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

LawSikho
November 2, 2025
4 Mins Read
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Does Section 371 of the Indian Succession Act, 1925, Confer Territorial Jurisdiction for Succession Certificates at the Deceased’s Ordinary Residence or Property Location? — Jharkhand High Court Clarifies and Reaffirms Law

The High Court of Jharkhand reaffirms that, under Section 371 of the Indian Succession Act, 1925, jurisdiction to grant a succession certificate vests in the District Judge where the deceased ordinarily resided at the time of death, or where any part of the deceased’s property is located. The Court sets aside the earlier decision dismissing […]

LawSikho
November 2, 2025
5 Mins Read
66 Views
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Can Conviction Under Section 302/149 IPC Stand When Primary Witnesses Are Hearsay and Forensic Corroboration Is Absent?

The Jharkhand High Court has re-affirmed that conviction for murder under Sections 302/149 of the IPC cannot be sustained solely on the basis of hearsay or inconsistent testimonies from closely related witnesses, in the absence of corroborative forensic or independent evidence. The judgment upholds the requirement of comprehensive and cogent evidence for conviction in heinous […]

LawSikho
November 2, 2025
3 Mins Read
68 Views
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Does Compliance With Government Pay Scale Notifications in Execution Petitions Render Claims Infructuous?

The Himachal Pradesh High Court holds that when all notional and financial benefits, including regularization and pay fixation, are granted in accordance with Government Notification dated 15.12.2011, execution petitions for enforcement of such benefits become infructuous. The judgment affirms established practice and serves as binding precedent for subordinate courts, especially in service jurisprudence relating to […]

LawSikho
November 2, 2025
2 Mins Read
68 Views
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Does Withdrawal of a Writ Petition by the Petitioner (Post-Relief) Constitute a Judicial Determination on Merits?

Where a writ petitioner seeks withdrawal based on receipt of relief (compensation), the High Court’s order of dismissal as withdrawn does not decide any legal question or set legal precedent. Such an order, containing no judicial examination of the issues, neither overrules nor affirms existing law, and serves no binding or persuasive value for future […]

LawSikho
November 2, 2025
4 Mins Read
68 Views
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Does Prolonged Delay in Criminal Trial Justify Leniency in Quantum of Sentence?

Clarification on Sentencing Discretion under Sections 399/402 IPC: Modification of Sentence Considering Delay and Reformative Purposes — Binding Authority Explained Summary Category Data Case Name CRA-S/424/2010 of ANIL KUMAR Vs STATE OF HARYANA CNR PHHC010151772010 Date of Registration 16-02-2010 Decision Date 30-10-2025 Disposal Nature DISPOSED OF Judgment Author MR. JUSTICE H.S. GREWAL Court High […]

LawSikho
November 2, 2025
5 Mins Read
66 Views
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Does a Partition Decree Require the Joinder of All Co-Sharers? Reaffirming the Legal Necessity for Proper Parties in Partition Suits (Binding Authority – Punjab & Haryana High Court)

The judgment affirms that a partition decree cannot be validly passed without impleading all necessary co-sharers as defendants, and strict proof of a Will is required to exclude legal heirs; this ruling upholds settled law and serves as binding authority for all subordinate courts within the jurisdiction. Summary Category Data Case Name RSA/4308/1999 of […]

LawSikho
November 2, 2025
4 Mins Read
66 Views
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When Can Appellate Courts Set Aside Murder Convictions Due to Unreliable Eyewitness Testimony and Lack of Corroboration?

The High Court clarified that, where the entire prosecution evidence consists mainly of hearsay witnesses or is marred by contradictions, lack of corroborative forensic evidence, and absence of proven motive, the conviction for murder under Sections 302/149 IPC cannot be sustained. The court set aside the conviction, reaffirming and applying existing evidentiary principles for criminal […]

LawSikho
November 2, 2025
4 Mins Read
75 Views
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Can Compliance in Execution Petitions Be Recognized Where Subsequent Notification-based Benefits Have Been Conferred?

The High Court of Himachal Pradesh held that where authorities have conferred notional and financial benefits and regularized services in accordance with an applicable government notification, pending execution petitions are rendered infructuous and can be disposed of with directions for disbursement within a specified period. This decision upholds settled administrative law principles in public service/municipal […]

LawSikho
November 2, 2025
3 Mins Read
64 Views
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When Can High Courts Interfere with Lower Courts’ Convictions under Section 138 NI Act? Clarifying the Limited Scope of Revisional Jurisdiction

The Uttarakhand High Court reaffirms that High Courts should not interfere with concurrent findings of fact by lower courts in Section 138 NI Act cases unless a manifest illegality, perversity, or irregularity is shown, thereby upholding existing precedent and providing binding guidance for future revisions under criminal law. Summary Category Data Case Name CRLR/389/2022 […]

LawSikho
November 2, 2025
3 Mins Read
64 Views
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Does Withdrawal of a Petition After Substantial Hearing Justify Imposition of Costs? Reaffirmation of Court’s Discretion to Deter Frivolous or Dilatory Conduct in Exercise of Inherent Powers—Order is Binding; No New Precedent Created

The High Court of Punjab and Haryana reiterates its discretion to impose costs when a petition is withdrawn after engaging significant judicial time, particularly under its inherent powers. This is a reaffirmation of settled principles that aim to prevent the misuse of judicial process. The order follows precedent and is binding within the jurisdiction for […]

LawSikho
November 2, 2025
3 Mins Read
68 Views
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Can Regular Bail Be Granted Under NDPS Act When Trial Is at Its Fag End and Defence Evidence Remains Incomplete? Clarifies When Judicial Discretion to Grant Bail May Be Withheld Under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for NDPS Cases at Advanced Trial Stages; Retains Existing Precedent—Binding Authority for Subordinate Courts

Affirms that, in NDPS cases involving serious offences, regular bail may be declined when the trial is nearing completion and the accused has already availed opportunities to lead defence evidence; upholds prevailing practice, provides clear guidance for similar circumstances. Stands as binding precedent for subordinate courts in Punjab & Haryana and persuasive elsewhere. Summary […]

LawSikho
November 2, 2025
4 Mins Read
68 Views
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Does Extended Pre-Trial Detention Violate Article 21 Where Trial Is Delayed? — Bail as a Rule, Jail as Exception Reaffirmed by High Court

The High Court has reaffirmed that further detention of an undertrial accused, when the trial is unduly delayed and key investigation stages are complete, transgresses Article 21 rights, even in cases involving serious offences. The decision follows Supreme Court precedent, maintains established law on bail principles, and serves as binding authority for subordinate courts in […]