Dismissal Of Suit For Default Doesn't Bar Fresh Partition Suit As Cause Of Action Is Recurring; Second Rejection Of Plaint Application Barred By Res Judicata: Telangana High Court Married Daughter Entitled To Appointment As Fair Price Shop Dealer On Compassionate Grounds; Marital Status No Bar: Allahabad High Court Finding Of Title Cannot Be Recorded In Injunction Simpliciter Suit Absent Specific Pleadings & Issues: Andhra Pradesh High Court Conviction Not A Condition Precedent For Confiscation Of Vehicle Used In Forest Offence: Bombay High Court Advocate’s Professional Call To Client No Proof Of Conspiracy; Sterling Evidence Like CCTV Can Justify Quashing FIR: Gujarat High Court Revenue Entries Changed Without Notifying Affected Parties Are Void; High Court Can Upset Perverse Findings In Second Appeal: Himachal Pradesh HC Mandatory Injunction For Removing Sunshades Or Closing Windows Cannot Be Granted If No Encroachment Is Proved: Karnataka High Court Employer Cannot Resume Work Through Third Parties Until 30-Day Period For Contractor’s Post-Termination Compliance Expires: Madras High Court Circumstantial Chain Fails If Prosecution Doesn't Rule Out Accidental Death: Madhya Pradesh High Court Acquits Two In Murder Case Wife’s Status As Practicing Lawyer Or Professional Qualification No Absolute Bar To Grant Of Interim Maintenance: Orissa High Court Legally Wedded Wife And Second Wife Entitled To Equal Share In Family Pension If Second Wife Was Nominated & Cared For Deceased: Andhra Pradesh High Court Specific Performance Suit Filed At The Fag End Of Limitation Reflects Lack Of Readiness And Willingness: Supreme Court Specific Performance Cannot Be Granted If Plaintiff Fails To Prove Financial Readiness At Relevant Time Of Transaction: Supreme Court MACT |Just Compensation For Deceased Professional Students Must Reflect Future Career Trajectory: Supreme Court Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court Family Courts Duty-Bound To Declare Marital Status In Mutual Consent Muslim Divorces Even If Wife Admits Divorce: Gujarat High Court Allottee’s Right To Interest For Delayed Possession Under Section 18 RERA Is Absolute; Not Fettered By Section 55 Contract Act: Bombay High Court Sentencing Not A Purely Retributive Exercise Divorced From Factual Matrix: Supreme Court Reduces Jail Term Of Man Who Forged Bail Documents

(1) MANISH CHADHA ..... Petitioner Vs. STATE GOVT OF NCT AND ORS ..... Respondents D.D 04/01/2023

Transfer of Investigation – Denial of Transfer to CBI – Petitioner's request for transfer of investigation to CBI in a case involving allegations of assault, gang rape, and death of petitioner’s mother denied – Court found that the police and trial court had adequately addressed the concerns raised, with further investigation directed by the trial court where necessary....

DELHI # W.P.(CRL) 1796/2022 CRL.M.A. 22635/2022 Docid 2024 LEJ Crim Del 31

(2) ANITA DEVI & ORS. ……………… Appellants Vs. UNION OF INDIA ……………. Respondent D.D 04/01/2023

Railways Claims Tribunal Act – Appeal against RCT decision – Claim for compensation for the death of a passenger in a railway accident – RCT’s decision based on the location of the deceased’s body and nature of injuries – Appeal allowed and compensation awarded. [Para 1, 7-14]   Factual Matrix – Deceased's accidental fall from a train and su...

DELHI # FAO 169/2022 Docid 2024 LEJ Civil Del 91

(3) RAJBIR ...Appellant ROSHAN LAL ...Appellant Vs. STATE OF HARYANA ...Respondent STATE OF HARYANA ...Respondent D.D 01/01/2023

Criminal Law – NDPS Act – Procedural Violations – Appeals against conviction under Section 15 of NDPS Act – Prosecution failed to comply with Sections 52 and 52A – Samples not produced before magistrate for certification – Appellants not informed of arrest grounds – Mandatory procedural breaches caused serious prejudice – Appeals allowed, convictions...

PUNJAB AND HARYANA # CRA-S No. 1700-SB of 2002 CRA-S No. 1719-SB of 2002 Docid 2023 LEJ Civil PH 24

(4) SUNIL SACHDEVA ...PETITIONER Vs. RASHMI AND ANOTHER ...RESPONDENTS D.D 23/12/2022

Criminal Procedure - Maintenance - Section 125 CrPC - Petition challenging maintenance granted to wife after 13 years of compromise and lump sum alimony - Held, petition under Section 125 CrPC justified to maintain wife and daughter for a respectable life - Filing of maintenance petition not misuse of process of law - Petition dismissed. [Para 14]   Financial Condition and Employment - ...

PUNJAB AND HARYANA # CRIMINAL MISCELLANEOUS JURISDICTION CRM-M No. 5732 of 2017 (O&M) Docid 2022 LEJ Crim PH 87

(5) LALITA ...PETITIONER Vs. STATE OF HARYANA AND OTHERS ...RESPONDENTS D.D 21/12/2022

Service Law - Regular Appointment - Delay in Verification - Writ petition for regular appointment benefits from date of appointment - Petitioner appointed as PGT Home Science on regular basis, but benefits not given due to delay in experience certificate verification - Held, petitioner entitled to benefits of regular employee - Delay attributable to Department, not petitioner - Petitioner to be tr...

PUNJAB AND HARYANA # CIVIL WRIT PETITION JURISDICTION CWP No. 2911 of 2023 Docid 2022 LEJ Civil PH 90

(6) SANJEEV KUMAR ...PETITIONER Vs. STATE OF HARYANA ...RESPONDENT D.D 19/12/2022

Negotiable Instruments Act - Quashing of FIR - Complaint case under Section 138 NI Act - Petitioner declared proclaimed offender for non-appearance; FIR registered under Section 174-A IPC - Main dispute settled via compromise - Held, continuation of proceedings under Section 174-A IPC post-compromise is abuse of process of law - FIR and all subsequent proceedings quashed. [Para 13]   Ma...

PUNJAB AND HARYANA # CRIMINAL MISCELLANEOUS JURISDICTION CRM-M No. 59270 of 2022 Docid 2022 LEJ Crim PH 46

(7) BABU LAL ...PETITIONER Vs. RAHUL ...RESPONDENT D.D 16/12/2022

Landlord-Tenant Law - Eviction for Bona Fide Requirement - Revision petition by tenant against eviction - Landlord sought eviction for personal use of premises for office, workshop, and training room - Held, bona fide requirement established as landlord had no other suitable premises in the urban area - Terms 'possession' and 'occupation' are distinct; mere possession does not disq...

PUNJAB AND HARYANA # CRIMINAL REVISION JURISDICTION CR No. 3550 of 2022 Docid 2022 LEJ Crim PH 26

(8) THE TEHSILDAR KHARKHODA, DISTRICT SONIPAT AND OTHERS …APPELLANT(S) Vs. KARAMBIR …RESPONDENT(S) D.D 15/12/2022

Service Law - Regularization of Employment - Notification Applicability - Appeal challenging regularization of a part-time employee dismissed - Suit filed for regularization of services as Sweeper-cum-Chowkidar based on Haryana Government Notification dated 01.10.2003 - Both lower courts found the plaintiff eligible under the notification as he was appointed against a sanctioned post and served du...

PUNJAB AND HARYANA # REGULAR SECOND APPEAL NO. 232 OF 2017 Docid 2022 LEJ Civil PH 46

(9) DR. NISHA KUMARI ...PETITIONER Vs. PT B.D. SHARMA UNIVERSITY OF HEALTH SCIENCES, ROHTAK THROUGH ITS REGISTRAR AND OTHERS ...RESPONDENTS D.D 15/12/2022

Locus Standi - Disciplinary Proceedings - Writ of Quo Warranto - Petition by a third party challenging the order of the Chancellor of the University dropping disciplinary proceedings against a professor - Held, the petitioner, being a stranger to the disciplinary proceedings, has no locus standi to question the order - Writ of quo warranto not maintainable for challenging orders of a statutory aut...

PUNJAB AND HARYANA # CIVIL WRIT PETITION JURISDICTION CWP No. 28949 of 2022 Docid 2022 LEJ Civil PH 77