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

LawSikho
October 30, 2025
4 Mins Read
104 Views
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Can Ancillary FIRs under Section 174-A IPC Survive After Quashing of the Main FIR? Clarification on the Continuity of Proceedings Against Proclaimed Offenders

The Punjab & Haryana High Court reaffirms that once the main FIR is quashed on settlement, ancillary criminal proceedings solely arising from a party’s non-appearance (under Section 174-A IPC) cannot be sustained; serves as binding precedent within the jurisdiction, upholding existing law. Summary Category Data Case Name CRM-M/28005/2025 of VIKRAM TYAGI Vs STATE OF […]

LawSikho
October 30, 2025
4 Mins Read
90 Views
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Can a Co-owner Who Is Not in Exclusive Possession Obtain an Injunction to Restrain Another Co-owner’s Use of Joint Property Without Proving Ouster or Detriment?

The Court reaffirmed that a co-owner not in exclusive possession cannot obtain an injunction against another co-owner’s use or improvement of joint property, unless such acts amount to ouster, are prejudicial, or are detrimental to the co-owner’s interest. The judgment follows and applies existing Full Bench and Division Bench precedents of the Punjab and Haryana […]

LawSikho
October 30, 2025
4 Mins Read
80 Views
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Can GST Registration Cancellation Orders Be Set Aside on Payment of Dues? — Uttarakhand High Court Reaffirms Relief Where Petitioner Undertakes to Pay Tax, Interest, and Fees

The Uttarakhand High Court reiterates, following its recent precedent, that businesses whose GST registration was cancelled can seek revocation by agreeing to pay all pending tax, interest, and late fee, and that applications for revocation must be duly considered. This holding reaffirms existing precedent set by the same court and serves as binding authority for […]

LawSikho
October 30, 2025
3 Mins Read
84 Views
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When Does a Writ Petition Challenging Transfer Become Infructuous? Reaffirming the Principle of Non-Interference in Routine Service Transfers When the Petitioner Complies

A writ petition challenging a transfer order becomes infructuous if the petitioner joins at the transferred place in the absence of any interim relief. The High Court of Uttarakhand reaffirms existing precedent, maintaining settled law and providing binding authority for similar administrative transfer cases in service law. Summary Category Data Case Name WPSS/1127/2023 of […]

LawSikho
October 30, 2025
7 Mins Read
98 Views
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Is the Statutory Interest Rate on Delayed Gratuity Payments Under the Payment of Gratuity Act, 1972 Mandatorily 10% as Notified by the Central Government, and Do Contrary High Court Orders Constitute Per Incuriam Precedents?

The Orissa High Court has clarified, reaffirming Supreme Court and prior High Court precedent, that 10% simple interest per annum is mandatorily applicable for delayed gratuity payments as per Section 7(3A) of the Payment of Gratuity Act, 1972 and the Central Government notification dated 01.10.1987; any contrary orders granting a lower rate are per incuriam […]

LawSikho
October 30, 2025
5 Mins Read
104 Views
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Does Pendency of an Application for Producers Licence Under the Essential Commodities Regime Exonerate the Accused from Criminal Liability?

The Orissa High Court reaffirmed that where an accused establishes that a bona fide application for a requisite licence under the Orissa Pulses, Edible Oilseeds and Edible Oils Dealers (Licensing) Order, 1977 was filed and pending with the authorities at the time of alleged offence, penal consequences under Section 7 of the Essential Commodities Act […]

LawSikho
October 30, 2025
5 Mins Read
102 Views
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Can Interim Anticipatory Bail Be Confirmed and Made Absolute When Section 18 of the SC/ST Act Bars Such Relief?

The court reaffirmed that, where the Supreme Court has upheld an interim bail order in the face of a bar under Section 18 of the SC/ST Act, the High Court may confirm and make such interim bail absolute, provided there is no allegation of its misuse. This decision applies prevailing precedent to unique factual circumstances, […]

LawSikho
October 30, 2025
3 Mins Read
86 Views
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When Can a High Court Petition Be Withdrawn With Liberty to File Afresh? Does Such Dismissal Affect Future Petitions on the Same Cause?

The Punjab & Haryana High Court reaffirmed that withdrawal of a writ petition with liberty to file afresh, without adjudication on merits, does not bar a subsequent petition. The decision upholds existing precedent and clarifies the procedural effect for future cases, serving as binding authority for subordinate courts within the High Court’s jurisdiction. Summary […]

LawSikho
October 30, 2025
6 Mins Read
94 Views
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Does Prolonged Delay in NDPS Trials Justify Grant of Bail Despite the Rigours of Section 37 NDPS Act?

The Punjab & Haryana High Court, considering significant delays in trial and prolonged undertrial incarceration, has held that the right to speedy trial may warrant bail even where the offence involves commercial quantity and attracts Section 37 NDPS Act. The judgment upholds Supreme Court precedent, clarifies prosecutorial and police duties, and reinforces binding legal standards […]

LawSikho
October 30, 2025
5 Mins Read
92 Views
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Can Administrative Orders Imposing Restitution and Compensation Be Set Aside for Alleged Violation of Natural Justice When No Contemporaneous Objection Was Raised? — Reaffirmation of Judicial Review Scope Under Article 226; Orders as Binding Authority

The Calcutta High Court held that administrative orders directing reconstruction and compensation for unlawful demolition by a public contractor are not to be interfered with in writ proceedings unless there is demonstrated perversity, material illegality, or irregularity—and where the petitioner failed to make contemporaneous objections regarding natural justice violations. The decision upholds prior precedent on […]

LawSikho
October 30, 2025
4 Mins Read
90 Views
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Does Participation in Statutory Proceedings Waive Grounds for Challenging Initial Procedural Irregularities?

The Orissa High Court clarified that when a petitioner chooses to participate in ongoing statutory proceedings and files a show cause, any challenge to procedural irregularity in notice issuance is rendered academic. The Court upheld disposal of writ petitions with liberty to participate, reaffirming the primary role of merits-based adjudication and adherence to natural justice. […]

LawSikho
October 30, 2025
6 Mins Read
138 Views
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Does the Payment of Gratuity Act, 1972 Mandate 10% Interest on Delayed Gratuity Payment Irrespective of Prevailing Bank Interest Rates?

The Court held that statutory interest at 10% per annum on delayed gratuity under Section 7(3A) of the Payment of Gratuity Act, 1972, as notified by Central Government, is binding and cannot be reduced by reference to prevailing bank rates; earlier contrary decisions awarding only 6% interest are per incuriam and lack precedential value. This […]