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

LawSikho
October 30, 2025
3 Mins Read
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Does Joining Investigation Mandate Grant of Anticipatory Bail under Section 482 BNSS, 2023 When Custodial Interrogation Is Not Required? – Precedent Set By High Court

The High Court holds that when an accused has joined the investigation and the State does not seek custodial interrogation, anticipatory bail should be confirmed, subject to statutory conditions. This approach reaffirms existing principles in anticipatory bail jurisprudence under the new Bharatiya Nagarik Suraksha Sanhita, 2023, providing binding authority for subordinate courts in Haryana. […]

LawSikho
October 30, 2025
4 Mins Read
58 Views
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Does the High Court’s Interpretation of GST Registration Revocation Procedures under Section 30 of UKGST/CGST Act Reaffirm Existing Law and Bind Subordinate Authorities?

The Uttarakhand High Court, by following its own prior precedent, reiterates that applications for revocation of cancellation of GST registration—when the petitioner evidences readiness to pay outstanding tax and dues—must be considered in accordance with law. The decision consolidates existing jurisprudence rather than introducing new law and is binding on subordinate courts and GST authorities […]

LawSikho
October 30, 2025
3 Mins Read
72 Views
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Can the State Bar Notaries Policy Lawfully Impose a Blanket 10-Year Cap on Practice Renewal? — Precedential Authority on Notary Tenure Limits

The Uttarakhand High Court applies prior precedent, affirming that policy-based refusal to renew notarial certificates beyond 10 years cannot stand where previously adjudicated. This judgment reinforces existing law, providing binding authority for challenges to similar state-imposed tenure caps on notaries. Summary Category Data Case Name WPMS/2929/2025 of SURENDRA KUMAR MITTAL Vs STATE OF UTTARAKHAND […]

LawSikho
October 30, 2025
2 Mins Read
137 Views
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When is an Execution Petition Rendered Infructuous Upon Full Satisfaction of a Decree by the Respondent? ✔ Precedent Followed

A decree-holder’s entitlement to enforcement proceedings ceases once the respondent proves compliance and the petitioner admits full satisfaction; reaffirmed by the Himachal Pradesh High Court, this principle continues as binding authority for execution/infructuousness in similar cases. Summary Category Data Case Name EX.P./1866/2025 of PARSHOTAM RAM Vs HRTC AND ORS CNR HPHC010524882025 Date of Registration […]

LawSikho
October 30, 2025
4 Mins Read
86 Views
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High Court Reaffirms Requirement for Specific Pleadings on Duties; Upholds Remand for Fresh Adjudication—Binding Authority for Industrial Dispute Litigation

The judgment confirms that it is incumbent on the employee to specifically plead and establish the nature of duties undertaken to claim the status of ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947. Upholding prior precedent and affirming the Single Bench order, the judgment clarifies evidentiary and pleading standards essential for maintainability in […]

LawSikho
October 30, 2025
4 Mins Read
106 Views
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Can Offences Under Section 307 IPC and Arms Act Be Quashed on Compromise? High Court Clarifies Scope of Inherent Powers Under Section 528 BNSS

Voluntary compromise between parties can justify quashing of FIRs under serious offences like Section 307 IPC and Arms Act, if warranted by facts; Punjab & Haryana High Court reaffirms prior binding precedent—remains binding authority for subordinate courts in Punjab, Haryana, and Chandigarh. Summary Category Data Case Name CRM-M/44188/2025 of DHARAM SINGH Vs STATE OF […]

LawSikho
October 30, 2025
3 Mins Read
86 Views
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Does Grant of Anticipatory Bail Under Section 482 BNSS Become Absolute Once the Petitioner Joins Investigation and Is No Longer Required for Further Custodial Interrogation?

The High Court reaffirmed that when, after complying with interim directions, the investigating agency informs the court that a petitioner is no longer required for custodial interrogation, the court may make anticipatory bail absolute under Section 482 BNSS. This ruling provides a clear precedent for future anticipatory bail applications under the new Bharatiya Nagarik Suraksha […]

LawSikho
October 30, 2025
2 Mins Read
78 Views
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Can a Petition under Section 482 CrPC for Quashing FIR Be Withdrawn Without Adjudication on Merits? (Precedential Implications of Dismissal as Withdrawn)

A petition seeking quashing of FIR under Section 482 CrPC was withdrawn by the petitioner before any arguments on merits, with the High Court allowing its dismissal as withdrawn. The judgment upholds procedural norms and has no binding impact on questions of law, reinforcing that such withdrawn matters hold no precedential value. Summary Category […]

LawSikho
October 30, 2025
3 Mins Read
58 Views
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Does the Dismissal of a Writ Petition as Withdrawn with Liberty to Challenge Subsequent Administrative Orders Create Binding Precedent on Quashing Transfer Cancellations?

The Punjab and Haryana High Court upheld established procedural law by allowing withdrawal of a writ petition with liberty to challenge a subsequent administrative cancellation order, reaffirming its adherence to existing precedent. The judgment is not a binding authority on substantive challenges to transfer orders but is relevant for procedural guidance before the same court […]

LawSikho
October 30, 2025
4 Mins Read
60 Views
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When Does a Second Appeal Lie? Reaffirming the Need for a Substantial Question of Law in Regular Second Appeals under Section 100 CPC

The High Court has reiterated that a regular second appeal under Section 100 of the Civil Procedure Code (CPC) is not maintainable merely for reappreciation of evidence or interference with concurrent findings of fact—unless a substantial question of law is involved. This judgment upholds settled precedent, providing clear guidance on the limited scope of second […]

LawSikho
October 30, 2025
3 Mins Read
98 Views
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Does Settlement Before the Mediation and Conciliation Center Render a Writ Petition Infructuous? – Precedential Status of Orders Recording Amicable Resolution of Service Disputes

The High Court holds that where parties amicably settle a service matter pursuant to mediation, the writ petition becomes infructuous and is disposed of accordingly – reaffirming the effect of settlement on writ proceedings. Disposed of as per standard process; does not overrule or modify prior precedent. Limited to the present facts pertaining to public […]

LawSikho
October 30, 2025
2 Mins Read
64 Views
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When Can a Second Appeal Be Dismissed for Non-Prosecution by the High Court, and What Is the Scope of Reviving Such Appeals? — Affirming Existing Procedural Principle

The High Court reaffirmed that where an appellant and their counsel are unavailable despite service of notice, a second appeal may be dismissed for non-prosecution, but the appellant retains the right to seek restoration by demonstrating sufficient cause; this ruling upholds existing procedural norms and serves as binding authority for future cases within the jurisdiction. […]