Dowry Case | In the absence of specific allegations, mere naming of distant relatives cannot justify prosecution: MP High Court Non-Commencement of Activities Alone Not a Ground for Refusal: Calcutta High Court at Calcutta Affirms Trust Registration, Stating Granting Shifting Permissions is a Quasi-Judicial Act: Delhi High Court Quashes Disciplinary Charges Against MCA Official Jurisdiction Does Not Preclude Transfer to Competent Family Courts: Rules Kerala High Court Madras High Court Acquits Two, Reduces Sentence of Main Accused: Single Injury Does Not Prove Intent to Murder Financial Creditors Retain Right to Pursue Personal Guarantors Post-Resolution Plan: Punjab & Haryana High Court Proper Notice and Enquiry are the Bedrock of Just Administrative Actions: Rajasthan High Court Calcutta High Court Sets Aside Discharge Order in Madan Tamang Murder Case, Orders Trial for Bimal Gurung Review Cannot be Treated Like an Appeal in Disguise: Madhya Pradesh High Court Dismisses Tax Review Petition Delhi High Court Orders Interest Payment on Delayed Tax Refunds: ‘Refund Delays Cannot Be Justified by Legal Issues’” Freedom of Press Does Not Exempt Legal Consequences: Kerala High Court Quashes Proceedings Against Journalists in Jail Sting Operation Highest Bidder Has No Vested Right”: Rajasthan High Court Upholds Rejection of SEZ Plot Allotment Indefeasible Right to Bail Arises When Investigation Exceeds Statutory Period: Punjab & Haryana HC Sets Aside Extension Orders in NDPS Case Higher Qualifications Can't Override Prescribed Standards, But Service Deserves Pension: Punjab & Haryana High Court A Mere Breach of Promise Does Not Constitute Criminal Breach of Trust Under Section 406 IPC: Rajasthan High Court Madras High Court Overturns Order Denying IDA Increments, Citing Unfair Settlement Exclusion No Premeditated Intention to Kill: Kerala High Court Reduces Murder Convictions in Football Clash Case Landlord Need Not Be Owner to Seek Eviction: Court Upholds Broad Definition of Landlord under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 Delhi High Court Sets Aside Status Quo on Property, Initiates Contempt Proceedings for False Pleadings and Suppression of Facts Calcutta High Court Rules Deceased Driver Qualifies as Third Party, Overrides Policy Limitations for Just Compensation A Litigant Who Pollutes the Stream of Justice Is Not Entitled to Any Relief: Rajasthan High Court Cancels Bail in Murder Case Due to Suppression of Evidence Punjab and Haryana High Court Awards Compensation in Illegal Termination Case, Affirms Forest Department as an 'Industry' Suspicion Cannot Replace Proof: Madras High Court Acquits Man in Double Murder Case Kerala High Court Quashes Criminal Proceedings in Loan Repayment Dispute: Manifestly Attended with Mala Fide Intentions Systematic Instruction Essential for ‘Education’ Tax Exemption: Delhi High Court Intent to Deceive Constitutes Forgery: High Court of Calcutta Dismisses Quashing Petition in Fraudulent Property Inclusion Case

(1) HARDEV KAUR …Petitioner Vs. UNION OF INDIA AND OTHERS …Respondents D.D 21/07/2017

Land Acquisition - Determination of Market Value - Non-compliance with Statutory Requirements - Judicial Review – The petitioner challenged the award passed by the Land Acquisition Collector, which reduced the value of the acquired land significantly. The court held that the award did not comply with the statutory requirements of the 2013 Act, particularly Section 26, which mandates the dete...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 24548 OF 2015 Docid 2017 LEJ Civil PH 76

(2) GURVINDER SINGH …Petitioner Vs. PUNJAB STATE AGRICULTURAL MARKETING BOARD AND OTHERS …Respondents D.D 21/07/2017

Constitutional Law - Service Law - Promotion - Eligibility Criteria - Judicial Review – The petitioner, a Sewadar in the office of the Market Committee, was promoted to the post of Clerk subject to the condition of completing five years of service and passing the type test. The Secretary, Punjab Mandi Board, later canceled this promotion citing non-fulfillment of eligibility criteria at the ...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 16614 OF 2017 Docid 2017 LEJ Civil PH 94

(3) DALIP KUMAR JHA …APPELLANT(S) Vs. STATE OF PUNJAB AND OTHERS …RESPONDENT(S) D.D 05/07/2017

Constitutional Law - Religious Beliefs - Samadhi - Disposal of Body - Articles 25 and 26 of the Constitution of India - High Court's order mandating disposal of the body of Ashutosh Ji Maharaj by cremation quashed. The High Court held that in the absence of any law directing the disposal of the body, such a direction would violate the fundamental rights under Articles 25 and 26, which protect ...

PUNJAB AND HARYANA # Letters Patent Appeal No. 2043 of 2014 Docid 2017 LEJ Civil PH 56

(4) SKILL LOTTO SOLUTIONS PVT. LTD. …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 30/05/2017

Taxation Law - Imposition of Higher Tax Rate - Judicial Review - The petitioners challenged the demand for higher tax by the State of Punjab after an initial reduction in the tax rate per draw. The court held that the State can lawfully collect tax only at the rate notified under the Act, and any tax collected beyond the notified amount is without legislative authority and illegal. The demand for ...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 21500 OF 2016 Docid 2017 LEJ Civil PH 21

(5) CHANDIGARH GOVERNMENT ELECTRICAL CONTRACTORS ASSOCIATION AND ANOTHER …PETITIONERS Vs. UNION TERRITORY OF CHANDIGARH THROUGH ITS SECRETARY ENGINEERING DEPARTMENT, CHANDIGARH AND OTHERS …RESPONDENTS D.D 23/05/2017

Tender Process - Qualification Criteria of Bidders - Judicial Review – Petitioners, non-CPWD contractors registered with the Union Territory of Chandigarh, sought eligibility to submit bids for an e-tender without being registered with the CPWD – Held, the court cannot alter, amend, or modify the eligibility criteria stipulated by the party inviting the tender – The entity inviti...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 9895 OF 2017 Docid 2017 LEJ Civil PH 63

(6) NAVJEET KAUR …Appellant Vs. NAVNEET WALIA AND OTHERS …Respondents D.D 19/05/2017

Seniority - Rules and Executive Instructions - Judicial Review – The case involved a seniority dispute among Lecturers appointed through different selection processes. The 2001 Rules and the 1994 Rules were silent on the determination of inter-se seniority between different batches. The court held that in the absence of specific rules, executive instructions dated 24.11.1962, which determine...

PUNJAB AND HARYANA # LETTERS PATENT APPEAL NO. 1504 OF 2013 Docid 2017 LEJ Civil PH 75

(7) SIMERANDEEP KAUR …Petitioner Vs. STATE OF PUNJAB AND OTHERS …Respondents D.D 17/05/2017

Constitutional Law - Right to Education - Administrative Lapses - Judicial Review – The petitioner completed her first year of M.Sc. (Nursing) and immediately applied for the second year by paying the requisite fee. However, she discontinued her studies to join as a Staff Nurse in the Government of Punjab. In 2015, she applied to continue her second year but her application was rejected due ...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 21370 OF 2016 Docid 2017 LEJ Civil PH 69

(8) BHARPUR SINGH AND OTHERS …Appellants Vs. SUKHJINDER SINGH AND OTHERS …Respondents D.D 15/05/2017

Limitation Act, 1963 - S.3 - Civil Procedure Code, 1908 - O.14 Rl.1 - Limitation as a Legal Issue - Non-framing of Issue - Judicial Review – Held, the absence of an explicit issue on limitation by the trial court does not invalidate the question of whether the suit was within the period of limitation. Limitation is a fundamental issue, and the court must consider it regardless of whether it ...

PUNJAB AND HARYANA # REGULAR SECOND APPEAL NO. 3707 OF 2013 Docid 2017 LEJ Civil PH 78

(9) T.S. BHATTI …PETITIONER Vs. STATE OF HARYANA …RESPONDENT D.D 12/05/2017

Service Law - Disciplinary Proceedings - Supervisory Responsibility and Delay – Petitioner, a retired District Food and Supplies Controller, faced allegations of supervisory lapses and damage/shortage of wheat gunny bags dating back to 1989 – Inquiry initiated six years later in 1995 and completed in 2002 found no lack of supervision by the petitioner – Competent authority's ...

PUNJAB AND HARYANA # CWP No. 7667 of 2008 Docid 2017 LEJ Civil PH 89