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

(1) ANKIT AND OTHERS …Petitioners Vs. STATE OF HARYANA …Respondent D.D 02/03/2022

Criminal Law – Unnatural Offence and Aggravated Sexual Assault – Sections 377 IPC and 10 POCSO Act – Conviction based on minor victim’s testimony – Section 377 attracted where penetration occurs on any part of the body, predominant intent must be sexual – Absence of external injury marks on the victim’s body not sufficient to disprove the offence – V...

PUNJAB AND HARYANA # CRIMINAL REVISION NO. 121 OF 2022 Docid 2022 LEJ Crim PH 42

(2) HAZARA SINGH …PETITIONER Vs. BHAGWANTI AND OTHERS …RESPONDENTS D.D 25/02/2022

Civil Procedure - Rejection of Plaint – Civil Revision against Trial Court's Order dismissing application for rejection of suit under Order VII, Rule 11 CPC – Suit challenging decree dated 20.05.1986 alleging fraud and claiming coparcenary rights under amended Section 6 of the Hindu Succession Act – High Court holds no existing coparcenary post-severance of shares in 1986 dec...

PUNJAB AND HARYANA # CIVIL REVISION JURISDICTION CIVIL REVISION NO. 2558 OF 2021 Docid 2022 LEJ Civil PH 13

(3) HARBHAJAN SANDHU …Petitioner Vs. STATE OF PUNJAB AND ANOTHER …Respondents D.D 23/02/2022

Criminal Law – Abetment to Suicide – Sections 34, 306 IPC – Petition to Quash FIR – Alleged abetment by threats in February 2019, suicide in May 2019 – Necessity of proximate and live link between threats and suicide – No evidence of contact or threats post-February 2019 – FIR quashed as no direct or indirect act of instigation proven. [Paras 1-27] &nbs...

PUNJAB AND HARYANA # CRIMINAL MISCELLANEOUS PETITION NO. 34495 OF 2021 Docid 2022 LEJ Crim PH 74

(4) PARMOD …Petitioner Vs. STATE OF HARYANA AND OTHERS …Respondents D.D 22/02/2022

  Constitutional Law – Premature Release of Convict – Articles 14, 226 – IPC Sections 302, 452, 34 – Cr.P.C. Sections 432, 433 – Conviction post-policy change – Determination of applicable policy for premature release – Policy at the time of conviction to be applied – Policy dated 13.08.2008 applicable for conviction in 2009, superseding earl...

PUNJAB AND HARYANA # CRIMINAL WRIT PETITION NO. 1393 OF 2019 Docid 2022 LEJ Crim PH 43

(5) GARJA SINGH ...Petitioner Vs. ORCHID SPACE DESIGN LLP THROUGH ITS PARTNER AND OTHERS ...Respondents D.D 22/02/2022

Partition Law – Mode of Partition – Civil Revision Petition against the trial court's order rejecting the Local Commissioner’s report and appointing a new Local Commissioner – Trial court’s action of reopening the determination of ownership shares and inviting evidence on the same issue – Held, improper and contrary to established legal principles – Tr...

PUNJAB AND HARYANA # CIVIL REVISION NO. 543 OF 2022 (O&M) Docid 2022 LEJ Civil PH 79

(6) TAJINDER SINGH @ TAJINDERPAL SINGH …Petitioner Vs. STATE OF PUNJAB …Respondent D.D 21/02/2022

Criminal Law – Anticipatory Bail – Sections 420, 120-B IPC – Section 438 Cr.P.C. – Petitioner, a deed writer, accused in a case involving a fraudulent agreement to sell – Petitioner not a party to the sale – Alleged transaction involved misrepresentation by sellers – Held: Anticipatory bail granted as custodial interrogation not required – Questions ...

PUNJAB AND HARYANA # CRIMINAL MISCELLANEOUS PETITION NO. 7082 OF 2022 Docid 2022 LEJ Crim PH 39

(7) AKSHITA SINGH …APPELLANT Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 18/02/2022

Education Law - Revaluation and Grace Marks - MBBS Examination - LPA challenging denial of grace marks and revaluation request - National Medical Commission Regulations and University Ordinance - Appellant's failure in two subjects - Held, university can award up to 5 grace marks only if the student has failed in one subject and passed all others. - In this case, appellant failed in two subjec...

PUNJAB AND HARYANA # LETTERS PATENT APPEAL NO. 140 OF 2022 Docid 2022 LEJ Civil PH 93

(8) RUKSAD …Appellant Vs. STATE OF HARYANA …Respondent D.D 17/02/2022

Juvenile Justice – Bail – Section 12 JJ Act – Bail to Juvenile Rule, Exceptions Narrow – Juvenile in conflict with law entitled to bail unless falling under specific exceptions – No specific role or injury attributed to appellant – Appellant in custody since 24.07.2019 – Trial likely to be prolonged – Co-accused granted bail – Held: Bail grante...

PUNJAB AND HARYANA # CRIMINAL APPEAL NO. 253 OF 2022 Docid 2022 LEJ Crim PH 35

(9) TARSEM LAL …PETITIONER Vs. DIRECTOR, RURAL DEVELOPMENT AND PANCHAYAT DEPARTMENT & ORS. …RESPONDENTS D.D 16/02/2022

Land Law - Ownership Dispute - Writ Petition under Article 226 - Petitioner sought to quash the orders dismissing his petition and statutory appeal under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961. The petitioner claimed ownership and possession of Nazul land as a successor by will, whereas the Gram Panchayat asserted ownership per Jamabandi for the year 2004-2005. The Co...

PUNJAB AND HARYANA # CIVIL WRIT JURISDICTION CWP NO. 6780 OF 2022 Docid 2022 LEJ Civil PH 79