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

LawSikho
October 30, 2025
2 Mins Read
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Affirmation of Existing Precedent by the Uttarakhand High Court; Serves as Binding Authority on Maintainability of Transfer-Related Writ Petitions Post-Joining

The Uttarakhand High Court reiterates that once a government employee has joined unconditionally at the place of transfer, their legal challenge to the transfer order becomes infructuous. This judgment upholds established precedent and is binding on subordinate courts in service law matters regarding transfer orders. Summary Category Data Case Name WPSS/1134/2023 of VINOD KUMAR […]

LawSikho
October 30, 2025
3 Mins Read
64 Views
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Can a Candidate Who Lost an Election Be Declared Elected Upon Cancellation of the Winning Candidate’s Election? — Reaffirmation of the Principle That Only a Fresh Election Can Fill the Vacancy

The Uttarakhand High Court has reaffirmed that, in the absence of any explicit legal provision, a candidate who lost in an organizational election cannot be declared elected merely because the declared winner’s election is cancelled. Instead, the vacancy must be filled by holding a fresh election. The decision maintains the status quo and upholds established […]

LawSikho
October 30, 2025
1 Min Read
84 Views
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Does Withdrawal of a Criminal Writ Petition with Liberty to File Afresh Create a Binding Precedent or Affect Pending Criminal Proceedings?

The High Court of Uttarakhand held that voluntary withdrawal of a criminal writ petition, with liberty to refile, carries no precedential value or substantive determination on merits. Such orders neither affirm nor overrule prior law, and do not affect the rights of parties or the status of pending criminal proceedings. This decision provides procedural guidance, […]

LawSikho
October 30, 2025
4 Mins Read
68 Views
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When Can a Writ Petition Seeking a Refund, Based on Prior Precedents, Be Withdrawn With Liberty to File Afresh? | Affirmation of Disposed Petitions and Procedural Implications

The Himachal Pradesh High Court reaffirmed that a writ petition seeking enforcement of decisions in prior, related matters—specifically regarding refund of amounts deposited pursuant to recovery notices—may be withdrawn with liberty to file afresh, where no consequential order following earlier disposed directions is on record or challenged. This order upholds previous judicial directions and maintains […]

LawSikho
October 30, 2025
2 Mins Read
80 Views
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Does the Dismissal of a Criminal Appeal for Non-Prosecution Set Any Legal Precedent or Affect Questions of Law Regarding Non-Service of Notice and Lack of Instructions?

The Madras High Court reaffirmed that appeals can be dismissed for non-prosecution where the appellant fails to provide necessary instructions for service of notice, without addressing or altering any substantive legal principles. The decision follows existing procedural norms, without creating binding or persuasive authority on substantive law questions, and serves as a reiteration of settled […]

LawSikho
October 30, 2025
1 Min Read
64 Views
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Does Dismissal of a First Appeal for Default Create Any Legal Precedent or Bind Future Cases?

When a first appeal is dismissed in default of appearance, no substantive legal issue or question of law is adjudicated. Such an order merely disposes of the appeal on procedural grounds and has no precedential or binding value for future cases. It neither affirms nor overrules any precedent and cannot be cited as authority on […]

LawSikho
October 30, 2025
3 Mins Read
60 Views
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When Does the Cancellation of a Challenged Transfer Order Render a Writ Petition Infructuous?

The High Court clarified that the cancellation of a transfer order, which was the sole subject matter of the writ petition, renders the writ infructuous and dismissible on that ground. This decision upholds established precedent and confirms that such writs cannot be continued in the absence of a subsisting grievance, offering clear guidance for service […]

LawSikho
October 30, 2025
4 Mins Read
86 Views
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Can Outsourced or Contractual Employees Seek Regularization When They Have Not Completed Ten Years of Service? Reaffirmation of Umadevi (3) Doctrine by High Courts—Binding Authority and Limits on Equitable Relief

The Madras High Court conclusively applies the Supreme Court’s ratio in Umadevi (2006) to dismiss claims for regularization by outsourced employees lacking ten years of continuous service, even when sponsored by Employment Exchange; distinguishes recent Supreme Court decisions involving longer service periods. The judgment is binding precedent for service law matters involving government contract staff, […]

LawSikho
October 30, 2025
6 Mins Read
118 Views
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Can a Proclamation Under Section 82 CrPC Be Declared Void for Procedural Defects in Notice Period?

Proclamation under Section 82 CrPC must provide a clear notice period of not less than 30 days from the date of publication, and the court must record satisfaction that the accused has absconded or is concealing himself. Non-compliance vitiates proceedings. The High Court applies and clarifies established principles, which subordinate courts must follow; the judgment […]

LawSikho
October 30, 2025
4 Mins Read
88 Views
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Can Prolonged Pre-Trial Incarceration Alone Justify Grant of Bail When Principal Prosecution Witness Is Examined?

The High Court held that when a petitioner has undergone extensive pre-trial incarceration and the principal prosecution witness has already been examined, continued detention as an undertrial is not warranted in the absence of clear risk of absconding or tampering with evidence. The case clarifies and reinforces bail principles under Section 483 of Bharatiya Nagarik […]

LawSikho
October 30, 2025
2 Mins Read
68 Views
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Does Voluntary Withdrawal of a Public Interest Litigation Render Any Finding on the Merits or Set Judicial Precedent?

The High Court clarified that the withdrawal of a PIL by the petitioner – when the cause has become infructuous – results in dismissal without adjudication on merits, thus carrying no precedential value and neither affirming nor overruling existing law. This remains binding procedural practice for all similarly situated future matters involving withdrawal of PILs […]

LawSikho
October 30, 2025
5 Mins Read
86 Views
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Can Disclosure Statements of Co-Accused Alone Suffice to Deny Anticipatory Bail under the NDPS Act?

Anticipatory bail under the NDPS Act cannot be denied solely on the basis of disclosure statements from a co-accused in the absence of other incriminating material; Punjab & Haryana High Court upholds and applies Supreme Court precedent, clarifying the approach for subordinate courts in NDPS bail applications. Summary Category Data Case Name CRM-M/42271/2025 of […]