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

LawSikho
October 30, 2025
4 Mins Read
82 Views
0 Comments

Can a Tribunal Dismiss an Original Application on Merits for Non-Appearance of the Applicant? Clarifying the Scope of Section 16(e) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 and Applicability of Order XLI Rule 17 CPC

The Calcutta High Court holds that a Tribunal under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, cannot dismiss an original application on merits solely due to the absence of the applicant, affirming that such powers must be exercised consistent with Order XLI Rule 17 CPC and prevailing Supreme Court precedent. This judgment […]

LawSikho
October 30, 2025
3 Mins Read
56 Views
0 Comments

Can High Courts Direct the Central Administrative Tribunal to Expedite Pending Matters Merely on Allegations of Delay? – Reaffirmation of Tribunal’s Autonomy

Calcutta High Court holds that directions to the Tribunal for expeditious disposal cannot be issued when adjournments occurred at the request of both parties; affirms established precedent upholding the Tribunal’s discretion in scheduling matters and preserves the Tribunal’s autonomy as a first-instance forum. Summary Category Data Case Name WP.CT/216/2025 of SUBHASIS SARKAR Vs UNION […]

LawSikho
October 30, 2025
4 Mins Read
70 Views
0 Comments

Is the Pre-Deposit Requirement Under Section 35F of the Central Excise Act, 1944 Mandatory for Entertaining Appeals, or Can It Be Waived for Financial Hardship? — Existing Precedent Affirmed as Binding Authority

The Calcutta High Court has reaffirmed that the pre-deposit requirement under Section 35F is mandatory for the maintainability of appeals and cannot be waived merely on account of business losses or asserted inability to pay. The Court underscores that financial hardship does not per se qualify as grounds for relaxation unless statutory exemptions or insolvency […]

LawSikho
October 30, 2025
3 Mins Read
48 Views
0 Comments

Is the Non-Seizure of a Suicide Note and Delay in Forensic Examination of Seized Mobile Phones Justiciable by Writ Petition Under Ongoing Investigation?

Court holds that writ petitions challenging the progress of criminal investigation become infructuous where the investigating authority demonstrates subsequent compliance with prayer for seizure and examination. Reinforces limits on judicial intervention during police investigation, upholding existing precedent; serves as binding authority for future cases within the jurisdiction of the Calcutta High Court. Summary Category […]

LawSikho
October 30, 2025
1 Min Read
70 Views
0 Comments

Does Withdrawal of a Civil Revisional Petition Before the Calcutta High Court Lead to Any Clarification or Change in the Applicable Procedural Principles?

Where a civil revision petition is withdrawn by the petitioner without adjudication on merits, the court’s order of dismissal as withdrawn does not clarify, modify, or set new precedent in procedural or substantive law. Such orders do not affect the legal position regarding civil revision nor operate as binding or persuasive authority in future cases. […]

LawSikho
October 30, 2025
4 Mins Read
80 Views
0 Comments

When Will High Courts Decline Writ Relief in Property Disputes Pending Before Civil Courts?

Clear Reiteration: If an ongoing civil suit addresses the property dispute, and the writ petitioner has not disclosed the same, the High Court will decline intervention under Article 226, especially where civil remedies have been invoked; this principle reaffirms existing precedent and is binding on subordinate courts dealing with civil vs. writ jurisdiction in property […]

LawSikho
October 30, 2025
4 Mins Read
96 Views
0 Comments

Can a Public Interest Litigation Be Entertained When Petitioners Do Not Challenge Official Reports and No Public Interest Is Established? – Affirmation of Existing Precedent

Calcutta High Court reiterates that in the absence of rebuttal to official reports and affidavits, and where genuine public interest is missing, a PIL is liable to dismissal; affirms established law regarding maintainability of PILs and burden on petitioners. Applicable across land use and public interest dispute scenarios; binding within West Bengal. Summary Category […]

LawSikho
October 30, 2025
6 Mins Read
76 Views
0 Comments

When Can Conviction under Section 307 IPC be Reduced to Section 324 IPC Due to Absence of Intent or Knowledge to Commit Murder?

The Calcutta High Court held that unless the specific intention or knowledge required for Section 307 IPC is proved, conviction should be scaled down to Section 324 IPC even if grievous hurt is established. This decision narrows the scope for application of Section 307 IPC and upholds the requirement that intent or knowledge to cause […]

LawSikho
October 30, 2025
6 Mins Read
60 Views
0 Comments

Does Lack of Independent Witnesses and Complainant-led Investigation Vitiate Criminal Trials Under the Essential Commodities Act?

The Court held that where the complainant is also the investigating officer and no independent witnesses are examined in support of seizure, serious prejudice is caused to the accused, and the prosecution case may fail for lack of fair and impartial investigation. The judgment follows the approach in Mukesh Singh (2020) and distinguishes Mohan Lal […]

LawSikho
October 30, 2025
3 Mins Read
76 Views
0 Comments

Whether Omnibus Allegations Justify Quashing Proceedings Against Relatives Under Sections 85/316(2) of BNS, 2023?

The Calcutta High Court clarifies that criminal proceedings under Sections 85/316(2) of the Bharatiya Nyaya Sanhita, 2023, may be quashed against relatives like parents-in-law when allegations are general and not specifically supported by evidence, while proceedings against the primary accused (husband) should continue if serious allegations exist. This upholds existing precedent and provides binding authority […]

LawSikho
October 30, 2025
2 Mins Read
56 Views
0 Comments

Does an Order of Voluntary Withdrawal of a Writ Petition Under Article 226 Decide Any Legal Principle or Create Binding Precedent for Future Compensation Disputes Against State Action?

Where a writ petition seeking mandamus and quashing of a government order is withdrawn by the petitioner before adjudication on merits, the High Court’s dismissal as withdrawn establishes no new legal principle, is not binding on future cases, and does not disturb existing precedent governing compensation claims in land acquisition or resettlement matters. Summary […]

LawSikho
October 30, 2025
3 Mins Read
114 Views
0 Comments

# Can Proceedings Under Section 67 of the IT Act Be Quashed Based on Compromise Even if the Offence Is Non-Compoundable? (Clarifies and Affirms the Court’s Inherent Powers to Quash Non-Compoundable Offences on Private Settlement; Binding Authority for Uttarakhand Subordinate Courts)

The High Court reaffirmed that proceedings under Section 67 of the Information Technology Act, 2000, though non-compoundable, can be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the dispute is resolved amicably and justice will be served; the judgment upholds existing precedent and is binding for courts in Uttarakhand. Summary […]