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

LawSikho
November 2, 2025
5 Mins Read
60 Views
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Reaffirmation of Supreme Court Precedent Grants Continued Relief to Third-Party Victims—Binding Authority for Motor Accident Tribunals

The High Court of Uttarakhand upholds the settled “pay and recover” principle, directing insurers to compensate third-party accident victims even when the offending vehicle lacked a valid insurance policy at the time of the accident, with right to recover from the vehicle owner—reaffirming Supreme Court authority and confirming continuing protection for third-party claimants before motor […]

LawSikho
November 2, 2025
3 Mins Read
64 Views
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When Can Regular Bail Be Denied Under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in NDPS Cases When Trial Is at an Advanced Stage? – Precedent Followed

The court reaffirmed that regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in offences under the NDPS Act should not be granted when the trial is at an advanced stage and most prosecution witnesses have been examined. The judgment upholds existing legal precedent and serves as binding authority for subordinate courts […]

LawSikho
November 2, 2025
4 Mins Read
66 Views
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When Will Appellate Courts Condone Delay in Filing Appeals Under the Limitation Act? Precedent Affirmed on Strict Requirement for Sufficient Cause

The High Court reaffirms that delays in filing appeals will not be condoned without satisfactory evidence of sufficient cause. Unsupported medical excuses are insufficient. This judgment upholds existing precedent and strengthens judicial scrutiny of limitation condonation applications in civil matters, binding subordinate courts within the jurisdiction. Summary Category Data Case Name RSA/1693/2025 of JAMIL […]

LawSikho
November 2, 2025
5 Mins Read
74 Views
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Can Pendency of Another Criminal Case Be the Sole Ground for Denial of Parole to an NDPS Act Convict? – Affirming Entitlement to Parole Despite Pending Cases

Punjab & Haryana High Court clarifies that mere pendency of another criminal case, including under the NDPS Act, is not a valid ground by itself to refuse parole. Upholds earlier coordinate bench rulings; serves as binding authority within the Punjab & Haryana High Court for parole and furlough cases to convicted prisoners facing multiple prosecutions. […]

LawSikho
November 2, 2025
4 Mins Read
70 Views
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Can Anticipatory Bail Be Granted in SC/ST Act Offences When Prima Facie ‘Public View’ Requirement Is Not Clearly Met? – High Court Clarifies Law on Section 18 Bar

Anticipatory bail can be considered where the record does not clearly establish the offence was committed ‘within public view’ as required under the SC/ST Act; Court reiterates that Section 18 bar will not apply in absence of prima facie material. Decision upholds and applies existing Supreme Court precedent, reaffirming its binding authority for subordinate courts […]

LawSikho
November 2, 2025
4 Mins Read
86 Views
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Does Prolonged Delay in Criminal Trials Justify Reduction of Sentence to Period Already Undergone?—Upholding Judicial Discretion Over Quantum of Sentence

The High Court clarifies that courts may reduce the quantum of sentence to the period already undergone by the accused when there is extraordinary delay in prosecution, reinforcing judicial discretion as recognized in established Supreme Court precedents. The decision affirms existing law and serves as binding authority within the jurisdiction for cases involving inordinate trial […]

LawSikho
November 2, 2025
2 Mins Read
60 Views
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What is the Effect When a Second Appeal is Dismissed for Want of Prosecution? Does Such Dismissal Operate as a Binding Precedent?

A second appeal was dismissed by the High Court for non-prosecution without adjudicating upon the merits. This maintains the status of binding authority only for similar procedural scenarios, without creating new law or overruling existing jurisprudence. Summary Category Data Case Name RSA/2225/2001 of ANANT RAM Vs SAGLI RAM CNR PHHC010524072001 Date of Registration 06-07-2001 […]

LawSikho
November 2, 2025
2 Mins Read
60 Views
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What Are the Legal Consequences of Dismissal of Appeals Due to Death of Sole Appellant Without Substitution?

Appeals stand dismissed for non-prosecution when the sole appellant dies and no legal representatives are substituted—this judgment upholds existing procedural norms and has binding value for similar appeals in the Punjab & Haryana jurisdiction. Summary Category Data Case Name RSA/2327/2000 of M/S MULKH RAJ ARUN KUMAR Vs THE CHAIRMAN,STATE AGRICULTURE CNR PHHC010426062000 Date of […]

LawSikho
November 2, 2025
5 Mins Read
66 Views
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Whether Concurrent Findings on Forgery and Execution of Promissory Note Can Be Interfered With in Second Appeal? — Legal Principles on Section 100 CPC Reaffirmed as Binding Authority

Second appeal dismissed where both courts below found promissory note execution proved, and forgery unsubstantiated; High Court reiterates that concurrent findings of fact cannot be disturbed unless substantial question of law arises. Precedents on Section 100 Civil Procedure Code reaffirmed and followed — binding precedent for all subordinate courts in Punjab & Haryana and persuasive […]

LawSikho
November 2, 2025
4 Mins Read
68 Views
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Can Bail Be Granted for Non-Commercial Quantity Ganja under the NDPS Act When the Accused Has Prior Criminal Cases? — Precedent Set by the Punjab and Haryana High Court

The High Court clarified that the pendency of other criminal cases against an accused is not, by itself, a ground to deny regular bail under Section 20 of the NDPS Act when the recovered quantity is below the commercial threshold and investigation is complete. This ruling affirms the bail jurisdiction for non-commercial quantity offences and […]

LawSikho
November 2, 2025
1 Min Read
62 Views
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Does Withdrawal of a Writ Petition Under Article 226 Result in Any Pronouncement on the Merits or Clarification of Law? (Binding Value of Dismissals on Withdrawal)

When a writ petition is dismissed as withdrawn at the very outset on request of the petitioner, the court does not adjudicate any legal issue or provide binding precedent on merits. Such an order is not precedent for future cases and does not affect the substantive rights or liabilities at issue. Summary Category Data […]

LawSikho
November 2, 2025
3 Mins Read
60 Views
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Is Administrative Compliance With Mandamus Orders Satisfied by Constituting an Expert Committee and Issuing a Speaking Order?

A High Court clarifies that compliance with mandamus for reconsideration of disputed exam answers is satisfied when the administrative body constitutes a subject expert committee and passes a detailed speaking order, even if the ultimate claim is rejected. Precedent is affirmed; such compliance procedures are binding in similar cases involving public examinations and administrative review. […]