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

LawSikho
November 2, 2025
2 Mins Read
58 Views
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Can An Anticipatory Bail Application Be Maintained When No Criminal Case Exists Against The Applicant? Reaffirmation of Legal Principle by the Gauhati High Court – Application Dismissed as Infructuous – Binding Precedential Value in Bail Jurisprudence

The Gauhati High Court has reaffirmed that an anticipatory bail application is not maintainable when no FIR or criminal case has been registered against the applicant as on the date of hearing. This judgment upholds settled legal principles and serves as binding authority within its jurisdiction, providing clear guidance for bail matters in the absence […]

LawSikho
November 2, 2025
5 Mins Read
66 Views
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Does an Insurer’s Liability Cover the Owner-Driver’s Death in a Motor Accident Under a Standard Policy? Gauhati High Court Reaffirms Limitation Except to the Extent of Personal Accident Cover

The Gauhati High Court has upheld the established legal position that under a standard motor insurance policy, the insurer is not liable for compensation regarding the owner-driver’s death (when the deceased is also the owner and occupant of the vehicle), except up to the maximum amount specified under the “personal accident cover.” This judgment follows […]

LawSikho
November 2, 2025
3 Mins Read
68 Views
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Can a Maintenance Order Under Section 125 CrPC Be Challenged Solely on Grounds of Insufficient Proof of Marriage or Applicant’s Income? — Existing Precedent Upheld by High Court

The High Court of Chhattisgarh reaffirmed that, where the Family Court has assessed evidence regarding marital status and income, its maintenance orders under Section 125 CrPC cannot be interfered with in revision absent manifest illegality or perversity. The judgment upholds existing legal standards and serves as binding authority within Chhattisgarh for family and matrimonial law […]

LawSikho
November 2, 2025
5 Mins Read
54 Views
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Can a Complainant Appeal an Acquittal Order in a Cheque Dishonour Case Under the Proviso to Section 372 CrPC? Chhattisgarh High Court Affirms Supreme Court’s Clarification and Grants Procedural Liberty

Chhattisgarh High Court, relying on the Supreme Court’s 2025 decision in M/s Celestium Financial v. A. Gnanasekaran Etc., permits withdrawal of a criminal appeal under Section 378(4) CrPC, clarifies complainant’s right to appeal an acquittal order under the proviso to Section 372 CrPC before the Sessions Judge, and relaxes limitation for re-filing. This order affirms […]

LawSikho
November 2, 2025
5 Mins Read
68 Views
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Can Conviction Be Sustained Solely on the “Last Seen Together” Circumstance Without Corroborative Evidence? Chhattisgarh High Court Applies Supreme Court Precedent Clarifying the Evidentiary Threshold for Circumstantial Cases

Reaffirming the Supreme Court’s position that “last seen together” is a weak form of circumstantial evidence, the Chhattisgarh High Court quashed convictions under Section 302/34 and 364 IPC when no additional credible evidence connected the accused to the crime. This ruling upholds existing law and limits the reliance on “last seen” situations as the singular […]

LawSikho
November 2, 2025
5 Mins Read
66 Views
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Can a Writ of Quo Warranto Be Issued Without Proof of Statutory Violation or Bona Fide Intent?

The High Court of Chhattisgarh has clarified that a writ of quo warranto may be issued only if the appointment to public office is contrary to statutory rules, and the petitioner demonstrates bona fide intent. Allegations unsupported by evidence, or petitions motivated by personal malice, will not justify the issuance of quo warranto. This decision […]

LawSikho
November 2, 2025
2 Mins Read
52 Views
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What is the Precedential Value of a High Court Dismissal for Default in a Writ Petition Seeking Implementation of a Government Order?

A writ petition seeking enforcement of G.O.Ms.No. 194 was dismissed for non-prosecution by the Andhra Pradesh High Court; such dismissals for default do not constitute a decision on merits and do not create binding precedent or alter existing law on the underlying legal questions. Summary Category Data Case Name WP/18667/2017 of C. Balaiah Vs […]

LawSikho
November 2, 2025
5 Mins Read
62 Views
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Can Conviction Under the POCSO Act Be Sustained Solely on Private School Records as Proof of Minority When There Are Contradictions in Oral Evidence?

Court emphasises that documentary evidence from private schools, especially without foundation or corroboration, is insufficient to establish the minority of the victim under the POCSO Act if family testimony is inconsistent and legal proof is missing. Reaffirms and applies Supreme Court precedent, sets binding precedent for trial and appellate courts in Chhattisgarh. Summary Category […]

LawSikho
November 2, 2025
5 Mins Read
64 Views
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When Can an Appellate Court Interfere With an Acquittal Under Section 378 CrPC? Scope for Setting Aside Acquittals Reaffirmed

The High Court of Chhattisgarh has reaffirmed that interference with a trial court’s acquittal in criminal cases is permissible only where findings are perverse, manifestly illegal, or material evidence has been ignored. The judgment upholds existing Supreme Court precedent, offering binding value for subordinate courts and strong persuasive value elsewhere. Summary Category Data Case […]

LawSikho
November 2, 2025
6 Mins Read
70 Views
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Can Contractual Disputes Arising Under Statutory Framework Be Challenged in Writ Jurisdiction Under Article 226 Merely for Alleged Procedural Violations? — High Court Reaffirms Limits of Judicial Review in Commercial Contracts

The High Court holds that contractual disputes between private parties and statutory corporations cannot be adjudicated under Article 226 of the Constitution unless a violation of statutory or constitutional mandate is established; upholds established precedent that writ jurisdiction is not exercisable for enforcing purely contractual rights. Ruling is binding on all subordinate courts in Chhattisgarh […]

LawSikho
November 2, 2025
4 Mins Read
64 Views
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Does Mere Issuance of a Crossed Cheque Establish Presumption of Liability under Section 138 NI Act When the Underlying Debt is Disputed?

A crossed cheque alone does not raise conclusive presumption of a legally enforceable debt under Section 138 of the Negotiable Instruments Act, especially where evidence regarding the consideration and underlying transaction is ambiguous or absent. The High Court reaffirmed the established legal position, clarifying requirements for criminal liability in cheque dishonour cases, and its ruling […]

LawSikho
November 2, 2025
3 Mins Read
82 Views
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When Can a Wife Be Denied Maintenance Under Section 125 CrPC for Failure to Prove Sufficient Cause for Living Separately? — Reaffirmation of Precedent on Burden of Proof and Grounds of Refusal

The High Court reiterates that a wife must substantiate sufficient and reasonable cause for living separately, and mere uncorroborated allegations of cruelty or harassment are inadequate to claim maintenance under Section 125 CrPC. This judgment upholds existing legal standards and serves as binding authority for trial courts and persuasive guidance for higher courts. Summary […]