(1) SABIR & OTHERS ...PETITIONER(S) Vs. STATE OF HARYANA & OTHERS ...RESPONDENT(S) D.D 25/01/2023

Land Law - Writ Petition - Ejectment Proceedings - Civil Writ Petition challenging order dismissing revision and notice for possession - Petitioners claimed possession of land leased since June 1991 - Evidence insufficient to establish possession before 1950 - Land categorized as Shamlat Deh vested in Gram Panchayat - Petitioners unable to establish prima facie title - Held, writ petition dismisse...

PUNJAB AND HARYANA # CIVIL WRIT PETITION JURISDICTION CIVIL WRIT PETITION NO. 16236 OF 2020 Docid 2023 LEJ Civil PH 69

(2) DR. UJITA BALLYAN …Appellant Vs. UNION OF INDIA AND OTHERS …Respondents D.D 25/01/2023

Service Law - Retrospective Reduction in Salary - Re-designation – Held, the appellant cannot be re-designated to a post for which the revised consolidated remuneration is less than what she was already receiving. Recovery ordered by reducing the monthly remuneration of a contractual employee with retrospective effect is patently illegal. The order of the learned Single Judge is set aside. T...

PUNJAB AND HARYANA # LPA No. 387 of 2017 Docid 2023 LEJ Civil PH 14

(3) RANO …PETITIONER Vs. DIRECTOR, RURAL DEVELOPMENT AND PANCHAYATS PUNJAB AND OTHERS …RESPONDENTS D.D 24/01/2023

Constitutional Law – Writ Jurisdiction – Eviction Orders – Section 7 of Punjab Village Common Lands (Regulation) Act, 1961 – Petition challenging eviction orders made by the Collector and affirmed by the Appellate Authority. Held that the Collector can only assume jurisdiction under Section 7 if the petition is filed by a Panchayat or an officer authorized by the State Gove...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 26946 OF 2019 Docid 2023 LEJ Civil PH 67

(4) AAKASH …PETITIONER Vs. STATE OF HARYANA …RESPONDENT D.D 24/01/2023

Criminal Law – Juvenile Justice – Regular Bail Petition – Section 439 Cr.P.C. – Section 6 of POCSO Act, 2012 – Section 12 of Juvenile Justice Act, 2000 – Juvenile petitioner ordered to be tried as an adult. Court held that under Section 12 of the Juvenile Justice Act, a juvenile in conflict with law is entitled to bail irrespective of the nature or gravity of th...

PUNJAB AND HARYANA # CRIMINAL MISCELLANEOUS PETITION NO. 37946 OF 2022 Docid 2023 LEJ Crim PH 45

(5) OM PARKASH SHANKLA …APPELLANT Vs. BABU RAM AND OTHERS …RESPONDENTS D.D 24/01/2023

Specific Performance – Joint Ownership – Section 12 of the Specific Relief Act, 1963 – Appeal against decree granting recovery of earnest money instead of specific performance of an agreement to sell. The property was jointly owned by three sons and their mother. Held that each vendor is bound to execute the sale deed to the extent of their individual shares, even if the property...

PUNJAB AND HARYANA # REGULAR SECOND APPEAL NO. 3254 OF 2014 REGULAR SECOND APPEAL NO. 2531 OF 2014 Docid 2023 LEJ Civil PH 76

(6) M/S ASF INSIGNIA SEZ PVT. LTD. ...Petitioner Vs. STATE OF HARYANA AND ANOTHER ...Respondents D.D 24/01/2023

Property Tax – IT-ITES SEZ Property – Industrial vs. Commercial Rates – Petition challenging levy of property tax at commercial rates on IT-ITES SEZ property – Held, property tax to be levied as per actual usage of the premises – SEZ units cannot claim exemption or industrial rates solely based on SEZ classification – Notifications and statutory provisions manda...

PUNJAB AND HARYANA # CWP No. 4096 of 2022 Docid 2023 LEJ Civil PH 31

(7) STATE OF HARYANA AND OTHERS ...APPELLANTS Vs. TEJ RAM AND OTHERS ...RESPONDENTS D.D 24/01/2023

Service Law - Seniority - Deputationists vs. Direct Recruits - Continuous Service- Seniority - Continuous Service in Parent and Borrowing Departments – Letters Patent Appeal challenging the seniority list dated 31.03.2018 – Held: Seniority inter se of members of the service must be determined by the length of continuous service on any post in the service, including service rendered in ...

PUNJAB AND HARYANA # LETTERS PATENT APPEAL NOS. 461 OF 2020 & 1730 OF 2019 Docid 2023 LEJ Civil PH 13

(8) TARLOCHAN SINGH ... APPELLANT Vs. STATE OF PUNJAB ... RESPONDENT D.D 20/01/2023

NDPS Act - Non-Compliance of Section 50 - Appeal against Conviction - Recovery from Cloth Bag - Section 50 not applicable to non-personal search - Conviction under Section 18 upheld. [Para 10]   Witness Credibility - Absence of Independent Witnesses - Statements of Official Witnesses - Genuineness of Prosecution Case - No false implication motive attributed - Testimonies of official wit...

PUNJAB AND HARYANA # CRIMINAL APPEAL NO. 2209-SB OF 2004 Docid 2023 LEJ Crim PH 58

(9) PRADHUMAN SINGH ...PETITIONER Vs. STATE INFORMATION COMMISSION AND ANOTHER ...RESPONDENTS D.D 20/01/2023

Right to Information - Imposition of Penalties - Opportunity of Hearing - Non-Speaking Order-Imposition of Penalties - Right to Hearing – Civil writ petition under Articles 226 and 227 challenging the imposition of a penalty under Section 20 of the Right to Information Act, 2005 – Held: Penalty under Section 20(1) of the Act should only be imposed after providing a reasonable opportuni...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 10633 OF 2021 Docid 2023 LEJ Civil PH 24