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

LawSikho
October 31, 2025
4 Mins Read
90 Views
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Can Revenue Authorities Refuse to Update Legal Heirs in Land Records Despite Prior Orders? Calcutta High Court Reaffirms Binding Nature of Deputy Commissioner’s Directives Under the A&N Land Revenue Regulation, 1966

The Calcutta High Court clarifies that revenue authorities are bound to incorporate the names of all legal heirs, as previously directed, without deviation based on subsequently outdated records. Judgment reaffirms compliance obligations under Regulation 87, with binding precedential value for land administration in Andaman and Nicobar Islands. Summary Category Data Date of Registration 18-09-2025 […]

LawSikho
October 31, 2025
3 Mins Read
66 Views
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Can Allegations of Wrongful Dispossession and Trespass in Property Disputes Mandate Police FIR Registration? — Calcutta High Court Reaffirms Civil/Criminal Distinction

The Calcutta High Court clarifies that mere allegations of wrongful dispossession and trespass relating to immovable property, when presented as private disputes between individuals, do not automatically warrant mandatory FIR registration by police authorities unless the complaint discloses a cognizable offence; reaffirms established precedent distinguishing civil disputes from criminal liability. Serves as binding authority for […]

LawSikho
October 31, 2025
3 Mins Read
84 Views
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Does a Class-II Heir Lower in the Schedule Have a Cause of Action for Succession in the Presence of a Preferred Class-II Heir? — Reaffirmation of Order 7 Rule 11(a) Application in Succession Disputes

The Himachal Pradesh High Court, while upholding the statutory scheme under the Hindu Succession Act, 1956, reaffirmed that a plaint by a claimant placed lower in the Class-II heir hierarchy does not disclose a cause of action if preferred Class-II heirs are alive. The judgment upholds settled law and is binding authority for courts dealing […]

LawSikho
October 31, 2025
4 Mins Read
94 Views
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When Can a Complaint Dismissed for Default Under Section 256(1) CrPC Be Restored and Tried on Merits?

The Madras High Court reaffirms that complaints dismissed for default under Section 256(1), CrPC, rather than on the merits, can be restored and directed for trial. The decision maintains established judicial precedent and is binding on subordinate courts in Tamil Nadu—practitioners should cite this as authoritative where procedural default, rather than merit-based dismissal, is challenged. […]

LawSikho
October 31, 2025
2 Mins Read
94 Views
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When Can a Bail Application Be Withdrawn Without Judicial Determination?

The High Court affirmed that a bail application, once sought to be withdrawn by the petitioner and permitted by the court, results in dismissal as withdrawn without any judicial examination of merits. This judgment follows well-settled procedural law and acts as binding authority within subordinate courts on the mechanics of bail withdrawal; no new substantive […]

LawSikho
October 31, 2025
3 Mins Read
76 Views
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Does Repeated Non-Appearance by Petitioners Result in Dismissal of a Writ Petition Under Articles 226/227 — And What Is the Precedent Value of Such a Dismissal?

When no appearance is made by petitioners despite opportunities, a writ petition under Articles 226/227 may be dismissed for want of prosecution. This judgment affirms the continuing practice in writ jurisdiction and serves as binding precedent on dismissal procedure within the Punjab and Haryana High Court. Summary Category Data Case Name CWP/3844/2001 of MOOL […]

LawSikho
October 31, 2025
3 Mins Read
116 Views
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Does the Dismissal of an Appeal as Infructuous Affect the Precedential Value of the Quashed Detention Order?

The High Court dismissed the pending appeal as infructuous because the respondent was already released from detention and no further purpose would be served. The underlying quashing of the detention order by the writ court thus stands undisturbed. This ruling upholds procedural precedent and clarifies the practical consequences of infructuous appeals in preventive detention cases, […]

LawSikho
October 31, 2025
3 Mins Read
92 Views
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Can an Appeal Be Dismissed for Non-Prosecution When Service of Notice Remains Incomplete Due to Appellant’s Inaction? (Upholds Existing Precedent; High Court’s Approach to Procedural Defaults as Binding Authority)

The High Court has reaffirmed that failure by an appellant to facilitate service of notice—by not providing necessary addresses—may justify dismissal of an appeal for non-prosecution. This judgment follows established principles and serves as binding authority for matters concerning procedural compliance in appellate proceedings within the jurisdiction. Summary Category Data Case Name LPA/347/2018 of […]

LawSikho
October 31, 2025
2 Mins Read
104 Views
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When Can an Appeal Be Dismissed as Infructuous? Clarifying the Scope of Judicial Power in the Absence of Live Issues

The Calcutta High Court reaffirms that appeals may be dismissed as infructuous where no live controversy survives. This judgment upholds existing precedent, confirming that courts have the authority to decline adjudication when the matter is rendered academic, with binding value for similar situations across subordinate courts in West Bengal. Summary Category Data Case Name […]

LawSikho
October 31, 2025
4 Mins Read
74 Views
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When Can High Courts Overlook Statutory Alternative Remedies Under Article 226? Calcutta High Court Reaffirms Self-Imposed Restrictions

The Calcutta High Court clarifies that, absent exceptional circumstances like violation of natural justice or lack of jurisdiction, the existence of a statutory appellate remedy mandates a self-imposed restriction on writ jurisdiction; this upholds settled Supreme Court precedent and serves as binding authority for future cases in the realm of land reform disputes and similar […]

LawSikho
October 31, 2025
2 Mins Read
62 Views
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Does the Disposition of a Contempt Petition upon Compliance Constitute a Binding Adjudication on Underlying Legal Issues? – Reaffirmation of Summary Disposals as Non-precedential

When a contempt application is closed due to compliance reported by the respondent, the Court does not decide substantive legal issues, nor does it create binding precedent for similar factual circumstances. This decision follows established practice and does not alter existing legal standards for contempt proceedings. Precedential value is limited to its own facts and […]

LawSikho
October 31, 2025
2 Mins Read
82 Views
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What Is the Effect of Non-Prosecution on a Transfer Application?

When an applicant in a transfer petition fails to appear, the Punjab and Haryana High Court may dismiss the application for want of prosecution, without examining the merits. This judgment follows existing precedent and affirms routine procedural practice, with binding effect within its jurisdiction. Summary Category Data Case Name TA/571/2025 of GEETIKA Vs VIKUL […]