Order VIII Rules 3 & 5 CPC | Silence Is Admission: State’s Failure To Specifically Deny Hiring Amounts To Acceptance: JK HC Mere Entry, Abuse Or Assault Is Not Civil Contempt – Willfulness And Dispossession Must Be Clearly Proved: Bombay High Court Magistrate Cannot Shut Eyes To Final Report After Cognizance – Supplementary Report Must Be Judicially Considered Before Framing Charges: Allahabad High Court Examination-in-Chief Alone Cannot Sustain Conviction Amid Serious Doubts: Delhi High Court Upholds Acquittal in Grievous Hurt Case Employees Cannot Pick Favourable Terms and Reject the Rest: Bombay High Court Upholds SIDBI’s Cut-Off Date for Pension to CPF Optees Cannot Reclaim Absolute Ownership After Letting Your Declaration Suit Fail: AP High Court Enforces Finality in Partition Appeal Death Due to Fat Embolism and Delayed Treatment Is Not Culpable Homicide: Orissa High Court Converts 30-Year-Old 304 Part-I Conviction to Grievous Hurt Fabricated Lease Cannot Be Sanctified by Consolidation Entry: Orissa High Court Dismisses 36-Year-Old Second Appeal Rules of the Game Were Never Changed: Delhi High Court Upholds CSIR’s Power to Prescribe Minimum Threshold in CASE-2023 Resignation Does Not Forfeit Earned Pension: Calcutta High Court Declares Company Superannuation Benefit as ‘Wages’ Under Law Fraud Vitiates Everything—Stranger Can File Independent Suit Against Compromise Decree: Bombay High Court Refuses to Reject 49-Year-Old Challenge at Threshold Mere Long Possession By One Co-Owner Does Not Destroy The Co-Ownership Right Of The Other: Madras High Court State Cannot Hide Behind An Illegal Undertaking: Punjab & Haryana High Court Questions Denial Of Retrospective Regularization Sentence Cannot Be Reduced to Two Months for Four Life-Threatening Stab Wounds: Supreme Court Restores 3-Year RI in Attempt to Murder Case Suspicion, However Grave, Cannot Substitute Proof: Apex Court Reaffirms Limits of Section 106 IEA Accused at the Time of the Statement Was Not in the Custody of the Police - Discovery Statement Held Inadmissible Under Section 27: Supreme Court Failure to Explain What Happened After ‘Last Seen Together’ Becomes an Additional Link: Supreme Court Strengthens Section 106 Evidence Act Doctrine Suicide in a Pact Is Conditional Upon Mutual Participation — Survivor’s Resolve Reinforces the Act: Supreme Court Affirms Conviction Under Section 306 IPC Participation in Draw Does Not Cure Illegality: Supreme Court Rejects Estoppel in Arbitrary Flat Allotment Case Nepotism and Self-Aggrandizement Are Anathema to a Democratic System: Supreme Court Quashes Allotment of Super Deluxe Flats by Government Employees’ Welfare Society Liberty Is Not Absolute When It Becomes a Threat to Society: Supreme Court Cancels Bail of Alleged ₹6.5 Crore Fraud Mastermind Magistrate’s Power Is Limited — Sessions Court May Yet Try the Case: Supreme Court Corrects High Court’s Misconception in ₹6.5 Crore Fraud Bail Order Dacoity Cannot Be Presumed, It Must Be Proved: Allahabad High Court Acquits Villagers After 43 Years, Citing ‘Glaring Lapses’ in Prosecution Case When the Judge Signs with the Prosecutor, Justice Is Already Compromised: MP High Court Quashes Tainted Medical College Enquiry Strict Rules Of Evidence Do Not Apply To Proceedings Before The Family Court: Kerala High Court Upholds Wife’s Claim For Gold And Money Commission Workers Cannot Claim Status of Civil Servants: Gujarat High Court Declines Regularization of Physically Challenged Case-Paper Operators Non-Wearing of Helmet Had a Direct Nexus with Fatal Head Injuries  : Madras High Court Upholds 25% Contributory Negligence for Helmet Violation Only a ‘Person Aggrieved’ Can Prosecute Defamation – Political Party Must Be Properly Represented: Karnataka High Court Quashes Case Against Rahul Gandhi

(1) VINAY KUMAR VERMA & ANR. ..... Petitioners Vs. HARJIT SINGH SHAH ..... Respondent D.D 29/11/2023

Revision Petition in Eviction Case – Petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 – Challenging order allowing respondent's application for leave to defend in an eviction case – Eviction sought by petitioners on grounds of personal necessity for starting a business – Respondent denied existence of landlord-tenant relationship and questioned petiti...

DELHI # RC.REV. 409/2018 & CM APPL. 34567/2018 Docid 2023 LEJ Civil Del 26

(2) M/S. J.K.Tyres And Industries Ltd., Vikrant Tyre Plant, …Petitioner Vs. General Secretary, Vikrant Tyres Employees' Union, …Respondent D.D 29/11/2023

Industrial Disputes Act – Strike by workers – Entitlement to wages during the strike period – Tribunal’s award granting 50% wages during an illegal strike challenged – Principles of law regarding payment of wages during work stoppages due to strikes discussed. [Para 8] Industrial Tribunal’s Award – Failure to consider relevant factors – Disregard ...

KARNATAKA # WRIT PETITION NO.43642 OF 2012 (L-RES) Docid 2023 LEJ Civil Karnt 10

(3) CHAMKAUR SINGH . . . . Petitioner Vs. The Moga Central Co-Op. Bank Ltd. . . . . Respondent D.D 29/11/2023

Revision Against Deposit Order – Petitioner, convicted under Section 138 of the NI Act and directed to pay compensation, challenges the appellate court’s order requiring deposit of 20% of compensation. Raises the issue of financial hardship due to losses during the Covid period. [Para 1, 4]   Appellate Court’s Order – Appellate court suspended the sentence under ...

PUNJAB AND HARYANA # CRR-2600-2023 Docid 2023 LEJ Crim PH 82

(4) HIMANSHU KAUSHAL ... Petitioner Vs. State of Punjab and others ... Respondents D.D 29/11/2023

Petition under Section 482 CrPC – Seeking action based on representation dated 10.03.2022 (Annexure P3) and enquiry report dated 12.08.2022 (Annexure P4) against the accused for posting vulgar and threatening comments on petitioner's family photographs on Facebook – Allegation of police inaction due to political influence. [Para 1]   FIR No. 154 of 2021 – Backgroun...

PUNJAB AND HARYANA # CRM-M-48533-2022 (O&M) Docid 2023 LEJ Crim PH 16

(5) Lekh Ram …Petitioner Vs. State Bank Of India …Respondent D.D 29/11/2023

Civil Revision – Setting aside of order – Petitioner seeks to set aside the order of the trial Court dismissing the application to summon the Branch Manager of the respondent Bank along with relevant records – Dispute arises from the petitioner's credit facility and non-payment of insurance premium – Trial Court's dismissal of the application found erroneous –...

PUNJAB AND HARYANA # Civil Revision No. 7145 of 2023(O&M) Docid 2023 LEJ Civil PH 20

(6) SUNITA …PETITIONER Vs. STATE OF PUNJAB …RESPONDENT D.D 29/11/2023

Anticipatory Bail Petition – Cheating and Fraud Allegations – Petition under Section 438 of Cr.P.C. for anticipatory bail in FIR No.28, dated 10.03.2023, registered under Sections 406, 420, 34 IPC at Police Station Garhshankar, District Hoshiarpur, concerning allegations of cheating and fraud in a failed matrimonial alliance. [Para 1]   Background of the Case – Complai...

PUNJAB AND HARYANA # CRM-M-22248-2023 Docid 2023 LEJ Crim PH 94

(7) Deepak ......Petitioner Vs. State of Haryana .....Respondent D.D 29/11/2023

Bail Petitions in FIR No.437 – Assault and Robbery – Petitions filed under Section 439 Cr.P.C. for grant of regular bail in FIR No.437 registered under Sections 147, 149, 323, 307, 365, 379-B, 427, 506, 120-B IPC, and Section 25 of Arms Act. [Para 1]   FIR Details – Assault and Snatching Incident – FIR based on a complaint by Sohail, alleging assault by 20-30 per...

PUNJAB AND HARYANA # CRM-M-53614 of 2023 Docid 2023 LEJ Crim PH 12

(8) Kiran Kaur and another ……Petitioner Vs. State of Punjab and others ……Respondents D.D 29/11/2023

Protection for Live-in Couples - Constitutional Right - Petitioners in a live-in relationship seeking protection for their life and liberty under Article 226 of the Constitution - Emphasis on the constitutional right to life and liberty, which includes the right to live with a partner of one’s choice, whether in a formal marriage or a live-in relationship. [Para 10, 14]   Previous...

PUNJAB AND HARYANA # CRWP-11499-2023 (O & M) Docid 2023 LEJ Civil PH 58

(9) BHAGWAN DASS AND ANOTHER …APPELLANTS Vs. NIHAL CHAND AND OTHERS …RESPONDENTS D.D 29/11/2023

Land Acquisition - Apportionment of Compensation - Regular First Appeal - Appellants contested Reference Court's award of 75% compensation to respondent as tenant - Held, Co-sharer can occupy more than their share as a tenant under other co-sharers - However, respondent failed to prove payment of rent - Reference Court's decision modified, respondent entitled to 1/3rd share of compensation...

PUNJAB AND HARYANA # RFA Nos.: 234 of 2018 & 379 of 2018 Docid 2023 LEJ Civil PH 21