Deputy Registrar Of Chits Competent To Act As Arbitrator And Issue Recovery Certificates; Not Limited To Registrar Alone: Telangana High Court Custody With Biological Mother Presumed Lawful; Writ Of Habeas Corpus Not A Remedy To Enforce Foreign Court’s Return Orders: Bombay High Court Ocular Testimony Of Victim Prevails Over Medical Evidence In Rape Cases If Found Credible: Allahabad High Court Condonation Of Delay Should Follow Justice-Oriented Liberal Approach, Unintentional Delay Shouldn't Block Justice: Calcutta High Court Digital Banking Fraud: Clicking Suspicious Links Constitutes Customer Negligence; Liability Cannot Be Fastened On Bank Without Forensic Evidence: Delhi High Court Vexatious Matrimonial Complaints Filed As Counterblast To Divorce Is Abuse Of Process; Allegations Against In-Laws Must Be Specific: Gujarat High Court Sale Deed Executed By Son During Father's Lifetime Based On Manipulated Records Is Void Ab Initio: Karnataka High Court Charge Sheet E-Filed After Court Hours Deemed Filed Next Day; Accused Entitled To Default Bail: Kerala High Court Landowners Can't Use Antedated Stamp Papers To Defeat Ceiling Limits; Section 22 Land Reforms Act Prevails Over Registration Act: Madras High Court Rajasthan High Court Orders Tehsildar To Personally Pay ₹2 Lakh Compensation For 53-Day Illegal Detention Despite Suspension Of Sentence Mere Existence Of Dargah Doesn't Grant Jurisdiction To Waqf Board; Statutory Survey Under Sections 4 & 5 Is Mandatory: Madras High Court Delhi High Court Sets Aside Interim Stay On Delhi Race Club Eviction; Says Courts Can't Halt Statutory Proceedings Without Recording Finding On Prima Facie Case

(1) DALJIT KAUR AND OTHERS ...PETITIONERS Vs. STATE OF PUNJAB AND OTHERS ...RESPONDENTS D.D 08/11/2021

Service Law – Selection Criteria – Elementary Trained Teachers (ETT) – Challenge to the selection criteria for ETT posts, which awarded additional marks for higher qualifications – Petitioners argued this was contrary to the Service Rules which mandate selection based solely on written test scores – Court held that the criteria violated Rule 6(4) of the 2018 Service R...

PUNJAB AND HARYANA # CWP No. 3363 of 2021 Docid 2021 LEJ Civil PH 90

(2) AMANPREET KAUR BALE ...PETITIONER Vs. STATE OF PUNJAB AND OTHERS ...RESPONDENTS D.D 03/11/2021

Habeas Corpus – Child Custody – Legal and Proper Detention – Petition for habeas corpus seeking release of minor son aged 14 years – Child living with grandfather and uncle since birth – Court held writ of habeas corpus maintainable only if custody is illegal or improper – Direct interaction with the child showed he was happy living with his grandfather and did ...

PUNJAB AND HARYANA # CRWP No. 10366 of 2021 Docid 2021 LEJ Civil PH 46

(3) EDELWEISS ASSET RECONSTRUCTION COMPANY LTD. ...PETITIONER Vs. STATE OF PUNJAB AND OTHERS ...RESPONDENTS D.D 26/10/2021

Stamp Duty – Assessment and Recovery – Jurisdiction and Limitation – Petitioner filed writ petitions against the State for initiating recovery of deficient stamp duty on assignment deeds registered in 2016. Revenue authorities claimed the deeds were conveyance deeds and insufficiently stamped. Petitioner contended that action was barred by limitation under Section 47-A of the Ind...

PUNJAB AND HARYANA # CIVIL WRIT JURISDICTION CIVIL WRIT PETITION NO. 13346 OF 2020 With CIVIL WRIT PETITION NO. 5836 OF 2021 With CIVIL WRIT PETITION NO. 13762 OF 2021 Docid 2021 LEJ Civil PH 86

(4) RAJ PAL ...PETITIONER Vs. STATE OF HARYANA AND ANOTHER ...RESPONDENTS D.D 25/10/2021

Negotiable Instruments – Section 138 Conviction – Compromise – Conviction under Section 138 of the Negotiable Instruments Act – Petitioner sentenced to rigorous imprisonment and compensation – Appeal dismissed – During revision, parties reached a compromise – Court observed that as the offence is compoundable and the compromise is bona fide, the conviction...

PUNJAB AND HARYANA # CRR No. 846 of 2021 Docid 2021 LEJ Crim PH 78

(5) HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED...APPELLANT Vs. MAHENDER SINGH AND OTHERS...RESPONDENTS D.D 14/10/2021

Land Acquisition – Assessment of Market Value – Challenge to market value assessment for different parcels of land in the same village acquired at different times – Previous Supreme Court assessments not automatically applicable – Market value to be determined based on the date of the Section 4 notification and contemporaneous sale exemplars – Comparable sale deeds of...

PUNJAB AND HARYANA # RFA No. 684 of 2021 (O&M) Docid 2021 LEJ Civil PH 81

(6) NAVNEET KAUR ...PETITIONER Vs. STATE OF PUNJAB AND OTHERS ...RESPONDENTS D.D 13/10/2021

Constitutional Law – Habeas Corpus – Child Custody – Petition under Article 226 for habeas corpus seeking custody of minor child – Petition resisted due to the petitioner’s treatment for personality disorder and availability of alternative remedy under the Guardians and Wards Act – Court held that while habeas corpus is maintainable for child custody, the detail...

PUNJAB AND HARYANA # CRWP No. 281 of 2021 Docid 2021 LEJ Civil PH 16

(7) ROHIT JOSHI @ BAMAN ...PETITIONER Vs. STATE OF PUNJAB ...RESPONDENT D.D 12/10/2021

Criminal Procedure – Regular Bail – NDPS Act – Non-compliance with Section 42 – Petitioner, arrested for possession of 1 kg of heroin and a pistol, sought bail citing non-compliance with Section 42 of the NDPS Act – Court noted failure to document and communicate secret information as required – Bail granted, recognizing potential document fabrication and extend...

PUNJAB AND HARYANA # CRIMINAL MISCELLANEOUS NO. 41977 OF 2021 Docid 2021 LEJ Crim PH 31

(8) MANJU BAGRI AND OTHERS ...PETITIONERS Vs. STATE OF HARYANA ...RESPONDENT D.D 08/10/2021

Criminal Procedure – Anticipatory Bail – Multiple FIRs – Modification of Bail Conditions – Petitioners, on anticipatory bail in seven FIRs, were ordered by the Trial Court to furnish two sureties each for every FIR – High Court held this requirement highly onerous – Directed that two sureties each for all seven FIRs would suffice – Relied on Supreme Court ...

PUNJAB AND HARYANA # CRIMINAL MISCELLANEOUS NO. 42356 OF 2021 Docid 2021 LEJ Crim PH 66

(9) ANKIT ...PETITIONER Vs. STATE OF HARYANA ...RESPONDENT D.D 08/10/2021

Juvenile Justice – Bail – Juvenile not named in FIR – Co-accused’s disclosure – Impugned orders rejecting bail lacked reference to social background report – Bail allowed – Held, both impugned orders failed to reference or consider the social background report – Courts below based rejection on surmises and conjectures without fulfilling the statutory...

PUNJAB AND HARYANA # CRIMINAL REVISION NO. 1151 OF 2021 Docid 2021 LEJ Crim PH 49