presumptions and Payment by/To Partners in Criminal Appeals Against Acquittal

The Himachal Pradesh High Court clarified that, on facts, payment to one partner can discharge the accused’s liability under Section 138 of the NI Act, even if the cheque was issued to the other. The judgment strictly applies the well-settled standards for appellate interference with acquittal and affirms existing Supreme Court precedent; it is binding […]

LawSikho
November 2, 2025
5 Mins Read
68 Views
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Does Moratorium under Sections 14 and 101 of IBC Stay Section 138 NI Act Proceedings Against Directors and Guarantors?—Precedent Upheld

Clarifies that the moratorium under IBC stays criminal proceedings under Section 138 NI Act only against the corporate debtor and not against natural persons such as directors or guarantors; upholds Supreme Court and recent larger bench pronouncements; affirms binding authority for all subordinate courts. Summary Category Data Case Name CRMMO/1108/2024 of M/S RAM HARI […]

LawSikho
November 2, 2025
6 Mins Read
62 Views
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Does Payment to One Partner Constitute Discharge of Liability Under Section 138 NI Act When Cheque Is Issued to Another Partner? — Reaffirmation of Existing Legal Principles on Rebuttal of Presumption in Cheque Dishonour Cases

The Himachal Pradesh High Court reaffirmed that in cases under Section 138 of the Negotiable Instruments Act, payment made to one partner in respect of a partnership’s work constitutes discharge of liability, even if the cheque is issued to another partner. The Court held that the presumption under Sections 118(a) and 139 of the NI […]

LawSikho
November 2, 2025
3 Mins Read
76 Views
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Can an Objection of Non-Joinder of Necessary Parties Be Raised at the Stage of Final Arguments? — Reaffirmation of Waiver Under Order 1 Rule 13 CPC

The Himachal Pradesh High Court reiterated that objections regarding non-joinder or mis-joinder of parties must be raised at the earliest opportunity, and, if not raised before or at the time of settlement of issues, are deemed to be waived. The decision affirms the established interpretation of Order 1 Rule 13 CPC and is binding within […]

LawSikho
November 2, 2025
3 Mins Read
90 Views
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Can High Courts Interfere Under Article 227 in Consolidation Revision Orders Absent Manifest Error or Perversity? – Reaffirming the Limited Scope of Supervisory Jurisdiction

The Uttarakhand High Court has reaffirmed that its powers under Article 227 of the Constitution are confined to correcting manifest errors of law or perversity in subordinate orders, and that routine or factual findings by consolidation authorities do not justify interference. This judgment upholds established precedent and serves as binding authority for matters arising under […]

LawSikho
November 2, 2025
5 Mins Read
64 Views
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When a Subsequent Purchaser Seeks Injunction Over Disputed Property: Does Pendency of Title Suit Bar Interim Protection? (Clarification Upholding Existing Principles; Precedential Direction for Expeditious Disposal in Senior Citizens’ Property Suits)

The Uttarakhand High Court clarifies that while granting injunction to a subsequent purchaser in suits where the root of title is challenged, courts must prioritize expeditious disposal, especially when the plaintiff is a senior citizen; existing precedent is upheld, with emphasis on procedural fairness and timely adjudication. The decision serves as binding authority within Uttarakhand […]

LawSikho
November 2, 2025
3 Mins Read
68 Views
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When Can an Insurer Be Directed to “Pay and Recover” Third-Party Motor Accident Compensation Despite Lapse of Insurance? – Binding Authority on the Robust Application of Section 149, Motor Vehicles Act

The High Court of Uttarakhand has unequivocally reaffirmed that even if a vehicle was not insured on the date of accident, the insurer may still be required to pay compensation to a third-party victim under the “pay and recover” principle, in line with Supreme Court precedent. This holding upholds existing law and is binding on […]

LawSikho
November 2, 2025
4 Mins Read
66 Views
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Can Government Regularization Orders Be Circumvented by Recasting Them as “Fresh Appointments”? — Orissa High Court Reasserts Mandamus Enforcement and Consequential Service Benefits

The Orissa High Court held that a government authority cannot nullify a judicial direction for regularization by issuing an order of “fresh appointment” instead, and must give full consequential service benefits from the date of the mandamus. This judgment upholds existing precedent on the binding effect of judicial regularization orders, reinforces Article 14 protection against […]

LawSikho
November 2, 2025
3 Mins Read
50 Views
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Does a Compromise After Registration, but Before Notice of Motion, Permit Withdrawal of a Regular Second Appeal? — Precedent on Voluntary Settlement and Judicial Disposition

A High Court bench has clarified that a regular second appeal may be withdrawn with consent of all parties when the matter is settled through compromise before notice of motion is issued; this precedent affirms existing procedural law and provides practical guidance for civil appellate practitioners. Summary Category Data Case Name RSA/3670/2023 of KRISHNA […]

LawSikho
November 2, 2025
5 Mins Read
68 Views
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Whether Grant of Anticipatory Bail Can Be Confirmed When the Accused is Implicated Solely on a Co-Accused’s Disclosure and Has Joined Investigation?

The judgment reaffirms that when an accused person, implicated only on the basis of a co-accused’s disclosure statement, has duly joined investigation and no recovery has been made from them, interim anticipatory bail may be confirmed, with standard conditions under Section 482(2) BNSS (formerly Section 438(2) CrPC). This approach follows existing precedent and is binding […]