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) KRISHAN LAL DUTTA THROUGH HIS LEGAL REPRESENTATIVES …APPELLANT Vs. GUDDU YADAV AND OTHERS …RESPONDENTS D.D 28/02/2019 HIGH COURTS

Motor Vehicles Act - Survival of Claim - Sections 110-A, 166 - Indian Succession Act - Section 306 - Death of injured claimant during appeal - Claim for personal injuries abates if death not due to injuries - Legal representatives can prosecute claim for loss of estate - Legal representatives entitled to prosecute for enhancement of compensation related to loss of estate but not for personal injur...

HIGH COURTS PUNJAB AND HARYANA # CIVIL APPELLATE JURISDICTION FAO No. 2195 of 2005 Docid 2019 LEJ Civil PH 24

(2) BCL INDUSTRIES LIMITED …PETITIONER Vs. UNION OF INDIA AND OTHERS …RESPONDENTS D.D 27/02/2019 HIGH COURTS

Constitutional Law - Doctrine of Bias - Articles 226 and 227 - Central Excise Tariff Act - Request for Transfer of Appeal - Petitioner alleged bias as the Commissioner (Appeals), Ludhiana, was the wife of the Commissioner who reviewed the order being appealed - Doctrine of bias emphasized justice must be seen to be done - Reasonable apprehension of bias suffices to invoke the doctrine - Writ petit...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION JURISDICTION CWP No. 320 of 2019 Docid 2019 LEJ Civil PH 80

(3) SURJAN RAM …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 26/02/2019 HIGH COURTS

Pension Law - Retirement Age - Article 226 of Constitution - Extension of Service Post-Superannuation - Petitioner retired as Senior Lab Assistant at age 58, extended service till 11.06.2013 - Pension should be based on pay drawn till 11.06.2013 - Held, pension to be fixed as per pay drawn on date of original retirement, i.e., 31.03.2011, as per applicable rules - Writ petition dismissed. [Paras 4...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION JURISDICTION CWP No. 21805 of 2014 Docid 2019 LEJ Civil PH 19

(4) RISHI GOPAL …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 25/02/2019 HIGH COURTS

Constitutional Law - Article 226 - Cooperative Societies - Sections 54, 55, 56 of Punjab Cooperative Societies Act - Cooperative Banks not considered 'State' under Article 12 - Writ petition against a Cooperative Bank not maintainable - Cooperative Societies not administered or controlled by State Machinery - No writ jurisdiction over Cooperative Societies - Petition seeking release of pen...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION JURISDICTION CWP No. 16750 of 2015 Docid 2019 LEJ Civil PH 69

(5) BAHADUR SINGH (SINCE DECEASED) THROUGH HIS LRS …APPELLANT(S) Vs. TEJ KAUR AND OTHERS …RESPONDENT(S) D.D 20/02/2019 HIGH COURTS

Specific Relief Act - Declaration of Ownership - Section 34 - Suit for declaration claiming ownership and possession of suit land - Registered sale deed typically cannot be set aside for non-payment of consideration unless the sale deed includes a specific clause allowing such cancellation - Rule of lis pendens does not apply if the previous litigation was collusive - First Appellate Court’s...

HIGH COURTS PUNJAB AND HARYANA # CIVIL APPELLATE JURISDICTION RSA No. 5419 of 2003 Docid 2019 LEJ Civil PH 45

(6) JASVIR SINGH AND ANOTHER …APPELLANTS Vs. SHAVINDER SINGH AND OTHERS …RESPONDENTS D.D 13/02/2019 HIGH COURTS

Registration of Compromise Decree - Section 17 of Registration Act, 1908 - Compromise decree relating to immovable property subject to previous litigation - Not required to be registered - First Appellate Court's decision erroneous - Compromise decree not required to be registered unless it involves property not subject matter of the suit - Regular Second Appeal allowed. [Paras 3, 10]  ...

HIGH COURTS PUNJAB AND HARYANA # CIVIL APPELLATE JURISDICTION RSA No. 681 of 2002 Docid 2019 LEJ Civil PH 13

(7) SANTOKH SINGH …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 07/02/2019 HIGH COURTS

Service Law - Suspension Period Benefits - Rule 7.3(2) of Punjab Civil Services Rules, 1970 - Employee acquitted of criminal charges to be treated as innocent and entitled to all benefits during suspension - Petitioner suspended due to criminal proceedings, remained suspended for seven years, and acquitted at trial - Entitled to full salary and consequential benefits for suspension period - Order ...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION JURISDICTION CWP No. 3093 of 2014 Docid 2019 LEJ Civil PH 87

(8) M/S ARJUN MALL RETAIL HOLDING PVT. LTD. & ORS. …PETITIONERS Vs. M/S GURDAS AGRO PRIVATE LTD. …RESPONDENTS D.D 06/02/2019 HIGH COURTS

Civil Procedure - Jurisdiction - Section 20, Order 37, Rule 1 of CPC - Amending Act of 1976 - Suit filed at Bathinda based on dishonored cheque - Defendants filed for dismissal due to lack of jurisdiction, arguing summary suits should be tried only in District Courts of Amritsar per Rule 81 - Court at Bathinda has jurisdiction as cheque was dishonored there - Rule 81 inconsistent with amended Orde...

HIGH COURTS PUNJAB AND HARYANA # CIVIL REVISION JURISDICTION CR-7977-2019 Docid 2019 LEJ Civil PH 72

(9) VINOD KRISHAN KHANNA AND OTHERS …APPELLANTS Vs. SIRI KRISHAN KHANNA (SINCE DECEASED) THROUGH LRS AND OTHERS …RESPONDENTS D.D 06/02/2019 HIGH COURTS

Partnership Law - Entitlement of Legal Heirs - Sections 37 and 48 of Partnership Act, 1932 - Legal heirs of a deceased partner entitled to share in profits or 6% per annum interest on the share of the deceased partner from the date of death till payment - Immovable properties, including machines and stock, to be either physically divided or valued and paid accordingly - Legal heirs cannot insist o...

HIGH COURTS # CIVIL APPELLATE JURISDICTION RSA No. 2922 of 2017 Docid 2019 LEJ Civil PH 50