Failure To Collect Electronic Evidence Such As Call Detail Records In Offences Under Section 354 IPC Can Prove Fatal To Prosecution Case: Telangana High Court Mere Pendency Of Challenge To Sale Certificate Before DRT Does Not Bar Mutation Under OSS Rules: Orissa High Court Court May Impose Conditions On Minor’s Custody In Habeas Corpus Proceedings To Protect Best Interest Of Child: Madhya Pradesh High Court Banking Fraud | Failure Of Bank Official To Conduct Physical Inspection Of Collateral Property Constitutes Criminal Conspiracy And Abuse Of Official Position: Madras High Court Order 7 Rule 11 CPC | Plaint Cannot Be Rejected For Lack Of Specific Particulars Or Res Judicata At Preliminary Stage: Kerala High Court Surprise Check Without Prior FIR Registration Casts Doubt On Foundational Facts; Uncorroborated Approver Evidence Tainted: Madras High Court Acquits Former Protector Of Emigrants Appointment Of Lambardar | Appellate Authority Remanding Matter Must Not Pre-Judge Merits Of Candidates: Punjab & Haryana High Court Disciplinary Proceedings | Subsequent Deposit Of Embezzled Amount Does Not Exonerate Employee Or Efface Misconduct: Rajasthan High Court Order XXI Rule 37 CPC | Willful Evasion Of Decretal Debt Despite Having Means Justifies Arrest And Detention: Telangana High Court Claims For Recovery Of Stridhan Must Be Substantiated By Cogent Evidence, Not Merely Oral Assertion: Kerala High Court Concurrent Findings Of Fact Regarding Unproved Oral Family Settlement Cannot Be Re-Appreciated In Second Appeal: Punjab And Haryana High Court Limitation Act | Governmental Bureaucratic Delays Without Acceptable Explanation Cannot Be A Ground For Condoning Delay Under Section 5: Telangana High Court Constitutional Courts Should Refrain From Fixing Time-Bound Schedules For Disposal Of Cases In Lower Courts: Jharkhand High Court Industrial Tribunal Cannot Bypass Adjudication Of Domestic Enquiry Validity In Termination Disputes: Calcutta High Court Section 106 Indian Evidence Act Cannot Shift Burden To Accused Unless Prosecution Establishes A Prima Facie Case: Allahabad High Court NDPS Act | Criminal Antecedents And Stage Of Investigation Are Decisive Factors For Grant Of Bail Under Section 480 BNSS: Andhra Pradesh High Court Cannot Dismember An Existing Factory: Bombay High Court Quashes BMC Notices To Acquire Private Land Under Section 299 MMC Act Order 21 Rule 32 CPC | Proof Of Violation By Way Of Expert Evidence Regarding Age Of Construction Is Mandatory: Himachal Pradesh High Court Section 34 Arbitration And Conciliation Act | Court Cannot Re-appreciate Evidence, But Award Lacking Reasoning And Basis Is Patently Illegal: Calcutta High Court Section 175(3) & (4) BNSS | Magistrate Cannot Pass Mechanical Orders For FIR Registration Against Public Servants Without Complying With Statutory Safeguards: Allahabad High Court Section 69 Indian Succession Act | Provision For Automatic Revocation Of Will Upon Marriage Is Not Violative Of Article 14 Or 15 Of The Constitution: Kerala High Court Unilateral Cancellation Of Registered Gift Deed Without Civil Court Decree Is Void Ab-Initio: Andhra Pradesh High Court Inter-District Transfer Of Teachers Cannot Be Claimed As A Matter Of Right By Jeopardizing Student-Teacher Ratio: Supreme Court Judicial Misconduct | Threatening To Sleep On Pavement To Demand Official Accommodation Constitutes Grave Misconduct Disentitling A Judge From Service: Gujarat High Court Guardians And Wards Act | Father’s Declaration Of Having ‘No Children’ In Matrimonial Profile Disentitles Him To Custody: Madras High Court NDPS Act | Failure To Comply With Section 52A And Unexplained Delay In Forensic Sampling Vitiates Prosecution Case: Patna High Court

(1) RAJINDER …Petitioner Vs. LALIT KUMAR AND OTHERS …Respondents D.D 02/07/2020 HIGH COURTS

Injunction – Grant of Temporary Injunction – Section 41(h) Specific Relief Act – Equally efficacious remedy – Defendant’s petition against Appellate Court's order allowing plaintiff's appeal and ordering status quo on construction over suit property – Held, Section 41(h) bars grant of perpetual injunctions when equally efficacious remedy is available &nd...

HIGH COURTS PUNJAB AND HARYANA # CIVIL REVISION JURISDICTION CIVIL REVISION NO. 1932 OF 2020 Docid 2020 LEJ Civil PH 80

(2) SURINDER SINGH @ SHINDA …Appellant Vs. UNION TERRITORY, CHANDIGARH AND ANOTHER …Respondents D.D 02/07/2020 HIGH COURTS

Criminal Law – POCSO Act – Applicability – The appellant argued that incidents of sexual harassment and assault occurred either before the enforcement of the POCSO Act or after the prosecutrix attained majority – Held, incidents in 2011 occurred before the POCSO Act, but continued harassment in 2012 and 2013 fell within its purview – Appeal dismissed [Paras 1-52]. ...

HIGH COURTS PUNJAB AND HARYANA # CRIMINAL REVISION JURISDICTION CRIMINAL REVISION APPLICATION NO. 644-SB OF 2017 Docid 2020 LEJ Crim PH 502577

(3) SAGAR …PETITIONER Vs. STATE OF HARYANA …RESPONDENT D.D 09/06/2020 HIGH COURTS

Juvenile Justice – Bail – Gravity of Offence – Petitioner, a juvenile, was denied bail by the Magistrate and Additional District Judge despite one year in custody – Revision petition argued that under Section 12 of the Juvenile Justice Act, bail is the rule for juveniles except in specific contingencies – Court held that the gravity of the offence should not be consid...

HIGH COURTS PUNJAB AND HARYANA # CRIMINAL REVISION NO. 433 OF 2020 Docid 2020 LEJ Crim PH 16

(4) M/s KRISHNA INDUSTRIES …PETITIONER Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 28/05/2020 HIGH COURTS

Change of Land Use (CLU) – Jurisdiction – Municipal Corporation's authority to grant CLU in licensed colonies transferred to it – Court held Municipal Corporation/Director General Urban Local Bodies Haryana have the power to grant CLU for sites in licensed colonies developed under the 1975 Act/approved under the 1963 Act and transferred to Municipal Corporation – Power ...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 29604 OF 2017 Docid 2020 LEJ Civil PH 50

(5) INDERPREET KAUR AND ANOTHER …Petitioners Vs. MANJIT KAUR SHAHI THROUGH HER GPA-KULDEEP SINGH …Respondent D.D 28/05/2020 HIGH COURTS

Landlord-Tenant Law – Service of Summons – Compliance with Statutory Provisions – NRI landlord filed eviction petition under Section 24(3) of the Punjab Rent Act, 1995 – Tenants claimed improper service and non-receipt of eviction petition copy – Held, Rent Controller and Appellate Authority correctly found that petitioners were duly served – Process Server'...

HIGH COURTS PUNJAB AND HARYANA # CIVIL REVISION JURISDICTION CR NO. 236 OF 2019 (O&M) Docid 2020 LEJ Civil PH 26

(6) NEW INDIA ASSURANCE COMPANY LIMITED … APPELLANT Vs. RAJ RANI VERMA AND OTHERS … RESPONDENT(S) D.D 12/01/2020 HIGH COURTS

Motor Accident Claims – Quantum of Compensation – Future Prospects – Deceased aged 59, near retirement – Tribunal awarded compensation based on current income, including future prospects – Appeal contended income should reduce post-retirement – Court upheld Tribunal's approach, citing consistent income assessment and future prospects as per legal precedents ...

HIGH COURTS PUNJAB AND HARYANA # CIVIL APPELLATE JURISDICTION FAO NO. 810 OF 2018 Docid 2021 LEJ Civil PH 80

(7) PARSHOTAM LAL ...Petitioner Vs. KRISHAN GOPAL ...Respondent D.D 29/11/2019 HIGH COURTS

Code of Civil Procedure, 1908 - Order 6 Rule 17 - Amendment of Pleadings - Subsequent Event - Held, transfer of drug license to landlord’s son is a subsequent event. No admission by landlord that would be recalled by amendment. Amendment allowed to reflect the change and avoid filing another suit. [Paras 1-11]   Rent Petition for Eviction - Amendment of Pleadings - Analysis - Held...

HIGH COURTS PUNJAB AND HARYANA # CR No. 3294 of 2018 Docid 2019 LEJ Civil PH 87

(8) SUKHJINDER SINGH ...Petitioner Vs. KHUSHWANT RAI JOSHI ...Respondent D.D 28/11/2019 HIGH COURTS

East Punjab Urban Rent Restriction Act, 1949 - Section 13 - Registration Act, 1908, Sections 17(1)(d) and 49 - Non-payment of Rent - Unregistered Rent Note - Held, even an unregistered rent note can be read in evidence for collateral purposes, such as determining the purpose of tenancy and assessing provisional rent. [Para 7]   Failure to Deposit Provisionally Assessed Rent - Ejectment ...

HIGH COURTS PUNJAB AND HARYANA # CR No. 2121 of 2019 Docid 2019 LEJ Civil PH 89

(9) ASHOK KUMAR AND OTHERS …Petitioners Vs. STATE OF PUNJAB AND ANOTHER …Respondents D.D 27/11/2019 HIGH COURTS

Constitution of India - Articles 14, 226 - Right to Equality and Non-Discrimination - Held, in the absence of a legal right to a benefit, it cannot be claimed even if granted to others. Granting such benefits would perpetuate illegality. There is no negative equality; only a person with a right can claim equality. Petition dismissed. [Paras 1-25]   Grant of Premature Increment - Non-Par...

HIGH COURTS PUNJAB AND HARYANA # CWP No. 14898 of 2019 Docid 2019 LEJ Civil PH 98