Hire Agreements With APSRTC Do Not Constitute 'Deemed Sale' For VAT Liability If Possession And Control Remain With Owner: Andhra Pradesh High Court Sudden Fight Without Pre-Meditation Does Not Negate Common Intention If Accused Attack Jointly: Allahabad High Court Executing Court Cannot Reinterpret Stayed Arbitral Award As Money Decree To Attach Personal Assets: Bombay High Court Two Contrasting Orders Passed On Same Day In Revenue Matter Cannot Be Brushed Aside As Mere Negligence: Allahabad High Court Pulls Up State Section 482 CrPC | High Court Must Quash Criminal Proceedings Where Civil Property Disputes Are Given A 'Criminal Texture': Calcutta High Court Managing Director Cannot Amend Service Rules Behind Executive Committee's Back: Delhi High Court Grants Post-Retirement Medical Benefits To Resigning Employee SC/ST Act | Prosecution Must Establish Caste Status With Certificate To Invoke Penal Provisions: Himachal Pradesh High Court Section 34 CPC | Discretion To Award Pre-Suit Interest Must Be Based On Settled Legal Principles, Not Arbitrary Calculation: Gujarat High Court GPA Does Not Transfer Title; Agent Must Account For Sale Proceeds Under Section 218 Indian Contract Act: Delhi High Court Stale FIRs & Compromised Family Disputes Cannot Ground Preventive Detention: Jammu & Kashmir High Court Quashes PSA Order Civil Dispute Over Property Cannot Be Transmuted Into A Criminal Prosecution Under SC/ST Act Or BNS: Karnataka High Court Mere Physical Absence From Property Does Not Constitute Ouster Of Co-Owner; Possession Must Be Hostile To Deny Title: Delhi High Court Section 138 NI Act | Complaint By Power Of Attorney Holder Without Specific Assertion Of 'Direct Knowledge' Of Transaction Is Not Maintainable: Kerala High Court Deduction Of TDS From Motor Accident Compensation Subject To Final Outcome Of Supreme Court Ruling: Madras High Court Section 187 BNSS | Period For Filing Charge-Sheet Must Be Determined Based On Substance Of Allegations In FIR, Not Merely Mentioned Penal Sections: Madhya Pradesh High Court Section 138 NI Act | Formal Amendments To Correct Clerical Mistakes In Complaint Are Permissible If No Prejudice Is Caused To Accused: Kerala High Court Rule 34 Orissa Survey And Settlement Rules | Tahasildar Lacks Jurisdiction To Correct ROR Based On Cause Of Action Arising Prior To Final Publication: Orissa High Court Insecticides Act | Prosecution Quashed When State's Delay In Analysis Deprives Accused Of Right To Re-Test: Punjab & Haryana High Court Order VII Rule 11 CPC | Trial Court Cannot Conduct Roving Enquiry Into Validity Of Gift Deed To Reject Plaint At Threshold: Telangana High Court "Not Below The Rank Of Deputy Secretary" In Section 9(1) Tamil Nadu Lokayukta Act Sets A Baseline, Not A Ceiling: Madras High Court Inconsistent Pleas In Amended Written Statement Cannot Be Struck Off Under Order 6 Rule 16 CPC: Punjab & Haryana High Court Anticipatory Bail | Custodial Interrogation Must Be Demonstrated As Indispensable, Not Merely Asserted: Telangana High Court Employees Compensation Act | Commissioner Cannot Condone Delay In Filing Claim Application Without Formal Request Or Sufficient Cause: Madhya Pradesh High Court Appellate Tribunal Under Benami Act Has Inherent Power To Review Decisions Where Liberty To Re-agitate Was Expressly Granted: Punjab & Haryana High Court

(1) STATE OF PUNJAB THROUGH SDM-CUM-LAND ACQUISITION COLLECTOR, KHARAR …Petitioner Vs. SURINDER KAUR …Respondent D.D 26/11/2019 HIGH COURTS

Land Acquisition Act, 1894/2013 - Sections 23(1A), 23(2), and 28 - Compulsory Acquisition - Interest and Additional Compensation - Held, in compulsory acquisition, an appreciation price at 12% per annum from the date of notification is payable. Decree holder entitled to benefits under Sections 23(1A), 23(2), and 28. [Para 11]   Arrears Paid in Installments - Interest Calculation - Analy...

HIGH COURTS PUNJAB AND HARYANA # CR No. 3283 of 2017 Docid 2019 LEJ Civil PH 71

(2) STATE OF PUNJAB …Petitioner Vs. M/S OASIS CONTRACTORS AND CONSULTANT PVT. LTD. AND ANOTHER …Respondents D.D 22/11/2019 HIGH COURTS

Arbitration and Conciliation Act, 1996 - Micro, Small and Medium Enterprises Development Act, 2006 - Section 19 - Interpretation - Held, Section 19 of the MSME Act does not apply to an arbitral award unless the procedure under Section 18 of the Act is followed. The section must be read as it is without importing or deleting any words. Application requiring deposit of 75% of the awarded amount for ...

HIGH COURTS PUNJAB AND HARYANA # CR No. 6867 of 2019 Docid 2019 LEJ Civil PH 92

(3) AMIT GARG ...Petitioner Vs. STATE OF PUNJAB AND OTHERS ...Respondents D.D 01/11/2019 HIGH COURTS

Compassionate Appointment - Mode of Recruitment - Held, compassionate appointments do not constitute a mode of recruitment but are provided as a welfare measure to help the deceased employee's family tide over financial crisis. Application for such appointment must be made within one year of attaining majority or securing educational qualification. Petitioner's claim at age 31, long after ...

HIGH COURTS PUNJAB AND HARYANA # CWP No. 15868 of 2017 Docid 2019 LEJ Civil PH 24

(4) LAKHVIR SINGH …Appellant Vs. KARAMJIT KAUR …Respondent D.D 01/11/2019 HIGH COURTS

Hindu Marriage Act, 1955 - Section 13 - Divorce on Grounds of Cruelty and Desertion - Held, husband's sweeping allegations of cruelty were unsubstantiated and negated by his own witnesses. Allegations of attempted suicide by wife also not proven. Evidence showed wife willing to reconcile and husband unwilling to accept her back. Appeal dismissed.   Cruelty - Lack of Evidence - Analy...

HIGH COURTS PUNJAB AND HARYANA # FAO No. 7340 of 2017 Docid 2019 LEJ Civil PH 86

(5) DIRECTOR, DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS-CUM-STATE REGISTRAR UID PROJECT, PUNJAB ...Appellant Vs. M/S VIRGO SOFTECH LIMITED AND ANOTHER ...Respondents D.D 29/10/2019 HIGH COURTS

Arbitration and Conciliation Act, 1996 - Limitation for Filing Objections - Interpretation of Section 31(5) and Section 3 - Held, limitation period for filing objections to an arbitral award begins from the date the award is received by the party at its place of business, not from the date it is put up before the competent authority within the organization.   Arbitral Award - Commenceme...

HIGH COURTS PUNJAB AND HARYANA # FAO No. 4403 of 2019 Docid 2019 LEJ Civil PH 59

(6) YASHKEERAT KAUR HAYER …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 22/10/2019 HIGH COURTS

  Sports Policy – Admission to MBBS – Exclusion of International Achievements – Petitioner, a sports person representing India, challenged the issuance of a Sports Gradation Certificate that excluded her international achievements – Court found the Sports Policy dated 10.12.1997 arbitrary for not considering international participation where a sports person represen...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 17361 OF 2019 Docid 2019 LEJ Civil PH 42

(7) M/S SHANKAR RICE MILLS …Appellant Vs. PUNJAB STATE CO-OPERATIVE SUPPLY & MARKETING FED. LTD. AND OTHERS …Respondents D.D 18/10/2019 HIGH COURTS

Arbitration Law - Delivery of Arbitral Award - Section 31(5) - Appellant's objections under Section 34 dismissed as time-barred - Objection based on non-receipt of the award due to incorrect address used by arbitrator - Court held that Section 31(5) mandates delivery of signed copy of the award to each party - Non-delivery constitutes non-compliance - Case remanded to District Court to decide ...

HIGH COURTS PUNJAB AND HARYANA # FAO No.10049 of 2014 (O&M) Docid 2019 LEJ Civil PH 41

(8) MUNICIPAL COUNCIL, KHARAR …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 18/10/2019 HIGH COURTS

Village Common Lands – Conflict between Evacuee Property Act and Punjab Village Common Lands Act – Provisions of 1961 Act prevail over the 1950 Act – Shamilat Deh land vested in Gram Panchayat, not Custodian – 1995 Amendment protects allotments made prior to 9th July 1985 – Allotment in favor of deceased Assa Singh statutorily protected despite subsequent challenges [...

HIGH COURTS PUNJAB AND HARYANA # REGULAR SECOND APPEAL NO. 2479 OF 2017 Docid 2019 LEJ Civil PH 85

(9) GURPREET SINGH …Petitioner Vs. HARMEET SINGH AND ANOTHER …Respondents D.D 04/10/2019 HIGH COURTS

East Punjab Urban Rent Restriction Act, 1949 - Interpretation of 'building' and 'basic amenity' - Revision against interim direction to open locked bathroom - Held, bathroom/toilet considered as basic amenity essential for tenant's use notwithstanding its omission from the rent deed.   Basic Amenities - Tenant's Right to Use Bathroom - Analysis - Held: Notwithsta...

HIGH COURTS PUNJAB AND HARYANA # CR No. 1107 of 2017 Docid 2019 LEJ Civil PH 71