(1) HARI SINGH …PETITIONER Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 04/05/2015

Service Law – Disability – Compulsory Retirement – Petition challenging order retiring petitioner on medical grounds due to disability – Petitioner contracted ‘diffuse brain atrophy and parkinsonism’ while in service – High Court held that the petitioner should have been offered an alternative post per Section 47 of the Persons with Disabilities Act &ndash...

PUNJAB AND HARYANA # CWP No. 1827 of 2002 Docid 2015 LEJ Civil PH 69

(2) KAMALJIT KUMAR ALIAS KAMALJIT SINGH …PETITIONER Vs. STATE OF PUNJAB …RESPONDENT D.D 04/05/2015

Criminal Law – Bribery and Corruption – Conviction under Sections 7 and 13(2) of Prevention of Corruption Act – Trial court found appellant guilty of taking bribe for restoring electric supply – Appellant argued that complainant had poor moral character and shadow witness did not support prosecution – Held, termination of complainant unrelated to moral character &ndas...

PUNJAB AND HARYANA # CRA No. S-2125-SB of 2006 Docid 2015 LEJ Crim PH 24

(3) SURJIT SINGH …PETITIONER Vs. STATE OF HARYANA AND ANOTHER …RESPONDENTS D.D 30/04/2015

Service Law – Reinstatement and Back Wages – Full Exoneration – Petitioner, a Patwari, was dismissed from service following conviction under Section 7 of the Prevention of Corruption Act, 1988 – Acquitted on appeal and reinstated without salary for the period of dismissal – Held, under Rule 7.3(ii) of the Punjab Civil Service Rules, a fully exonerated employee upon re...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 1326 OF 2013 Docid 2015 LEJ Civil PH 79

(4) SAWINDER KAUR …APPELLANT Vs. KANSO AND OTHERS …RESPONDENTS D.D 30/04/2015

Civil Procedure – Dismissal of Appeal – Repeated Adjournments – Appellant sought repeated adjournments, delaying the appeal for 4-5 years – Non-appearance of counsel on hearing date led to dismissal – Held, appellant cannot assert absolute right to hearing on merits – Second appeal jurisdiction limited to substantial questions of law – Dismissal appropriat...

PUNJAB AND HARYANA # REGULAR SECOND APPEAL NO. 554 OF 2011 Docid 2015 LEJ Civil PH 50

(5) PUNJAB NATIONAL BANK …PETITIONER Vs. RAJ KUMARI …RESPONDENT D.D 30/04/2015

Rent Law – Eviction – Valid Service of Petition – Revision petition challenging eviction order under Section 13-B of the East Punjab Rent Restriction Act, 1949 – Tenant contended that petition was served without accompanying documents – Lower court ordered eviction without ensuring documents were served – High Court holds that valid service under Section 18-A re...

PUNJAB AND HARYANA # CR No. 508 of 2012 (O&M) Docid 2015 LEJ Civil PH 94

(6) AJAY KUMAR GUPTA …APPELLANT Vs. CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL & ANOTHER …RESPONDENT D.D 29/04/2015

Service Tax – Penalty for Non-Payment – Appeal against Tribunal's order imposing penalty under Section 78 of the Finance Act, 1994 for delay in depositing service tax – Service tax collected for legal consultancy services, which were not taxable at the time of collection – Appellant deposited the amount after insistence by Revenue – Tribunal held willful suppressi...

PUNJAB AND HARYANA # CRIMINAL APPELLATE JURISDICTION STA No. 30 of 2014 Docid 2015 LEJ Crim PH 24

(7) CHD DEVELOPERS LTD., KARNAL …PETITIONER Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 22/04/2015

Taxation Law – VAT on Sale of Flats – Challenge to Validity of Sections and Rules – Developers contest inclusion of land value in VAT – Held, building contracts involving sale of flats include an element of sale of goods – Such contracts are species of works contracts under Article 366(29A)(b) of the Constitution – VAT applicable only on value of goods incorpora...

PUNJAB AND HARYANA # CWP No. 5730 of 2014 Docid 2015 LEJ Civil PH 89

(8) KARTAR SINGH CONTRACTOR …PETITIONER Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 21/04/2015

Arbitration Law – Limitation Period – Condonation of Delay – State filed a petition under Section 34 of the Arbitration Act to set aside an arbitral award along with an application under Section 5 of the Limitation Act to condone a delay of 342 days – Held, Section 34(3) of the Arbitration Act prescribes a specific period of limitation which excludes the applicability of Se...

PUNJAB AND HARYANA # CIVIL REVISION NO. 8784 OF 2014 Docid 2015 LEJ Civil PH 94

(9) AVTAR SINGH …PETITIONER Vs. JASWINDER KAUR …RESPONDENT D.D 21/04/2015

Protection of Women from Domestic Violence Act – Right to Reside in Shared Household – Petition challenging order directing petitioner-husband to provide part of house to respondent-wife – Wife alleged domestic violence and sought right to residence – Trial court directed provision of portion of house for wife – High Court held wife entitled to claim right to residenc...

PUNJAB AND HARYANA # CRM-M No. 40857 of 2012 Docid 2015 LEJ Civil PH 26