(1)
GURBAX SINGH …PETITIONER Vs.
STATE OF PUNJAB …RESPONDENT D.D
18/04/2023
HIGH COURTS
Criminal Law - Appeal against Conviction and Acquittal - Sections 324, 307 IPC - Delay in FIR registration, absence of independent witnesses, and motive are critical factors - Inordinate and unexplained delay of five days in registering the FIR - Prosecution's failure to explain delay undermines credibility - Absence of independent witnesses despite the incident occurring in a populated area -...
(2)
SMT. NARAINI DEVI AND OTHERS …APPELLANTS Vs.
PAPPU SINGH AND OTHERS …RESPONDENTS D.D
18/04/2023
HIGH COURTS
Motor Vehicles Act – Compensation for Death – FIR under Sections 302, 379, and 188 IPC – Claim petition dismissed as FIR pertained to murder, not a negligent accident – Death caused by accident by offending vehicle proved – Intention of the driver immaterial – Use of vehicle on road and resulting accident sufficient for compensation – Appeal allowed &ndash...
(3)
CHIEF ENGINEER/PROJECTS HARYANA POWER GENERATION CORPORATION LTD. AND ANOTHER …APPELLANTS Vs.
M/S TECHNOLOGY PRODUCTS AND ANOTHER …RESPONDENTS D.D
18/04/2023
HIGH COURTS
Arbitration Law – Scope of Judicial Review – Sections 37 of Arbitration Act and Section 13 of Commercial Courts Act – Appeal against arbitral award – Non-compliance with Section 18(2) of MSMED Act – Appellants participated in arbitration after dismissal of writ petition – Same issue cannot be raised de novo – Scope of judicial review minimal – Appeal...
(4)
Shiv Shankar - Petitioner Vs.
U.T. Chandigarh - Respondent D.D
17/04/2023
HIGH COURTS
Bail Conditions - Modification - Furnishing of Local Surety - Jurisdiction - Violation of Article 14 of the Constitution - The petitioner, a resident of Uttar Pradesh, seeks modification of the bail condition requiring a local surety with immovable property within the jurisdiction of the trial court in Chandigarh. The petitioner argues that his relatives have immovable property in SAS Nagar, Mohal...
(5)
RAVINDER SINGH …PETITIONER Vs.
UNION TERRITORY, CHANDIGARH AND OTHERS …RESPONDENTS D.D
17/04/2023
HIGH COURTS
Article 226 - Property resumed for misuse and non-payment of misuse charges - Significant delay of 10 years in filing writ petition - No sufficient cause or reasonable explanation for delay - Petitioner negligent in pursuing remedies - Petition dismissed due to laches and undue delay. [Paras 1-14]
Negative Equality - Legal Principle - Analysis - Petitioner claimed discrimination as ot...
(6)
MAJOR SUMIT JOSHI …PETITIONER Vs.
DR. ADITI SHARMA …RESPONDENT D.D
17/04/2023
HIGH COURTS
Matrimonial Law - Cruelty - Divorce Petition - Section 13(1)(i-a) of the Hindu Marriage Act - Appeal against dismissal of divorce petition - Allegations of cruelty based on behavior and conduct - Insufficient evidence of cruelty produced by appellant - Subsequent event of respondent migrating to Canada considered - Long separation of parties indicating breakdown of marriage - Decree of divorce gra...
(7)
DEVINDER SINGH …PETITIONER Vs.
STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D
17/04/2023
HIGH COURTS
Service Law – Retirement Age – Disabilities – The petitioners, employees of the Punjab Government, sought extension of their service beyond the age of 60 years, citing discrimination against employees with visual and other disabilities. They relied on the Persons with Disabilities Act, 1995 and the Right of Persons with Disabilities Act, 2016. Held, there is no provision in the 2...
(8)
Rajni Devi - Petitioner Vs.
State of Punjab - Respondent D.D
13/04/2023
HIGH COURTS
Bail - Anticipatory Bail - Grant of - Conditions - FIR registered against the petitioner under Section 306 IPC - Petitioner apprehending arrest - Petitioner being a first-time offender with no criminal antecedents - Custodial investigation and pre-trial incarceration causing irreparable injustice – Prima facie analysis of the nature of allegations does not justify custodial or pre-trial inca...
(9)
P.S. RAJ STEELS PRIVATE LTD. …PETITIONER Vs.
RELIANCE STEEL INDUSTRIES AND ANOTHER …RESPONDENTS D.D
13/04/2023
HIGH COURTS
Negotiable Instruments Act - Territorial Jurisdiction - Petition under Section 482 CrPC - Complaint under Section 138 NI Act filed at Hisar - Complaint returned due to lack of territorial jurisdiction as per pre-amended Section 142 NI Act - Amendment to Section 142 NI Act effective retrospectively - Complaint required to be restored to Trial Court at Hisar - Petition allowed. [Paras 1-10]
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