UP Land Revenue Act | Map Correction Cannot Be Done By Mechanically Transferring Land To Compensate Deficiency Of Adjoining Plot: Allahabad High Court Civil Court Jurisdiction In Injunction Suit Between Private Parties Not Barred If Title Or Vesting In Panchayat Not In Issue: P&H High Court District Consumer Commission Duty-Bound To Refer Product For Laboratory Analysis When Prayed For; Cannot Dismiss For Want Of Expert Evidence: Punjab State Commission Section 135(3) BNSS | Executive Magistrate Cannot Demand Interim Bond Without Commencing Inquiry; Must Supply Kalandara Material & Follow Madhu Limaye Safeguards: Delhi High Court In Neha Bora Sections 126 & 130 BNSS | Writ Court Cannot Evaluate Sufficiency Of Material At Show-Cause Stage Unless There Is 'Nil Material': Delhi High Court Section 32 Evidence Act | Multiple Dying Declarations Cannot Be Discarded Over Minor Variations If Core Substratum Imputing Fatal Blow Remains Consistent: Allahabad High Court Multiple FIRs Arising From Identical Financial Scheme Can Be Clubbed And Transferred To First FIR Court: Bombay High Court POCSO | Mandating Injury Report Indicating Penetrative Assault For Victim Compensation Violates Article 14, Frustrates Sec 164-A CrPC: Allahabad High Court Section 308 IPC | Premeditation & Requisite Intention Must Be Proved; Single Blow With Stone In Sudden Fight Attracts Section 325 IPC: Delhi High Court Organizing A Book Fair Is A Private Activity And Not A 'Public Function' Amenable To Writ Jurisdiction Under Article 226: Calcutta High Court Prior Permission From Education Officer Before Issuing Recruitment Advertisement Is Mandatory, Not An Empty Formality: Bombay High Court Order 41 Rule 5 CPC | Tenant Facing Eviction Decree Liable To Pay Mesne Profits At Market Rate Till Delivery Of Possession: Himachal Pradesh High Court Anticipatory Bail In Matrimonial Disputes | Allegations Of Sexual Misconduct Cannot Be Treated As Automatic Grounds For Custodial Interrogation: Delhi High Court Section 35 BNSS | Notice For Appearance Under Section 35(3) Is Not A Mandatory Precondition For Arrest Under Section 104 Of The Customs Act: Gujarat High Court Section 58 BNSS | 24-Hour Cap Is An Outer Limit, Not A Licence To Detain Accused Until Morning Court Hours: Kerala High Court Section 106 Evidence Act Cannot Fill Gaps In Circumstantial Chain, Last-Seen Theory Fails Without Proximity To Time Of Death: Karnataka High Court Service Law | Procedural Violation In Domestic Inquiry Not Fatal Unless Delinquent Proves Real Prejudice: Bombay High Court Indian Succession Act | Unequal Disposition Or Exclusion Of Legal Heir Does Not Invalidate Will If Due Execution Proved: Madras High Court Civil Services Rules | Seniority Counts From Initial Appointment If Normal Probation Completed Without Extension; Minor Penalty Cannot Depress Rank: High Court Pre-Arrest Bail Under Section 31 DV Act Cannot Be Denied If Accused Had No Notice Of Protection Order: Kerala High Court Section 50 NDPS Act Applies Only To Personal Search, Inapplicable To Search Of Bag Carried By Accused: Himachal Pradesh High Court Railway Rolling Stock Transfers to IRFC Must Be Classified to Determine Sales Tax Liability Under Delhi Sales Tax Act: Delhi High Court No Contributory Negligence Can Be Attributed To Pillion Rider In Road Accident: Karnataka High Court Nasha Mukti Center Cannot Detain Adult Based Merely On Spouse's Consent Without Medical Mandate: Madhya Pradesh High Court Punjab Land Revenue Act | Revenue Officer Must Strictly Adhere To Approved Mode Of Partition Verbatim: Punjab & Haryana High Court Labour Court Can Draw Adverse Inference Against Employer For Non-Production Of Employment Records: P&H High Court Closure Of Evidence | Past Conduct Prior To Deposition Irrelevant For Deciding Plea To Adduce Further Evidence: Orissa High Court Supreme Court's Mandate In 'Mihir Rajesh Shah' On Supplying Written Grounds Of Arrest Applies Prospectively: Punjab & Haryana High Court Allegations Of Forceful Sexual Intercourse Raised After 14 Years Of Marriage Without Complaints Cannot Constitute Cruelty Under Section 13(1)(ia) Hindu Marriage Act: Telangana High Court Punjab Municipal Act | Municipality Alleging Unauthorised Construction Must Prove Violation By Cogent Evidence, Injunction Suit Maintainable Without Sec 49 Notice: P&H High Court Arbitration Act | Limitation To Challenge Award Commences From Date Certified Copy Is Obtained If Signed Copy Not Delivered Under Section 31(5): Madhya Pradesh High Court Pension Regulations | Voluntary Retirement Weightage Cannot Be Claimed By Employees Retired Prematurely Under Regulation 19(1): Telangana High Court Compassionate Appointment Cannot Be Denied Solely Due To Marital Status; Judicial Declaration Operates Retrospectively: Allahabad High Court Transfer Of Female Employees With Infants | Administrative Exigency Must Yield To Constitutional Right Of Motherhood And Child Welfare: Rajasthan High Court Consumer Protection Act | Summary Jurisdiction Cannot Resolve Complex Factual Disputes Requiring Detailed Evidence & Cross-Examination: Punjab State Consumer Commission

(1) PARVEEN KUMAR …APPELLANT Vs. STATE OF HARYANA …RESPONDENT D.D 13/01/2015 HIGH COURTS

Criminal Law – Kidnapping and Rape of Minor – Plea of Consent – Appellant convicted for kidnapping and raping a minor girl – School records and medical evidence established victim’s age as 14 years – Plea of consent dismissed as minor cannot consent – Conviction and sentence upheld. [Paras 1-27] Victim’s Age and Evidence – Analysis – H...

HIGH COURTS PUNJAB AND HARYANA # CRIMINAL APPEAL NO. S-665-SB OF 2004 Docid 2015 LEJ Crim PH 86

(2) RADHEY SHYAM …PETITIONER Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 06/01/2015 HIGH COURTS

Service Law – Dismissal for Fake Certificate – Teacher’s Role Model Responsibility – Petitioner, an S.S. Master, dismissed for obtaining promotion based on a fake M.A. degree – Claimed similar leniency as another individual who received compulsory retirement – Held, teachers are role models and must maintain high integrity – Permitting leniency in such cas...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 61 OF 2015 Docid 2015 LEJ Civil PH 60

(3) BIKRAMJIT SINGH …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 23/12/2014 HIGH COURTS

Service Law – Recruitment – Denial of Appointment on Criminal Grounds – Petitioner's selection for post of Constable was withheld due to his name being mentioned in a criminal case – Investigation revealed no involvement of petitioner, declaring him innocent – State contended petitioner could still be summoned under Section 319 Cr.P.C. – Held, mere possibili...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 7048 OF 2013 Docid 2014 LEJ Civil PH 77

(4) RAJ KUMAR TYAGI …PETITIONER Vs. M/S NAYAS PROJECTS PVT. LIMITED AND OTHERS …RESPONDENTS D.D 23/12/2014 HIGH COURTS

Civil Procedure – Amendment of Plaint – Possession and Fraud – Petitioner filed suit for permanent injunction against defendant No.1 – Sought to amend plaint to include particulars of fraud alleged to be played by defendant No.1 – Trial Court denied amendment, stating trial had commenced – Held, Order 6 Rule 17 CPC permits amendment at any stage for determining ...

HIGH COURTS PUNJAB AND HARYANA # CIVIL REVISION NO. 5713 OF 2014 Docid 2014 LEJ Civil PH 31

(5) M.S. AHLAWAT …PETITIONER Vs. HARYANA URBAN DEVELOPMENT AUTHORITY AND OTHERS …RESPONDENTS D.D 17/12/2014 HIGH COURTS

Hindu Marriage Act – Nullity of Marriage – Fraud – Appellant's marriage with respondent declared nullity by trial court under Section 12 of the Act – Appellant's previous marriage with Satish Kumar allegedly not dissolved by a court decree, only by Panchayatnama (agreement) – Held, Panchayatnama not valid proof of divorce – Respondent not aware of non-di...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 19254 OF 2004 CIVIL WRIT PETITION NO. 9975 OF 2006 Docid 2014 LEJ Civil PH 64

(6) DR. MAMTA RAJOTIA …PETITIONER Vs. SMT. SUMAN …RESPONDENT D.D 16/12/2014 HIGH COURTS

Civil Procedure – Indigent Person – Application and Procedure – Respondent filed suit for damages and sought to sue as an indigent person – Civil Court relied on Tehsildar’s report – Petitioner's objection that application was not presented in person and without notice – Held, application to sue as indigent person must be presented in person as per Ord...

HIGH COURTS PUNJAB AND HARYANA # CIVIL REVISION NO. 5781 OF 2014 Docid 2014 LEJ Crim PH 88

(7) M/S PAL FILLING STATION …PETITIONER Vs. UNION OF INDIA AND OTHERS …RESPONDENTS D.D 04/12/2014 HIGH COURTS

Contract Law – Marketing Discipline – Dealer Agreement – Petitioner, a dealer of petroleum products, faced cancellation of license due to allegations of tampering with the metering unit and short delivery – First inspection report showed no errors, but a second inspection on the same day found the seals broken – Held, cancellation order based on erroneous interpretati...

HIGH COURTS PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 5334 OF 2014 Docid 2014 LEJ Civil PH 84

(8) THE PUNJAB STATE AND ANOTHER …PETITIONER Vs. EX. CONSTABLE SARABJIT SINGH …RESPONDENT D.D 28/11/2014 HIGH COURTS

Police Service – Discharge During Probation – Absence from Duty – Respondent, a probationary police constable, discharged from service for unauthorized absences and habitual absenteeism under Rule 12.21 – Trial Court dismissed respondent's suit challenging discharge, but Additional District Judge set aside discharge for lack of regular inquiry – Held, Rule 12.21 a...

HIGH COURTS PUNJAB AND HARYANA # REGULAR SECOND APPEAL NO. 1575 OF 1997 (O&M) Docid 2014 LEJ Civil PH 65

(9) ORIENTAL INSURANCE COMPANY LIMITED …APPELLANT Vs. RACHAN KAUR AND OTHERS …RESPONDENTS D.D 25/11/2014 HIGH COURTS

Employees’ Compensation – Penalty and Interest – Pay and Recover – Truck driver employed by respondent No. 4 died in an accident – Insurance policy held by appellant covered legal liability – Commissioner awarded compensation, interest, and 25% penalty against insurance company – Appellant contended penalty liability rests with employer – Held, emplo...

HIGH COURTS PUNJAB AND HARYANA # FIRST APPEAL ORDER NO. 2629 OF 1999 Docid 2014 LEJ Civil PH 44