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

LawSikho
October 31, 2025
6 Mins Read
66 Views
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Can Assistant Settlement Officers Override Valid Lease Orders Granted Under the OGLS Act While Updating Record of Rights? — Binding Reiteration of Jurisdictional Limits Under the Orissa Survey and Settlement Act

The Orissa High Court has reaffirmed that Assistant Settlement Officers (ASO) acting under the Orissa Survey and Settlement Act, 1958, have no jurisdiction to override, cancel, or refuse consequential mutation relating to leases granted/confirmed under the Orissa Government Land Settlement Act, 1962. This ruling upholds a consistent line of precedent and provides binding authority for […]

LawSikho
October 31, 2025
5 Mins Read
66 Views
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Does Failure to File Objections Within the Stipulated Time Bar Judicial Interference in Co-operative Election Disputes?

The Calcutta High Court has reaffirmed that belated objections to the Draft Voters’ List in co-operative society elections do not warrant interference by the writ court once the election process is conducted as per the notified schedule. The judgment upholds the requirement of adhering to statutory timelines for objections and clarifies that electoral disputes must […]

LawSikho
October 31, 2025
4 Mins Read
84 Views
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Is an Employee Directed to Work at a Different Location Entitled to Travelling Allowance When No Documentary Proof of Travel is Produced?

The High Court of Jharkhand has clarified that when an employee is assigned to work at a location other than their original posting for specific days, entitlement to travelling allowance arises based on attendance and actual work performed, even if documentary proof of mode of transport is not produced. The judgment affirms the binding nature […]

LawSikho
October 31, 2025
3 Mins Read
110 Views
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Is a Proclamation Under Section 82 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Void if the Order Omits to Specify Time and Place for Appearance? – Jharkhand High Court Affirms Mandatory Requirements, Nullifies Irregular Proclamation

The Jharkhand High Court holds that an order issuing proclamation under Section 82 BNSS (corresponding to Section 82 CrPC) must mandatorily stipulate the time and place for the accused’s appearance. Non-compliance renders the order illegal and liable to be quashed, reaffirming settled precedent and providing binding authority within Jharkhand. Summary Category Data Case Name […]

LawSikho
October 31, 2025
5 Mins Read
68 Views
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Does Production of a Fake Driving Licence by the Driver Absolve the Insurance Company of Liability in Motor Accident Claims?

The High Court of Punjab and Haryana has reaffirmed that when it is established that the driver held a fake licence, the insurance company stands exonerated from liability to pay compensation under the insurance policy. The ruling upholds and applies Supreme Court precedent, making it a binding authority within the jurisdiction and clarifying practical indemnification […]

LawSikho
October 31, 2025
4 Mins Read
88 Views
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Does Affirmation of an Earlier High Court Ruling by a Coordinate Bench Establish Binding Recruitment Principles for Departmental Promotions Under Government Service Rules?

The Kerala High Court, by following its own prior judgment and upholding the Central Administrative Tribunal’s order, affirms existing legal principles governing recruitment and departmental promotion, reinforcing established procedures without creating new law; the case is binding on subordinate courts in Kerala and serves as strong persuasive authority elsewhere in departmental employment disputes. Summary […]

LawSikho
October 31, 2025
5 Mins Read
72 Views
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Can Land Value for Acquisition Be Fixed on Market Exemplars Without Similarity and Escalation Evidence? High Court Narrows Reference Court’s Powers

The Kerala High Court clarified that in the absence of sufficient evidence demonstrating similarity between the acquired property and exemplar properties under Section 18 of the Land Acquisition Act, escalation in price cannot be presumed. The decision modifies the compensation methodology by restricting reference courts from granting enhanced value based on post-notification developments or unsupported […]

LawSikho
October 31, 2025
2 Mins Read
92 Views
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Can a Criminal Revision Petition Be Dismissed as Infructuous Upon Settlement Between Parties?

The Uttarakhand High Court reaffirmed that when parties enter into a mutual compromise during the pendency of a criminal revision, the petition may be dismissed as infructuous. This order upholds prevailing procedural practice and provides binding authority within the jurisdiction, particularly for criminal matters resolved by compromise before adjudication. Summary Category Data Case Name […]

LawSikho
October 31, 2025
2 Mins Read
70 Views
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Can Anticipatory Bail Be Granted to Accused Facing Heinous Sexual Offence Allegations under the BNS, 2023 and POCSO Act? High Court’s Rejection Reaffirms Existing Precedent on Stringent Bail Considerations in Serious Crimes Involving Child Victims; Remains Binding Authority for Lower Courts

Anticipatory bail was refused given the serious and heinous allegations of outraging modesty of minor girls, with the High Court reaffirming strict bail standards in such cases under the BNS, 2023 and the POCSO Act. The decision upholds established precedent and serves as binding guidance for subordinate courts handling similar allegations involving children. Summary […]

LawSikho
October 31, 2025
3 Mins Read
84 Views
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Does the Availability of a Statutory Appellate Remedy under Section 18 SARFAESI Act Preclude Writ Jurisdiction of High Courts Over DRT Orders?

High Court reiterates that writ petitions challenging DRT orders under SARFAESI Act will not be entertained when a statutory appellate remedy under Section 18 is available. Prior precedent is strictly followed, strengthening the bar against bypassing alternate remedies in financial/debt recovery disputes. Binding authority for subordinate courts and persuasive for other forums. Summary Category […]

LawSikho
October 31, 2025
5 Mins Read
120 Views
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Can a Dismissed and Convicted Police Officer Claim Provisional Pension Pending Appeal?

The High Court of Punjab and Haryana has clarified that a police officer dismissed from service following criminal conviction is not entitled to provisional pension, even if the sentence is suspended and appeal is pending—unless the conviction itself is stayed or set aside. The ruling upholds prior precedents and the relevant Service Rules, limiting provisional […]

LawSikho
October 31, 2025
2 Mins Read
62 Views
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Does Prolonged Non-Prosecution Justify Dismissal of Long-Pending Second Appeals? Clarification on Inherent Powers of High Courts

The Punjab & Haryana High Court reaffirms existing precedent by dismissing a decades-old regular second appeal for want of prosecution, clarifying the court’s discretion to remove dormant cases from its docket. This judgment underscores the binding practice that inactive appeals may be dismissed after due opportunity, serving as authoritative precedent for case management by High […]