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

LawSikho
October 30, 2025
4 Mins Read
90 Views
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When Is a Regional Transport Authority Required to Consider and Decide Temporary Permit Applications for Stage Carriages in Defaulted Vacancies?

Kerala High Court reiterates that upon receipt of a temporary permit application to operate a stage carriage in a defaulted vacancy, the Regional Transport Authority must consider and decide the application expeditiously—without prejudice to the rights of the regular permit holder and any other better claimant. This judgment affirms existing precedent and serves as binding […]

LawSikho
October 30, 2025
5 Mins Read
110 Views
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Can Qualifying Past Service in Non-Provincialised Agencies Be Counted for Pension When Regularisation Occurred Before 01.04.2003? Madras High Court Affirms Applicability of R.Kaliyamoorthy and Ensures Equality in Service Benefits

Madras High Court clarifies that, in line with the Full Bench decision in R.Kaliyamoorthy, service rendered in non-provincialised entities like FFDAs, when regularised prior to 01.04.2003, must be counted for pension. The judgment explicitly applies the principle of equality for similarly placed employees and overrules a previous single judge decision to the contrary. Serves as […]

LawSikho
October 30, 2025
7 Mins Read
78 Views
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Can Income from Perks and Allowances Be Included in Compensation Calculations under the Motor Vehicles Act? — Madras High Court Upholds Expanded Interpretation and Adjusts Principles for Loss of Income

Madras High Court clarifies that for loss of income computation in fatal motor accident claims, allowances such as House Rent Allowance, Leave Travel Allowance, Medical Allowance, and Car Lease Allowance must be included, while Special/Conveyance Allowances are to be excluded. The Court modifies prior compensation principles, aligning with recent Supreme Court dicta, and partially allows […]

LawSikho
October 30, 2025
5 Mins Read
88 Views
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Does Outsourced Contractual Service Confer a Right to Regularisation or Continuation When Regular Recruitment is Complete? – Uttarakhand High Court Reaffirms Precedent

Regularisation claims by UPNL-outsourced employees stand rejected; the court upholds prior precedent that contractual or casual service through outsourcing does not create vested rights against regularly selected candidates. Affirms and follows existing law, binding on subordinate courts handling employment/service matters. Summary Category Data Case Name WPSS/1219/2025 of PANKAJ PRASAD Vs STATE OF UTTARAKHAND CNR […]

LawSikho
October 30, 2025
3 Mins Read
90 Views
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Can Matrimonial Offence Proceedings be Quashed Under Section 528 BNSS When Parties Settle Amicably?

The Uttarakhand High Court has affirmed that criminal proceedings arising out of matrimonial disputes, including charges under Section 498A IPC and provisions of the Dowry Prohibition Act, can be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when both parties have voluntarily settled and request compounding. This judgment upholds existing precedent and […]

LawSikho
October 30, 2025
4 Mins Read
98 Views
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Can Proceedings Under IPC Section 376 and POCSO Be Quashed Upon Mutual Settlement and Continued Matrimonial Cohabitation?

The Uttarakhand High Court held that, despite the non-compoundable nature of offences under IPC Section 376 and POCSO, where the accused and victim are now married, cohabiting, and have a child, inherent judicial powers may be exercised to quash proceedings to serve the ends of justice. The decision upholds the principle of complete justice, setting […]

LawSikho
October 30, 2025
4 Mins Read
84 Views
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Does the High Court Permit Revocation Applications After GST Registration Cancellation If Dues Are Cleared? – Precedent Affirmed by Uttarakhand High Court

The Uttarakhand High Court reiterated that applications for revocation of GST registration cancellations must be permitted if the taxpayer is willing to clear outstanding tax, interest, and late fees. Existing law is affirmed, providing binding authority for all subordinate courts in the state and strong persuasive value elsewhere. Summary Category Data Case Name WPMB/870/2025 […]

LawSikho
October 30, 2025
2 Mins Read
88 Views
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Is a Writ Petition Challenging Criminal Proceedings Maintainable After Filing of the Charge-Sheet? Reaffirmation of Infructuousness in Pending Criminal Process

The High Court has clarified that writ petitions challenging criminal proceedings become infructuous upon the filing of the charge-sheet. This judgment upholds established legal procedure, confirming that once a charge-sheet is filed, such petitions lose their relevance. The ruling reaffirms existing precedent and serves as binding authority for future cases in similar procedural circumstances in […]

LawSikho
October 30, 2025
1 Min Read
64 Views
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Does Dismissal of a Writ Petition Seeking Relief Against a Government Construction Agency Uphold Existing Judicial Precedent on Judicial Interference in Government Contractual Matters?

The court reaffirmed existing legal principles that restrict judicial intervention in disputes involving government contracts, dismissing the writ petition. This decision upholds settled law and maintains the non-interference stance of courts in contractual matters involving government agencies. The judgment serves as binding precedent for subordinate courts within the Sikkim jurisdiction. Summary Category Data Case […]

LawSikho
October 30, 2025
2 Mins Read
52 Views
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Does Dismissal for Want of Prosecution Create Precedent on Substantive Legal Issues?

Courts confirm that dismissal of a case for want of prosecution does not make any pronouncement on the legal questions raised in the petition. Such dismissal neither affirms nor overrules substantive legal principles and carries no binding precedential value for future cases across any sector or industry. Summary Category Data Case Name CRM-M/43835/2024 of […]

LawSikho
October 30, 2025
6 Mins Read
94 Views
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Can Bail Be Granted Under Section 37 of the NDPS Act Due to Delay in Trial? Precedential Shift in Balancing Fundamental Rights and Statutory Embargo

The Punjab and Haryana High Court, affirming and applying recent Supreme Court and High Court judgments, has held that prolonged pre-trial incarceration — not attributable to the accused — can justify overriding the statutory restrictions under Section 37 of the NDPS Act and grant of bail, firmly embedding the right to speedy trial under Article […]

LawSikho
October 30, 2025
3 Mins Read
64 Views
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Can an Applicant Who Wrongly Claims Reservation in a Recruitment Process Later Seek Appointment Under the General Category? High Court of Punjab & Haryana Reaffirms No Provision for Post-Facto Change in Reserved Category Claims — Selection Cancellation Upheld, Binding Authority for Recruitment Challenges

Applicants who apply under an incorrect reserved category in government recruitment, and are later found ineligible for that reservation, cannot demand appointment under the general category. The Punjab & Haryana High Court reiterates existing precedent, holding that such errors are attributable solely to the candidate and that there is no provision for changing category after […]