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 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) PUNJAB NATIONAL BANK ...PETITIONER Vs. HDFC BANK LTD. AND ANOTHER ...RESPONDENTS D.D 01/11/2017 HIGH COURTS

Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Definition of Debt – Civil Revision – Whether the amount due to a party who made payment under a forged instrument constitutes a debt within the meaning of Section 2(g) of the Act – Held that such liability falls within the ambit of the term "debt" as defined in Section 2(g) – Liability arising ...

HIGH COURTS PUNJAB AND HARYANA # CIVIL REVISION NO. 7649 OF 2014 Docid 2017 LEJ Civil PH 41

(2) HARMINDER SINGH AND ANOTHER ...APPELLANTS Vs. STATE OF PUNJAB ...RESPONDENT D.D 11/10/2017 HIGH COURTS

Evidence Law - Disclosure Statements – Criminal Appeal – If no recovery was made pursuant to the disclosure statement, it is hit by Section 25 of the Indian Evidence Act and cannot be relied upon – Held that no reliance can be placed on disclosure statements where no recovery was effectuated. [Para 38]   Criminal Procedure - Footprint Evidence – Investigation in ...

HIGH COURTS PUNJAB AND HARYANA # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 299-DB OF 2013 With CRIMINAL APPEAL NO. 311-DB OF 2013 With CRIMINAL APPEAL NO. 343-DB OF 2013 With CRIMINAL APPEAL NO. 402-DB OF 2013 Docid 2017 LEJ Crim PH 86

(3) HARDEV SINGH @ MAJOR SINGH ...APPELLANT Vs. SATNAM SINGH & OTHERS ...RESPONDENTS D.D 09/10/2017 HIGH COURTS

Civil Law - Adverse Possession – Regular Second Appeal challenging concurrent findings – Suit for possession based on title – Defendants’ plea of adverse possession dismissed – Held that ownership of laintiffs is undisputed – Defendants' claim of adverse possession initiated from their vendor's alleged adverse possession is invalid – Adverse posses...

HIGH COURTS PUNJAB AND HARYANA # REGULAR SECOND APPEAL NO. 4539 OF 2017 Docid 2017 LEJ Civil PH 69

(4) OM PARKASH SINGH …Petitioner Vs. UNION OF INDIA AND OTHERS …Respondents D.D 07/09/2017 HIGH COURTS

Border Security Forces Act, 1969 - Section 117 - Section 48(f) - Judicial Review - Requirement of Reasoned Orders – The petitioner, a Head Constable in the BSF, challenged the sentence of forfeiting seven years of service for promotion and pension purposes and the rejection of his representation under Section 117 of the BSF Act. The court held that any administrative order must be supported ...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 4814 OF 2014 Docid 2017 LEJ Civil PH 39

(5) PUNEET SINGH …Petitioner Vs. SPECIAL SECRETARY, DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, GOVERNMENT OF PUNJAB AND OTHERS …Respondents D.D 06/09/2017 HIGH COURTS

Constitutional Law - Forfeiture of Consideration - Discretion of Authorities - Judicial Review – The petitioner’s highest bid in an auction by GMADA was accepted, but he failed to pay the balance consideration. Upon seeking to surrender the plot and request a refund, the Estate Officer forfeited 10% of the total price of the site, as per Section 45(3) of the Punjab Regional and Town Pl...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 17392 OF 2015 Docid 2017 LEJ Civil PH 80

(6) GIAN KAUR …Petitioner Vs. STATE OF PUNJAB AND OTHERS …Respondents D.D 09/08/2017 HIGH COURTS

Constitution of India, 1950 - Art. 226 - Natural Justice - Speaking Order - Judicial Review – The petitioner, a 1984 riot victim and Sikh migrant holding a Red Card, sought regularization of her house. The cancellation of her LOI without a speaking order and hearing was challenged. The court held that any order affecting rights must be reasoned and pass the test of natural justice. The...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 16590 OF 2016 Docid 2017 LEJ Civil PH 89

(7) RAM MURTI AND OTHERS …Appellants Vs. JAGTAR SINGH AND OTHERS …Respondents D.D 04/08/2017 HIGH COURTS

Motor Vehicles Act, 1988 - Section 163-A - Structured Formula Basis - Enhancement of Compensation - Judicial Review – The appellants, family members of the deceased Surinder Kumar, sought enhancement of the compensation awarded by the MACT. The court held that once an award is made under Section 163-A, which provides for special provision for payment of compensation on a structured formula b...

HIGH COURTS PUNJAB AND HARYANA # FIRST APPEAL ORDER NO. 520 OF 2006 Docid 2017 LEJ Civil PH 19

(8) OM PARKASH VERMA …Petitioner Vs. STATE OF PUNJAB AND OTHERS …Respondents D.D 03/08/2017 HIGH COURTS

Constitutional Law - Pension - Withholding of Pension - Departmental Inquiry - Judicial Review – The petitioner, a retired Excise and Taxation Officer, had his pension stopped following his conviction under the Prevention of Corruption Act. The court held that it is necessary to determine the misconduct by holding a departmental inquiry before stopping the pension of a retiree, as per the li...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 20812 OF 2016 Docid 2017 LEJ Civil PH 61

(9) PUNJAB STATE POWER CORPORATION LTD. (PSPCL) AND OTHERS …Petitioners Vs. RASHPAL SINGH AND ANOTHER …Respondents D.D 31/07/2017 HIGH COURTS

Constitutional Law - Lok Adalat - Jurisdiction and Powers - Judicial Review – The petitioners challenged the order of the Permanent Lok Adalat, which had decided the issue of tampering with an electricity meter and unauthorized use of electricity in favor of the consumer. The court held that Lok Adalats are not constituted for adjudicatory or judicial functions. Their primary role is to expl...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 16829 OF 2015 Docid 2017 LEJ Civil PH 22