Bail Application - Regular bail sought under Section 439 Cr.P.C. in a case involving charges under Sections 302, 34 of the IPC - Custody certificate filed - FIR based on the complaint of the deceased's brother alleging assault by the petitioner and others - Complainant's statement primarily based on hearsay - Petitioner in custody since January 16, 2023 - Material witness (complainant) already examined - Petitioner's absence attributed to the COVID-19 pandemic - Petition allowed, petitioner ordered to be released on bail, without commenting on the merits of the case. [Para 1-7]

Transfer Petition – Transfer of a petition under Section 13(1)(ia) of the Hindu Marriage Act from Family Court, Amritsar to Camp Court Patti, Tarn Taran – Petitioner’s claim of the minor girl child being in her custody – FIR registered under Sections 498-A, 406, 120-B IPC – Mediation proceedings failed – Convenience of the female litigant – Economic soundness and social strata of the parties considered – Convenience of the wife in traveling alone – Connectivity and bearing of litigation expenses – Transfer allowed with conditions.

Transfer of Cases – Transfer of cases involving common questions of fact and law between the same parties – Avoiding multiplicity in trial and conflict of decisions – Desirability of trying cases together – Consideration of wife’s convenience in transfer matters – Reference to judgments in Sumita Singh, Rajani Kishor Pardeshi, and N.C.V. Aishwarya cases.

Decision – Transfer petition allowed – Petition under Section 13(1)(ia) of the Hindu Marriage Act transferred to Camp Court Patti, Tarn Taran – Directions issued for transfer of records and appearances – Mediation and conciliation encouraged – Conditions imposed on the respondent for revival of the petition if contested.

Service Matter – Departmental Proceeding – Allegation of misconduct against a primary school teacher – Petitioner accused of molesting a student – Acquittal in criminal case due to a joint compromise petition – Disciplinary Authority imposed major penalty of dismissal – Appellate Authority affirmed the order – Review application rejected – Central Administrative Tribunal upheld the decision – Victim’s statement exonerative – Lack of evidence to support misconduct – Decision based on no evidence – Penalty disproportionate – Orders quashed – Petitioner reinstated with full back wages and benefits – Cost awarded to the petitioner. [Para 1-22]

Family Law – Divorce – Appellant seeking divorce on grounds of cruelty and desertion – Trial Court dismissed the petition – Appellant challenges the judgment – Clubbing of issues by Trial Court not erroneous – Evidence supports that the wife was left in her parental home when she was ill and efforts to bring her back were resisted by the appellant and his family – Marriage breakdown not a ground for divorce under the Hindu Marriage Act – Power to dissolve marriage on the ground of irretrievable breakdown vested in the Supreme Court under Article 142 of the Constitution – Appeal dismissed. [Para 2-36]

Trademark Infringement - Plaintiff, Red Bull AG, asserts ownership of the 'RED BULL' trademark for energy drinks - International recognition of the mark - Defendants use an identical silver and blue color combination for 'SEVEN HOURS' energy drinks - Plaintiff seeks protection - Court grants an ad-interim ex-parte injunction against Defendants' manufacturing with the similar color combination and on e-commerce platforms. [Para 2-10]

Seizure and Disposition - Filled cans permitted to be disposed of by the Defendants with conditions - Unfilled cans to be destroyed - Defendants agree to suffer a decree - Permission to fill unfilled cans and sell them, subject to payment of monetary damages to the Plaintiff. [Para 12-16]

Decree and Trademark Applications - Court decrees the suit in favor of Plaintiff for damages and costs - Withdrawal of Defendants' trademark applications - Plaintiff allows Defendants to use the 'SEVEN HOURS' mark - Refund of court fees. [Para 17-19]

Criminal Procedure – Invocation of Section 323 Cr.P.C – Necessity of a speaking order when invoking Section 323 Cr.P.C to transfer a case to the Sessions Court – Lack of a clear reason stated in the order for transferring the case – Order set aside – Magistrate directed to reconsider whether Section 323 Cr.P.C should be invoked in light of this order. [Para 5-6]

Narcotics Drugs and Psychotropic Substances Act (NDPS Act) - Bail Application - Accused seeking bail in a case under NDPS Act and other sections - Criminal history of the accused - Co-accused granted bail under similar circumstances - Bail granted with stringent conditions. [Para 1-12]

Conditions for Bail - Stringent conditions imposed to ensure accused's compliance with the law - Surrender of weapons and firearms - Limitations on mobile phone usage - Compliance with undertakings - Firearms to be returned upon acquittal - Possibility of cancellation of bail for subsequent offences. [Para 13-22]

Proportionality of Bail Conditions - Bail conditions must have a nexus to their purpose and be proportional - Balancing the accused's liberty and a fair trial - Conditions to be explained to the accused in a language they understand - Possibility of reduction or modification of bond amount and conditions. [Para 23-26]

Allotment of Paddy – Dispute with MARKFED – Petitioner seeks to set aside an order declining allotment – Legal history of civil suits, appeals, and encashment of bank guarantee – Division Bench's declaration of bank guarantee encashment as illegal – Lack of a crystallized demand against the petitioner – Petitioner's history of paddy allotment from 1995-1996 to 2022-2023 – Impugned order seemingly contrary to court orders and law – No specific policy clause invoked by the respondent to deny allotment – Petition allowed, impugned order set aside, and directed respondents to consider petitioner for the allotment of free paddy for KMS 2023-2024. [Para 1-10]

Essential Pre-requisites under Section 138 of NI Act: Referring to a prior judgment, the Court reiterated the importance of certain dates to be clear in the complaint for making out an offence under Section 138, NI Act. Such dates include the date on the cheque, date of deposit, date of bank’s notice concerning bouncing, date of notice by the drawee/payee to the drawer, date of notice receipt by the drawer, and the date of complaint filing. [Para 7]

Receipt of Demand Notice – Inference from Records: The Court highlighted that while the date of receipt of the demand notice is crucial, it need not be explicitly mentioned in the complaint. It can be inferred from the documents/evidence on record. [Para 8]

Presumption of Service of Notice: Citing Supreme Court judgments, the Court elucidated the presumptions under Section 114 of the Evidence Act and Section 27 of the General Clauses Act concerning service of notice. It’s noted that the presumption of service is deemed effected if sent to the correct address by registered post, unless proved otherwise by the addressee. [Para 9-10]

Affirmation of Summoning Order: The Court found no infirmity, illegality or irregularity in the summoning order dated 19.07.2022 and the order dated 01.06.2023, thereby dismissing the petition. The trial court’s presumption regarding the service of demand notice was deemed justified even in the absence of a track consignment report, given the notice was sent via registered post to the correct address. [Para 10-11]