Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Government Can't Deny Implied Surrender After Refusing to Accept Possession: Madras HC Clarifies Scope of Section 111(f) of TP Act Custodial Interrogation Must Prevail Over Pre-Arrest Comfort in Hate Speech Cases: Punjab & Haryana High Court Denies Anticipatory Bail for Provocative Remarks Against Migrants Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Cruelty Must Be Grave and Proven – Mere Allegations of Disobedience or Demand for Separate Residence Don’t Justify Divorce: Jharkhand High Court Rejects Husband’s Divorce Appeal Retaliatory Prosecution Cannot Override Liberty: Himachal Pradesh High Court Grants Bail in PMLA Case Post CBI Trap of ED Officer Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal Findings of Fact Cannot Be Re-Appreciated in an Appeal Under Section 10F Companies Act: Madras High Court Equality Is Not A Mechanical Formula, But A Human Commitment: P&H High Court Grants Visually Impaired Mali Retrospective Promotions With Full Benefits Orissa High Court Rules Notice for No Confidence Motion Must Include Both Requisition and Resolution – Provision Held Mandatory Ashramam Built on Private Land, Managed by Family – Not a Public Religious Institution: Andhra Pradesh High Court Quashes Endowments Notification Cruelty Must Be Proved, Not Presumed: Gujarat High Court Acquits Deceased Husband In 498A Case After 22 Years Trade Dress Protection Goes Beyond Labels: Calcutta High Court Affirms Injunction Over Coconut Oil Packaging Mimicry Mere Filing of Income Tax Returns Does Not Exonerate the Accused: Madras High Court Refuses Discharge to Wife of Public Servant in ₹2 Crore DA Case

(1) STATE OF PUNJAB THROUGH SDM-CUM-LAND ACQUISITION COLLECTOR, KHARAR …Petitioner Vs. SURINDER KAUR …Respondent D.D 26/11/2019

Land Acquisition Act, 1894/2013 - Sections 23(1A), 23(2), and 28 - Compulsory Acquisition - Interest and Additional Compensation - Held, in compulsory acquisition, an appreciation price at 12% per annum from the date of notification is payable. Decree holder entitled to benefits under Sections 23(1A), 23(2), and 28. [Para 11]   Arrears Paid in Installments - Interest Calculation - Analy...

PUNJAB AND HARYANA # CR No. 3283 of 2017 Docid 2019 LEJ Civil PH 71

(2) STATE OF PUNJAB …Petitioner Vs. M/S OASIS CONTRACTORS AND CONSULTANT PVT. LTD. AND ANOTHER …Respondents D.D 22/11/2019

Arbitration and Conciliation Act, 1996 - Micro, Small and Medium Enterprises Development Act, 2006 - Section 19 - Interpretation - Held, Section 19 of the MSME Act does not apply to an arbitral award unless the procedure under Section 18 of the Act is followed. The section must be read as it is without importing or deleting any words. Application requiring deposit of 75% of the awarded amount for ...

PUNJAB AND HARYANA # CR No. 6867 of 2019 Docid 2019 LEJ Civil PH 92

(3) AMIT GARG ...Petitioner Vs. STATE OF PUNJAB AND OTHERS ...Respondents D.D 01/11/2019

Compassionate Appointment - Mode of Recruitment - Held, compassionate appointments do not constitute a mode of recruitment but are provided as a welfare measure to help the deceased employee's family tide over financial crisis. Application for such appointment must be made within one year of attaining majority or securing educational qualification. Petitioner's claim at age 31, long after ...

PUNJAB AND HARYANA # CWP No. 15868 of 2017 Docid 2019 LEJ Civil PH 24

(4) LAKHVIR SINGH …Appellant Vs. KARAMJIT KAUR …Respondent D.D 01/11/2019

Hindu Marriage Act, 1955 - Section 13 - Divorce on Grounds of Cruelty and Desertion - Held, husband's sweeping allegations of cruelty were unsubstantiated and negated by his own witnesses. Allegations of attempted suicide by wife also not proven. Evidence showed wife willing to reconcile and husband unwilling to accept her back. Appeal dismissed.   Cruelty - Lack of Evidence - Analy...

PUNJAB AND HARYANA # FAO No. 7340 of 2017 Docid 2019 LEJ Civil PH 86

(5) DIRECTOR, DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS-CUM-STATE REGISTRAR UID PROJECT, PUNJAB ...Appellant Vs. M/S VIRGO SOFTECH LIMITED AND ANOTHER ...Respondents D.D 29/10/2019

Arbitration and Conciliation Act, 1996 - Limitation for Filing Objections - Interpretation of Section 31(5) and Section 3 - Held, limitation period for filing objections to an arbitral award begins from the date the award is received by the party at its place of business, not from the date it is put up before the competent authority within the organization.   Arbitral Award - Commenceme...

PUNJAB AND HARYANA # FAO No. 4403 of 2019 Docid 2019 LEJ Civil PH 59

(6) YASHKEERAT KAUR HAYER …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 22/10/2019

  Sports Policy – Admission to MBBS – Exclusion of International Achievements – Petitioner, a sports person representing India, challenged the issuance of a Sports Gradation Certificate that excluded her international achievements – Court found the Sports Policy dated 10.12.1997 arbitrary for not considering international participation where a sports person represen...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 17361 OF 2019 Docid 2019 LEJ Civil PH 42

(7) M/S SHANKAR RICE MILLS …Appellant Vs. PUNJAB STATE CO-OPERATIVE SUPPLY & MARKETING FED. LTD. AND OTHERS …Respondents D.D 18/10/2019

Arbitration Law - Delivery of Arbitral Award - Section 31(5) - Appellant's objections under Section 34 dismissed as time-barred - Objection based on non-receipt of the award due to incorrect address used by arbitrator - Court held that Section 31(5) mandates delivery of signed copy of the award to each party - Non-delivery constitutes non-compliance - Case remanded to District Court to decide ...

PUNJAB AND HARYANA # FAO No.10049 of 2014 (O&M) Docid 2019 LEJ Civil PH 41

(8) MUNICIPAL COUNCIL, KHARAR …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 18/10/2019

Village Common Lands – Conflict between Evacuee Property Act and Punjab Village Common Lands Act – Provisions of 1961 Act prevail over the 1950 Act – Shamilat Deh land vested in Gram Panchayat, not Custodian – 1995 Amendment protects allotments made prior to 9th July 1985 – Allotment in favor of deceased Assa Singh statutorily protected despite subsequent challenges [...

PUNJAB AND HARYANA # REGULAR SECOND APPEAL NO. 2479 OF 2017 Docid 2019 LEJ Civil PH 85

(9) GURPREET SINGH …Petitioner Vs. HARMEET SINGH AND ANOTHER …Respondents D.D 04/10/2019

East Punjab Urban Rent Restriction Act, 1949 - Interpretation of 'building' and 'basic amenity' - Revision against interim direction to open locked bathroom - Held, bathroom/toilet considered as basic amenity essential for tenant's use notwithstanding its omission from the rent deed.   Basic Amenities - Tenant's Right to Use Bathroom - Analysis - Held: Notwithsta...

PUNJAB AND HARYANA # CR No. 1107 of 2017 Docid 2019 LEJ Civil PH 71