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

LawSikho
November 2, 2025
3 Mins Read
56 Views
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Does Completion of Investigation and Non-requirement for Custodial Interrogation Constitute Valid Grounds for Confirming Anticipatory Bail Under Section 482 of the BNSS?

The Court held that, where an accused has joined investigation and custodial interrogation is not required, anticipatory bail originally granted on an interim basis can be confirmed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This decision affirms established precedent regarding the exercise of bail jurisdiction, and is binding authority within the Punjab […]

LawSikho
November 2, 2025
2 Mins Read
60 Views
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Can a Petition under Section 482 CrPC for Quashing an FIR Be Maintained After a Subsequent Cancellation Report Is Filed by the Prosecution?

Where the prosecution submits a cancellation report after rejection of an earlier untraced report, petitions seeking quashing of the FIR under Section 482 CrPC may be rendered infructuous. This judgment upholds existing procedure, offering binding authority within the jurisdiction of the Punjab and Haryana High Court and clarifying the effect of subsequent investigative steps on […]

LawSikho
November 2, 2025
3 Mins Read
66 Views
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Does Relief Survive When Petitioners Are Already Relieved from Service During Writ Proceedings? Reaffirmation of Existing Principle on Infructuous Petitions

The court reiterated that writ petitions become infructuous if the core grievance ceases to exist during their pendency—for instance, when petitioners are already relieved from service. This judgment upholds existing precedent and is binding on subordinate courts within the jurisdiction of the Punjab & Haryana High Court, providing clear authority on disposal of infructuous petitions […]

LawSikho
November 2, 2025
4 Mins Read
72 Views
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Does Retirement from the Border Security Force (BSF) Confer “Ex-Serviceman” Status for Reservation in Haryana Government Jobs in the Absence of State Adoption of Central Instructions?

The High Court answers that, unless the Haryana Government expressly adopts Central Government instructions extending Ex-Serviceman status to retired BSF (or other CAPF) personnel, such individuals cannot claim reservation benefits meant for Defence Force Ex-Servicemen; the Court affirms current Haryana Government policy and confirms that courts cannot compel executive action of adoption. This judgment reaffirms […]

LawSikho
November 2, 2025
8 Mins Read
60 Views
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Can the Government Revise Fair Price Shop Regulations to Impose Age Limits, Renewal Fees, and Reduced Ration Tickets Despite Prior Orders or Doctrines of Legitimate Expectation and Promissory Estoppel?

The High Court has upheld new policy measures (S.O. 41 of 2023) revising fair price shop operations, including age ceilings, renewal fees, and ration ticket limits, clarifying that such executive policy changes override earlier assurances and are immune from challenge based on legitimate expectation or promissory estoppel when made in public interest. The ruling affirms […]

LawSikho
November 2, 2025
3 Mins Read
58 Views
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Does a Delay of Over a Decade in Seeking Compassionate Appointment Bar Relief When Application Is Rejected Strictly on Limitation?

The Himachal Pradesh High Court reiterates that departmental rules prescribing a limitation period for making applications for compassionate appointment are mandatory. Applications filed nearly eleven years after the employees death are barred and cannot be revived by fresh representations. This decision affirms existing precedent and is binding authority within the State. Summary Category Data […]

LawSikho
November 2, 2025
3 Mins Read
62 Views
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Does a Civil Court or Revenue Court Have Jurisdiction Over Suits for Cancellation of Gift Deeds Under Uttarakhand Law? — Precedent Affirmed

The High Court of Uttarakhand has reaffirmed that suits for cancellation of gift deeds are to be filed before the revenue court, not the civil court, upholding existing legal precedent and providing binding authority for subordinate courts dealing with land and property transfer disputes. Summary Category Data Case Name WPMS/1649/2023 of SHRI VARUN Vs […]

LawSikho
November 2, 2025
4 Mins Read
70 Views
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Does an Insurance Company Have a ‘Pay and Recover’ Liability for Accidents Involving Uninsured Vehicles? Precedent Reaffirmed by Uttarakhand High Court

The High Court of Uttarakhand has reaffirmed that, in line with Supreme Court authority, Insurance Companies may be compelled to compensate third-party victims under the “pay and recover” principle even when the vehicle was not effectively insured on the date of the accident, with subsequent rights to recover from the vehicle’s owner. This judgment upholds, […]

LawSikho
November 2, 2025
4 Mins Read
62 Views
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When Can Anticipatory Bail Be Denied on the Ground of Secret Information Implicating the Petitioner Under the Arms Act? — Precedent Affirmed on Importance of Custodial Interrogation

Anticipatory bail may be refused when the petitioner is specifically named in secret information, is the alleged supplier of recovered arms, and custodial interrogation is deemed necessary for a fair and effective investigation, thereby reaffirming existing principles regarding the limited scope of pre-arrest bail in serious arms offences under the Arms Act, 1959. This judgment […]

LawSikho
November 2, 2025
2 Mins Read
62 Views
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Can a Writ Court Relax Rules for Compassionate Appointment ex debito justitiae? — Reaffirmation of Jurisdictional Limits

Punjab & Haryana High Court dismisses writ petition seeking relaxation of policy/rules for compassionate appointment, reiterates that withdrawal of such petition with liberty does not amount to adjudication on merits. The decision upholds established precedent, reinforcing limits on issuance of extraordinary writs for relaxing recruitment rules in service matters. Summary Category Data Case Name […]

LawSikho
November 2, 2025
5 Mins Read
56 Views
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When Can Appellate Courts Modify the Quantum of Sentence to Period Already Undergone in Prolonged Trials Without Interfering With Conviction?

The court held that where the right to speedy trial is impacted and the accused have suffered protracted prosecution, appellate courts may reduce sentences to the period already undergone—provided conviction is not challenged on merits. This decision affirms and follows established precedent of the Supreme Court, reinforcing the role of judicial discretion in sentencing in […]

LawSikho
November 2, 2025
4 Mins Read
58 Views
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Can Anticipatory Bail Be Granted Under Section 482 BNSS When a Similarly Situated Co-Accused Has Already Been Granted Bail and the Petitioner Has Joined Investigation?

The court answered that anticipatory bail may be granted under Section 482 BNSS to an accused who has joined investigation and is similarly situated to a co-accused already granted such bail, unless specific roles or injuries are directly attributed, or the State demonstrates compelling grounds for denial. This judgment applies established law, reinforcing the importance […]