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) SANTOSH AND OTHERS …APPELLANTS Vs. SHAMSHER SINGH AND OTHERS …RESPONDENTS D.D 31/08/2018 HIGH COURTS

Motor Vehicles Act - Compensation - Rash and Negligent Driving - Preponderance of Probabilities   Compensation for Fatal Accident - Preponderance of Probabilities – Deceased suffered fatal injuries in an accident involving a school bus, remained under treatment for five months, and eventually died – Tribunal awarded Rs. 37,400/- but did not link death to accident injuries du...

HIGH COURTS PUNJAB AND HARYANA # FAO No. 1305 of 2010 Docid 2018 LEJ Civil PH 76

(2) FARJANA BANO AND ANOTHER …PETITIONERS Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 30/08/2018 HIGH COURTS

Stamp Duty - Deficiency - Time Limit for Action by Sub-Registrar   Deficiency in Stamp Duty - Reference by Sub-Registrar – Petitioners exchanged their land in Jodhpur for land in Sonepat – Transfer deed registered without objection, mutation sanctioned – Sub-Registrar raised objection and made reference for recovery of deficient stamp duty and registration fee more tha...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 12291 OF 2017 Docid 2018 LEJ Civil PH 25

(3) DEEPIKA @ RIYA …APPELLANT Vs. RAHUL …RESPONDENT D.D 28/08/2018 HIGH COURTS

Family Law - Divorce by Mutual Consent - Extension of Statutory Period Extension of Period Under Section 13-B(2) of Hindu Marriage Act – Joint petition for divorce by mutual consent filed – Appellant-wife received Rs. 7 lakhs out of agreed Rs. 15 lakhs at first motion – Respondent-husband failed to pay remaining Rs. 8 lakhs within statutory period due to financial constraints ...

HIGH COURTS PUNJAB AND HARYANA # FAO No. M-260 of 2017 Docid 2018 LEJ Civil PH 75

(4) RAMPHAL …PETITIONER Vs. RAM KALI AND OTHERS …RESPONDENTS D.D 28/08/2018 HIGH COURTS

Civil Procedure - Amendment of Plaint - Determining Real Question in Controversy   Amendment of Plaint for Inadvertent Omission – Petitioner sought to amend plaint to include details of an additional piece of land omitted inadvertently – Trial Court dismissed the application due to a delay of over three years and lack of explanation – Held, although petitioner was not ...

HIGH COURTS PUNJAB AND HARYANA # CIVIL REVISION NO. 4537 OF 2015 Docid 2018 LEJ Civil PH 61

(5) MEENA BHANDARI …PETITIONER Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH AND OTHERS …RESPONDENTS D.D 27/08/2018 HIGH COURTS

Service Law - Post-Retiral Dues - Interest on Delayed Payment Interest on Delayed Post-Retiral Dues – Petitioner claimed interest on delayed payment of retiral benefits – Held, delay caused due to petitioner’s failure to complete formalities – No intentional or willfuldelay by respondents – Petitioner not entitled to interest on delayed payments – Tribunal's...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 25213 OF 2015 Docid 2018 LEJ Civil PH 80

(6) LAWAN VERMA AND ANOTHER …PETITIONERS Vs. CHARANJIT SINGH SOHAL …RESPONDENT D.D 24/08/2018 HIGH COURTS

Property Law - NRI Landlord - Eviction under Section 13B- Owner Definition under Section 13B – Petitioners challenged respondent's status as the owner, claiming absence of a conveyance deed – Held, ownership as per transfer letter from Punjab Urban Planning and Development Authority suffices – Ownership for over five years established – Tenant estopped from challen...

HIGH COURTS PUNJAB AND HARYANA # CIVIL REVISION NO. 927 OF 2015 (O&M) Docid 2018 LEJ Civil PH 30

(7) M/S GHAGGAR ROYALTY COMPANY …PETITIONER Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 24/08/2018 HIGH COURTS

Mining Law - Surrender of Mining Contract - Refund of Security - Surrender of Mining Contract Due to Infeasibility – Petitioner awarded mining contract through e-auction, deposited security amount, and granted LoI – Survey revealed 50% of the mining area was unsuitable due to afforestation, commercial establishments, cultivation, tube wells, and cremation grounds – Petitioner sou...

HIGH COURTS PUNJAB AND HARYANA # CWP No. 13068 of 2018 Docid 2018 LEJ Civil PH 36

(8) BALWINDER KUMAR …PETITIONER Vs. M/S R. N. HIGHWAYS (P) LTD. …RESPONDENT D.D 17/08/2018 HIGH COURTS

Criminal Law - Corporate Criminal Liability - Vicarious Liability - Vicarious Liability and Role of Bank in Criminal Complaint – Complaint filed against petitioner, Recovery Manager of HDFC Bank, alleging misappropriation and damage of a machine taken into possession by the bank – Bank not arrayed as accused – Held, vicarious liability, if any, is of the bank, which is not a...

HIGH COURTS PUNJAB AND HARYANA # CRM-M No. 37409 of 2018 Docid 2018 LEJ Crim PH 62

(9) JUSTICE (RETD.) RAJ RAHUL GARG …PETITIONER Vs. UNION OF INDIA AND OTHERS …RESPONDENTS D.D 14/08/2018 HIGH COURTS

Constitutional Law - Pension for High Court Judges - Break in Service   Pension Computation - Blending of Service Periods – Petitioner served in Subordinate Judicial Service from 11.05.1981 to 31.07.2014 and as a High Court Judge from 25.09.2014 to 04.07.2016 – Central Government denied counting High Court service for pension due to a break of 1 month and 24 days – Hel...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 6380 OF 2018 Docid 2018 LEJ Civil PH 74