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

(1) TEJA SINGH …PETITIONER Vs. JAGTAR @ TARI AND OTHERS …RESPONDENTS D.D 04/05/2017

Civil Procedure - Striking Off Defense - Extension of Time for Filing Written Statement – Petitioner's defense was struck off for failure to file the written statement within the statutory period of 90 days – Held, the power to extend the time beyond 30 days is not automatic and must be exercised with caution and adequate reasons – Extension beyond 90 days should be granted o...

PUNJAB AND HARYANA # CR No. 3135 of 2017 Docid 2017 LEJ Civil PH 20

(2) HEAD TEACHER, M.G. GOVERNMENT PRIMARY SCHOOL, PANCHOR …PETITIONER Vs. SMT. ANGURI AND ANOTHER …RESPONDENTS D.D 03/05/2017

Constitutional Law - Articles 226 and 227 - Frivolous Petitions by the State – State filed a petition against the Labour Court’s award of ₹50,000 as compensation in lieu of reinstatement for the respondent – Court held the petition frivolous and exhibiting heartlessness and apathy towards the respondent – Labour Court had refused reinstatement and granted compensation aft...

PUNJAB AND HARYANA # CWP No. 9375 of 2017 Docid 2017 LEJ Civil PH 20

(3) THE EXECUTIVE TECHNICAL & SCALES BENZY INFOTECH PRIVATE LTD. …PETITIONER Vs. THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, JALANDHAR & OTHERS …RESPONDENTS D.D 02/05/2017

Industrial Law - Definition of Workman - Managerial and Supervisory Roles – Respondent-workman reinstated with full back wages after Industrial Tribunal found she was not performing managerial or supervisory duties – Designation as 'Senior Executive Customer Support and Training' not indicative of managerial role – High Court held, respondent fell within the definition of...

PUNJAB AND HARYANA # CWP No. 18507 of 2016 Docid 2017 LEJ Civil PH 51

(4) SARABJIT KAUR …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 02/05/2017

Service Law - Withdrawal of Benefits Post-Retirement - Proficiency Step-Ups and ACP – Petitioner, a retired Superintendent, contested the withdrawal of proficiency step-ups granted in 1993 and 1999 and subsequent recoveries from her gratuity and leave encashment – Held, as per Rule 9.4(b)(iii) read with Rule 6.19(c) of the Punjab Civil Services Rules, for reckoning pension, only the co...

PUNJAB AND HARYANA # CWP No. 881 of 2015 Docid 2017 LEJ Civil PH 64

(5) STATE BANK OF INDIA …PETITIONER Vs. ADDITIONAL DEPUTY COMMISSIONER-CUM-DISTRICT MAGISTRATE, JALANDHAR AND OTHERS …RESPONDENTS D.D 01/05/2017

SARFAESI Act - Jurisdiction of DRT vs. Civil Court – Respondent No. 2, a partnership firm, defaulted on a loan, and respondent No. 4, a partner, mortgaged a house – Petitioner-bank initiated recovery under SARFAESI Act – District Magistrate ordered symbolic possession, relegating tenancy disputes to Civil Court – Held, the DRT has exclusive jurisdiction to decide tenancy is...

PUNJAB AND HARYANA # CWP-COM No. 38 of 2016 Docid 2017 LEJ Civil PH 52

(6) NAZAR SINGH …PETITIONER Vs. ROAR SINGH …RESPONDENT D.D 28/04/2017

Civil Procedure - Temporary Injunction - Co-Sharers – The petitioner filed for permanent injunction and sought ad-interim injunction under Order 39 Rules 1 & 2 CPC – Trial Court granted ad-interim injunction directing status quo regarding the suit property – ADJ vacated the injunction citing reliance on an unproven Will – High Court held that declining the injunction ba...

PUNJAB AND HARYANA # CR No. 4985 of 2014 Docid 2017 LEJ Civil PH 76

(7) HARBANS KAUR …APPELLANT Vs. JEET RAM …RESPONDENT D.D 28/04/2017

Motor Vehicle Accident Claims - Determination of Income - Future Prospects – The deceased, Sukhdev Singh, died in an accident on 4.04.2009 at the age of about 40 years – Claimant, his widow, asserted he was an agriculturist earning ₹25,000 per month – Tribunal found no documentary evidence of land ownership or cultivation by the deceased – Income assessed based on minimum...

PUNJAB AND HARYANA # FAO No. 39 of 2012 Docid 2017 LEJ Civil PH 59

(8) RAJESH KUMAR AND ANOTHER …PETITIONERS Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 26/04/2017

Constitutional Law - Article 226 - Incentive Marks for Rural Service – Petitioners, Rural Medical Officers, challenged Clause 17(iii) of the notification dated 29.03.2017 – The clause restricted the incentive of 30% marks for rural service to PCMS/PCMS(Dental) doctors and for admission to government colleges only – Held, the incentive must be granted to all those who rendered ser...

PUNJAB AND HARYANA # CWP No. 7026 of 2017 Docid 2017 LEJ Civil PH 88

(9) ANURAG VASHISHTHA …PETITIONER Vs. THE HARYANA FINANCIAL CORPORATION AND OTHERS …RESPONDENTS D.D 26/04/2017

  Constitutional Law - Judicial Review - Departmental Inquiry – Petitioner, an Additional General Manager, challenged the dismissal from service following a departmental inquiry – Held, judicial review in departmental inquiries focuses on whether proper procedure was followed and principles of natural justice were adhered to – Petitioner received a fair hearing, could lea...

PUNJAB AND HARYANA # CWP No. 5314 of 2007 Docid 2017 LEJ Civil PH 90