First Appellate Court Cannot Grant Relief Beyond Pleadings Or Determine Shares In A Non-Partition Suit: Jharkhand High Court Probate Cannot Be Granted Merely On Proof Of Signature If Suspicious Circumstances Surrounding Testator’s Health & Will’s Execution Remain Unexplained: Gujarat High Court Litigant Seeking Case Transfer Under Section 24 CPC Must Approach Court With Clean Hands: Andhra Pradesh High Court Technical Qualification In Tenders Does Not Guarantee Selection; Presentation For Qualitative Assessment Is Permissible 'Play In The Joints': Delhi High Court Registration Of Sale Deed Acts As Constructive Notice; Section 53A TPA Is A Shield, Not A Sword To Assert Ownership: Gujarat High Court Is Dividend Distribution Tax A Tax On Company Or Shareholder? Bombay High Court Refers 'Cleavage Of Opinion' To Larger Bench May" In Service Regulations Is Directory; Delinquent Employee Has No Right To Insist On Common Disciplinary Proceedings: Supreme Court Billing Errors In Hospitals Don't Amount To Cheating Or Breach Of Trust Without Proof Of Dishonest Intention: Supreme Court Quashed FIR IBC Appeal Filed Without Applying For Certified Copy Within Limitation Period Is 'Incurably Tainted': Supreme Court 35% Share Of Gross Receipts From AOP Is 'Revenue Sharing' Taxable As Business Income, Not Tax-Exempt 'Share Of Profit': Supreme Court Market Value Determination Under Section 26(1) Of 2013 LA Act Cannot Be Based On A Single Sale Deed Of Dissimilar Land: Supreme Court Professional Career Choice Of Qualified Woman Not Cruelty Or Desertion; Wife's Identity Not Subject To 'Spousal Veto': Supreme Court Dictation Given In Open Court Not Final Judgment; Only Signed Order Embodies Final Unalterable Opinion: Supreme Court Engineering Student's Notional Income Cannot Be Equated To Minimum Wages Of Unskilled Workers: Supreme Court Enhances Compensation High Court Cannot Stay Filing Of Charge-Sheet By Blindly Relying On Precedents Without Factual Analysis: Supreme Court State Must Impart Education In Mother Tongue; Supreme Court Directs Rajasthan Govt To Introduce Rajasthani Language In Schools Right To Receive Education In Mother Tongue Or Language Of Choice Is A Fundamental Right Under Article 19(1)(a): Supreme Court

(1) RIBA TEXTILES LIMITED …APPELLANT Vs. THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL, NEW DELHI AND ANOTHER …RESPONDENTS D.D 21/04/2015

Excise Duty – Exemption – Appeals challenging rejection of refund for additional excise duty (AED) on High-Speed Diesel (HSD) – Appellant, a 100% export-oriented unit, claimed exemption under notification dated 31.03.2003 – Notification exempted certain duties of excise but did not explicitly cover AED under Finance Act, 1999 – Tribunal held AED was not exempted &ndas...

PUNJAB AND HARYANA # CEA Nos. 62-64 of 2013 Docid 2015 LEJ Civil PH 73

(2) PAWAN KUMAR …PETITIONER Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 08/04/2015

Service Law – Appointment – Acquittal from Criminal Charges – Petition challenging rejection of appointment to the post of Constable on grounds of past criminal charges – Petitioner acquitted for lack of evidence – Instructions dated 2.7.2007 and 13.11.2007 issued by DGP provide that candidates acquitted on technical grounds may not be considered for appointment &ndas...

# CWP No. 4568 of 2013 Docid 2015 LEJ Civil PH 36

(3) KULDEEP AND ANOTHER …PETITIONERS Vs. RAM KISHAN AND ANOTHER …RESPONDENTS D.D 08/04/2015

Civil Procedure – Filing of Written Statement – Order VII Rule 1 CPC – Petition against order striking off defense for non-filing of written statement within prescribed period – Written statement to be filed within 30 days of service, extendable to 90 days – Extension beyond 90 days not to be routine – High Court holds no date on record showing service of summon...

PUNJAB AND HARYANA # CR No. 802 of 2015 Docid 2015 LEJ Civil PH 78

(4) SURINDER KAUR …APPELLANT Vs. RAVINDER SINGH …RESPONDENT D.D 01/04/2015

Family Law – Divorce – Grounds of Cruelty and Desertion – Appeal against decree of divorce granted on grounds of cruelty and desertion – Husband alleged that wife misbehaved, insulted him and his family, and left matrimonial home without informing him – Also alleged that wife aborted child without his consent – Held, acts of cruelty, if any, by the wife stood co...

PUNJAB AND HARYANA # FAO-M-360-2009 Docid 2015 LEJ Civil PH 67

(5) SIMRAN SINGH …PETITIONER Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 30/03/2015

Education Law – Deemed University – Recognition of Diplomas – Petitioner obtained a diploma in Civil Engineering from Maharishi Markandeshwar Engineering College, a deemed university – Applied for Junior Engineer (Civil) post – Rejected due to lack of recognition by HSBTE – Held, deemed university recognized under UGC Act, 1956, does not require HSBTE's reco...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 23010 OF 2012 Docid 2015 LEJ Civil PH 53

(6) GURMEET KAUR AND ANOTHERS …APPELLANTS Vs. ANIL KUMAR AND OTHERS …RESPONDENTS D.D 27/03/2015

Land Dispute – Appointment of Local Commissioner – Permanent Injunction – Respondent filed suit for injunction against installation of mobile tower on land claimed to be co-shared – Appellants argued land belonged to them, adjacent to respondent’s land – Local Commissioner appointed to resolve land identity dispute – Appellants contended appointment illega...

PUNJAB AND HARYANA # REGULAR SECOND APPEAL NO. 1524 OF 2014 Docid 2015 LEJ Civil PH 42

(7) DARSHAN SINGH …APPELLANT Vs. BABU RAM SURINDER PAL COMMISSION AGENT …RESPONDENT D.D 17/03/2015

Civil Procedure – Evidence Act – Negotiable Instruments – Limitation – Recovery of Loans – Appellant (defendant) denied borrowing money from respondent (plaintiff firm) – Plaintiff firm maintained regular accounts inspected by tax authorities – Defendant’s signature on account books supported by wife and witness signatures – Held, books of acco...

PUNJAB AND HARYANA # REGULAR SECOND APPEAL NO. 6285 OF 2014 Docid 2015 LEJ Civil PH 30

(8) STATE OF PUNJAB …APPELLANT Vs. SUKHDEV SINGH @ SUKHA …RESPONDENT D.D 11/03/2015

Criminal Law – Possession of Fake Currency – Knowledge Presumed – Respondent was acquitted by the trial court despite being found with 399 fake currency notes of ₹500 denomination – State appealed against acquittal – Held, knowledge that notes were fake presumed under Section 106 of the Indian Evidence Act – Recovery of significant number of high denomination ...

PUNJAB AND HARYANA # CRIMINAL APPEAL NO. AS-43 OF 2015 Docid 2015 LEJ Crim PH 78

(9) M/S ROYAL RETREATS HOTELS PVT. LIMITED …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 04/03/2015

Land Acquisition – Public Purpose – Allegations of Favoritism – Petitioners challenged the acquisition of approximately 2 acres of their land for a road construction project, alleging the acquisition primarily benefited a real estate developer, respondent No. 5 – Held, proposed acquisition was for 386.53 acres and included a significant portion of land from respondent No. 5...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 8971 OF 2012 Docid 2015 LEJ Civil PH 85