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

LawSikho
October 30, 2025
2 Mins Read
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Can a High Court Dismiss a Writ Petition as Infructuous When the Petitioner’s Grievance is Already Redressed?

Clarifying the Court’s Approach to Writ Petitions Rendered Infructuous and Its Reaffirmation of Established Procedure Summary Category Data Case Name WPMB/900/2025 of MS PRAMOD KUMAR GOVT CONTRACTOR AND GENERAL ORDER SUPPLIER Vs STATE OF UTTARAKHAND CNR UKHC010167042025 Date of Registration 16-10-2025 Decision Date 28-10-2025 Disposal Nature DISPOSED Judgment Author HON’BLE MR. JUSTICE RAVINDRA MAITHANI, […]

LawSikho
October 30, 2025
3 Mins Read
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When Can a Writ Petition Be Dismissed as Infructuous Upon Voluntary Compliance With the Impugned Order?

The High Court reaffirmed that where a petitioner has already complied with the impugned transfer order and seeks to withdraw the writ petition, the matter is dismissed as infructuous. This practice is in line with prior judicial treatment of such circumstances and serves as binding authority only on the facts, carrying limited precedential weight for […]

LawSikho
October 30, 2025
5 Mins Read
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Can Service Rendered in Non-Provincialised Bodies Like FFDA, When Regularised Before 01.04.2003, Be Counted as Qualifying Service for Pensionary Benefits?

The Madras High Court has affirmed that services rendered in non-provincialised government bodies, if regularised prior to 01.04.2003, must be counted (at least half) towards pensionary benefits under the Tamil Nadu Pension Rules, 1978. This ruling reinforces the Full Bench decision in R.Kaliyamoorthy (2019), mandates the extension of such benefit to all similarly situated employees, […]

LawSikho
October 30, 2025
2 Mins Read
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Can a High Court Dismiss a Writ Petition as Infructuous When the Grievance Has Already Been Redressed?

When the relief sought in a writ petition has already been provided, the High Court may dismiss the petition as infructuous; this judgment aligns with existing precedent, reaffirming binding practice for courts within Uttarakhand and providing persuasive value elsewhere. Summary Category Data Case Name WPMB/902/2025 of MS PRAMOD KUMAR GOVT CONTRACTOR AND GENERAL ORDER […]

LawSikho
October 30, 2025
1 Min Read
90 Views
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Can a Criminal Revision Petition Be Withdrawn Unilaterally by the Petitioner Before Final Hearing in the High Court?

The High Court affirmed the petitioner’s right to withdraw a criminal revision petition before final adjudication, without addressing any substantive legal question. The judgment does not create or overrule precedent, and its practical utility is limited to procedural withdrawal of pending petitions. Summary Category Data Case Name CR.R/250/2014 of BACHITTER SINGH Vs STATE OF […]

LawSikho
October 30, 2025
3 Mins Read
92 Views
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When Does a Writ Petition Become Infructuous and Get Dismissed Without Adjudication on Merits?

The High Court of Uttarakhand reaffirms that if, during the pendency of a writ petition, the petitioner’s grievance is resolved, the petition is to be dismissed as infructuous rather than adjudicated on merits. This follows existing precedent and stands as binding authority for all subordinate courts and persuasive authority in other jurisdictions. Summary Category […]

LawSikho
October 30, 2025
4 Mins Read
90 Views
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Can Procedural Deadlines for Closing Evidence Be Relaxed When Medical Grounds Cause Unavoidable Delay? – Clarification and Reaffirmation of Discretion in Procedural Law Under Article 227, Constitution of India

The High Court clarified that procedural law serves the cause of justice and should not defeat substantive rights where unavoidable medical circumstances are present and duly substantiated; thus, denial of opportunity to present evidence due to genuine medical incapacity, without proper judicial consideration, amounts to prejudice. This judgment reaffirms settled law and can be used […]

LawSikho
October 30, 2025
4 Mins Read
86 Views
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Can Additional Evidence Be Permitted at a Late Stage Without Specific Disclosure? Punjab and Haryana High Court Upholds Strict Approach to Late Applications Under Article 227

The High Court of Punjab and Haryana reaffirmed that courts may rightly reject applications for leading additional evidence at an advanced stage of trial if the applicant does not clearly disclose what evidence is sought to be produced and has already been afforded adequate opportunities. This judgment upholds the prevailing procedural norm and serves as […]

LawSikho
October 30, 2025
4 Mins Read
80 Views
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Does Interim Anticipatory Bail Under Section 482(2) BNSS Become Absolute Upon Compliance With Investigation Directives? — Clarification by Punjab & Haryana High Court

Anticipatory bail granted on interim basis under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, was made absolute as the petitioner joined investigation and custodial interrogation was found unnecessary. The Court clarified conditions and scope, affirming established law and providing binding authority for anticipatory bail jurisprudence under BNSS. Summary Category Data Case Name CRM-M/53206/2025 […]

LawSikho
October 30, 2025
3 Mins Read
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Can Pre-arrest Bail Under Section 482 of BNSS, 2023 Be Made Absolute After Interim Protection—And What Are Its Statutory Limits?

The High Court clarified that pre-arrest bail granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, may be made absolute following cooperation in the investigation, but such relief is not a blanket or indefinite protection and is strictly confined to the specific FIR. This decision upholds current legal standards and clarifies conditions for […]

LawSikho
October 30, 2025
4 Mins Read
90 Views
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Does Non-Impleadment of a Necessary Party (Co-Owner) Bar Relief in a Suit for Declaration and Permanent Injunction? Clarification on Necessity of All Co-Owners in Partition/Title Suits

The High Court reaffirms that failure to implead all co-owners as parties—especially where a co-owner’s share is directly involved—precludes grant of declaratory or injunctive relief; existing precedent upheld, and no new substantial question of law recognized. This ruling serves as binding precedent within Punjab and Haryana for title and possession suits involving co-ownership. Summary […]

LawSikho
October 30, 2025
2 Mins Read
78 Views
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Does Prolonged Non-appearance of the Petitioner Mandate Dismissal of Writ Petitions for Want of Prosecution?

The Punjab and Haryana High Court reaffirms that a writ petition may be dismissed for want of prosecution where the petitioner repeatedly fails to appear, particularly after specific notice that no further adjournments will be granted. This judgment reiterates existing judicial practice and serves as binding authority within the High Court’s jurisdiction. Summary Category […]