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

LawSikho
October 31, 2025
4 Mins Read
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Does Police Inaction After Commencement of Criminal Trial Justify Judicial Direction for Registration of New Complaint?

Where a complainant alleges threats or offences after charge sheet and trial commencement, the High Court reiterates the duty of police to act on fresh complaints and enables judicial directions to ensure procedural compliance—thus upholding and clarifying procedural precedents. Practical authority for criminal law practitioners in West Bengal. Summary Category Data Case Name WPA/23060/2025 […]

LawSikho
October 31, 2025
2 Mins Read
76 Views
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When Is an Appeal Dismissed as Infructuous? Clarification on the Continuing Relevance of Appeals in Light of Changed Circumstances

The court held that an appeal may be dismissed as infructuous when circumstances render the matter academic. The judgment upholds existing judicial practice regarding the disposal of infructuous appeals and serves as binding authority for future proceedings on similar procedural grounds. Summary Category Data Case Name MAT/1241/2023 of PRITAM MONDAL Vs MILAN GOUR AND […]

LawSikho
October 31, 2025
4 Mins Read
72 Views
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Can High Courts Proceed With Contempt Proceedings When an Apex Court Appeal is Pending on the Same Order? — Authority of “Keeping Contempt in Abeyance” Upheld and Clarified

Contempt proceedings by High Courts against alleged violation of orders under appeal before the Supreme Court must be kept in abeyance during pendency of such appeals, reaffirming Apex Court directions; binding precedent for all subordinate courts and persuasive for parallel benches, with practical utility in contempt jurisprudence. Summary Category Data Case Name COPCT/1/2024 of […]

LawSikho
October 31, 2025
3 Mins Read
56 Views
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When Can Petitioners Withdraw Writ Petitions With Liberty to Challenge New Legislation? Practical Implications of Dismissal as Withdrawn and Future Rights

The High Court confirmed that petitioners may withdraw writ petitions—granting explicit liberty to file afresh—when statutory developments render existing petitions infructuous; this facilitates future legal challenges to the newly enacted legislation. The ruling affirms established practice and serves as binding authority for procedural withdrawals in Himachal Pradesh. Summary Category Data Case Name CWP/15288/2025 of […]

LawSikho
October 31, 2025
3 Mins Read
56 Views
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Is an Appeal Challenging Criminal Conviction Maintainable After the Appellant Has Served the Full Sentence and Shows No Interest in Pursuing the Appeal? — Precedent Upheld on Dismissal of Appeals as Infructuous

Where the convict has already served the entire sentence and neither the appellant nor their legal heirs take steps to pursue the appeal, the High Court may dismiss the criminal appeal as infructuous. This judgment reaffirms existing legal practice and holds binding value for similar situations involving completed sentences and lack of prosecutorial interest. […]

LawSikho
October 31, 2025
3 Mins Read
96 Views
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Can Anticipatory Bail Be Granted Under Section 482 of BNSS, 2023 When the Petitioner Has Duly Joined Investigation and Is Not Required for Custodial Interrogation?

The High Court of Punjab & Haryana affirms that anticipatory bail under Section 482 of the BNSS, 2023, is appropriate when the petitioner has joined investigation and custodial interrogation is not required; the order granting interim bail is made absolute. This serves as binding authority for anticipatory bail proceedings under BNSS, upholding established principles. […]

LawSikho
October 31, 2025
4 Mins Read
88 Views
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Can Petitioners Challenge a Recruitment Advertisement After Participating in the Selection Process?

Petitioners who apply pursuant to an impugned recruitment advertisement cannot subsequently challenge that advertisement; the High Court affirms settled principle that participation bars such challenge, with an added direction to consider petitioners’ experience sympathetically. This judgment affirms and applies the existing doctrine regarding acquiescence and is binding within Uttarakhand for future recruitment and service matters […]

LawSikho
October 31, 2025
3 Mins Read
64 Views
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Is an Administrative Order Passed Without Hearing the Affected Party Void for Non-Compliance With Principles of Natural Justice?

The Orissa High Court reaffirmed that administrative/quasi-judicial orders passed without granting an opportunity of hearing to the affected party are unsustainable in law. The decision follows settled precedent, emphasizing that non-compliance with the principles of natural justice mandates setting aside such orders. Binding on all subordinate authorities within the State of Odisha, the judgment is […]

LawSikho
October 31, 2025
4 Mins Read
62 Views
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Does Compliance with Statutory Formalities Mandate Timely Grant of Electricity Connection by Distribution Companies? (Binding Authority – Affirms Existing Legal Principle on Timely Provision of Electricity Connection Upon Compliance and Sets Procedural Expectation for Distribution Companies)

The Calcutta High Court reaffirmed that once all statutory formalities are fulfilled by an applicant, electricity distribution companies are bound to provide electricity connection within a stipulated period, subject only to the resolution of way-leave issues where applicable. This decision upholds existing precedent and serves as binding authority for similar writs relating to the grant […]

LawSikho
October 31, 2025
5 Mins Read
68 Views
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When Can an Appellate Court Interfere With Acquittals in NDPS Cases? – Precedential Limits and Standards for Appeals Against Acquittal Reaffirmed

The High Court clarifies that interference with acquittals under the NDPS Act is justified only where the trial court’s order is perverse, based on misreading or omission of material evidence, and where no two reasonable views are possible; upholds binding Supreme Court precedent, and has binding value for future appeals in criminal law. Summary […]

LawSikho
October 31, 2025
5 Mins Read
62 Views
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Does Prolonged Pre-Trial Incarceration Alone Warrant Bail in Double Murder Cases Where Minimum Sentence Is Life Imprisonment? – High Court Upholds Existing Precedent

The Punjab and Haryana High Court reaffirms that delay or prolonged trial cannot, by itself, justify the grant of regular bail in serious offences like double murder where the minimum punishment is life imprisonment, especially when the State is not responsible for the delay. The decision follows established precedent and serves as binding authority for […]

LawSikho
October 31, 2025
3 Mins Read
64 Views
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Does the High Court Have Discretion to Entertain Writ Petitions Against Bank Recovery Proceedings Without Exhaustion of Statutory Remedy Before the Debt Recovery Tribunal? Maintains Existing Precedent: High Court Will Not Interfere When Effective Statutory Alternative Exists — Binding Authority for Dismissal of Writ Petitions Challenging SARFAESI Actions If DRT Remedy Not Availed

Affirming the settled position that writ jurisdiction will not be exercised in disputes relating to bank recovery when the borrower has not availed the alternate statutory forum under the SARFAESI Act, the High Court summarily dismissed the challenge to the bank’s sale and possession notices. The judgment strictly upholds the precedent requiring exhaustion of alternative […]