(1)
PARDEEP SINGH ...PETITIONER Vs.
STATE OF PUNJAB AND ANOTHER ...RESPONDENTS D.D
08/10/2021
Criminal Procedure – Quashing of FIR – Reinvestigation – Magistrate’s Authority – Petition under Section 482 Cr.P.C. to quash FIR No. 135 dated 13.08.2011 – FIR quashed as Magistrate could not reject cancellation report repeatedly on the same grounds and order reinvestigation – Emphasized that if Magistrate disagreed with the closure report, he should take...
(2)
HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION ...APPELLANT Vs.
OM DUTT AND OTHERS ...RESPONDENTS D.D
07/10/2021
Land Acquisition – Market Value Assessment – Uniformity – Appellant challenged the assessment of market value for a narrow strip of land acquired for a road – Reference Court’s reliance on sale exemplars and judicial determinations questioned – High Court held that sale exemplars are more reliable than judicial determinations, which can vary based on evidence &n...
(3)
PARVEEN KAUR AND ANOTHER ...PETITIONERS Vs.
STATE OF PUNJAB AND OTHERS ...RESPONDENTS D.D
07/10/2021
Constitutional Law – Protection of Life and Liberty – Live-in Relationship – Article 226 of the Constitution of India – Petitioners, adults in a live-in relationship, sought protection from threats posed by disapproving relatives – One petitioner was still legally married to another individual, complicating their situation – Court held that the protection of lif...
(4)
AKHIL BALDA AND ANOTHER …PETITIONERS Vs.
STATE OF U.T. CHANDIGARH AND OTHERS …RESPONDENTS D.D
07/10/2021
Quashing of FIR and Conviction – Valid Compromise – Section 482 Cr.P.C. – Held, the High Court has the power to quash an FIR and set aside a conviction on the basis of a valid compromise between the parties – This is permissible even if the offences are non-compoundable and the trial has concluded – Compromise must be genuine, voluntary, and without coercion [Paras 16...
(5)
M/S SHRI GANESH FINANCE CO. …PETITIONER Vs.
STATE OF PUNJAB AND ANOTHER …RESPONDENTS D.D
06/10/2021
Confiscation of Hypothecated Vehicle – Section 63 NDPS Act – Proviso Interpretation – Held, under the proviso to Section 63(2) of the NDPS Act, no order of confiscation shall be made without giving the financier an opportunity of hearing – The Special Court's order confiscating the vehicle without hearing the petitioner is set aside – The case is remanded for fres...
(6)
UNITED INDIA INSURANCE CO. LTD. …APPELLANT Vs.
GURMEET SINGH AND OTHERS …RESPONDENTS D.D
06/10/2021
Motor Accident Claims – Proof of Involvement – Sections 279, 337, 427, 304-A IPC – Held, the claimants failed to establish the involvement of the Scorpio vehicle in the accident – There was no corroborative evidence, such as a police final report, damage assessment, or reliable eyewitness testimony – The claim appears to have been staged to obtain compensation [Paras ...
(7)
KOMAL AND ANOTHER …PETITIONERS Vs.
STATE OF HARYANA AND OTHERS …RESPONDENTS D.D
04/10/2021
Protection of Life and Liberty – Live-In Relationship – Articles 226, 227, and 21 of the Constitution – Held, protection of life and liberty is a basic feature of the Constitution – Every person, including those in a live-in relationship, is entitled to protection – Court directs necessary steps to ensure petitioners’ safety from those unhappy with their relatio...
(8)
M/S AMAN ENGINEERING WORKS …APPELLANT Vs.
M/S B.M. WATER METERS …RESPONDENT D.D
21/09/2021
Doctrine of Estoppel – Acquiescence – Section 33 of the Trade Marks Act – Requirements for Acquiescence – Held, Section 33 of the 1999 Act is based on the doctrine of estoppel – To apply, the subsequent user must be a proprietor of the same registered trade mark, acquiescence by the previous proprietor must be for a continuous period of 5 years, and the earlier propri...
(9)
CHANDER PARKASH GUPTA …PETITIONER Vs.
VIJAY KUMAR SINGLA …RESPONDENT D.D
20/09/2021
Quashing of Orders – Section 148 of the Negotiable Instruments Act – Deposit of Compensation – Section 482 Cr.P.C. – Petition to quash orders directing deposit of 20% compensation during the pendency of appeal – Held, Section 148 empowers the appellate court to order deposit at any stage during appeal – The provision starts with a non-obstante clause, overriding...