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

(1) TEJA SINGH …PETITIONER Vs. JAGTAR @ TARI AND OTHERS …RESPONDENTS D.D 04/05/2017

Civil Procedure - Striking Off Defense - Extension of Time for Filing Written Statement – Petitioner's defense was struck off for failure to file the written statement within the statutory period of 90 days – Held, the power to extend the time beyond 30 days is not automatic and must be exercised with caution and adequate reasons – Extension beyond 90 days should be granted o...

PUNJAB AND HARYANA # CR No. 3135 of 2017 Docid 2017 LEJ Civil PH 20

(2) HEAD TEACHER, M.G. GOVERNMENT PRIMARY SCHOOL, PANCHOR …PETITIONER Vs. SMT. ANGURI AND ANOTHER …RESPONDENTS D.D 03/05/2017

Constitutional Law - Articles 226 and 227 - Frivolous Petitions by the State – State filed a petition against the Labour Court’s award of ₹50,000 as compensation in lieu of reinstatement for the respondent – Court held the petition frivolous and exhibiting heartlessness and apathy towards the respondent – Labour Court had refused reinstatement and granted compensation aft...

PUNJAB AND HARYANA # CWP No. 9375 of 2017 Docid 2017 LEJ Civil PH 20

(3) THE EXECUTIVE TECHNICAL & SCALES BENZY INFOTECH PRIVATE LTD. …PETITIONER Vs. THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, JALANDHAR & OTHERS …RESPONDENTS D.D 02/05/2017

Industrial Law - Definition of Workman - Managerial and Supervisory Roles – Respondent-workman reinstated with full back wages after Industrial Tribunal found she was not performing managerial or supervisory duties – Designation as 'Senior Executive Customer Support and Training' not indicative of managerial role – High Court held, respondent fell within the definition of...

PUNJAB AND HARYANA # CWP No. 18507 of 2016 Docid 2017 LEJ Civil PH 51

(4) SARABJIT KAUR …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 02/05/2017

Service Law - Withdrawal of Benefits Post-Retirement - Proficiency Step-Ups and ACP – Petitioner, a retired Superintendent, contested the withdrawal of proficiency step-ups granted in 1993 and 1999 and subsequent recoveries from her gratuity and leave encashment – Held, as per Rule 9.4(b)(iii) read with Rule 6.19(c) of the Punjab Civil Services Rules, for reckoning pension, only the co...

PUNJAB AND HARYANA # CWP No. 881 of 2015 Docid 2017 LEJ Civil PH 64

(5) STATE BANK OF INDIA …PETITIONER Vs. ADDITIONAL DEPUTY COMMISSIONER-CUM-DISTRICT MAGISTRATE, JALANDHAR AND OTHERS …RESPONDENTS D.D 01/05/2017

SARFAESI Act - Jurisdiction of DRT vs. Civil Court – Respondent No. 2, a partnership firm, defaulted on a loan, and respondent No. 4, a partner, mortgaged a house – Petitioner-bank initiated recovery under SARFAESI Act – District Magistrate ordered symbolic possession, relegating tenancy disputes to Civil Court – Held, the DRT has exclusive jurisdiction to decide tenancy is...

PUNJAB AND HARYANA # CWP-COM No. 38 of 2016 Docid 2017 LEJ Civil PH 52

(6) NAZAR SINGH …PETITIONER Vs. ROAR SINGH …RESPONDENT D.D 28/04/2017

Civil Procedure - Temporary Injunction - Co-Sharers – The petitioner filed for permanent injunction and sought ad-interim injunction under Order 39 Rules 1 & 2 CPC – Trial Court granted ad-interim injunction directing status quo regarding the suit property – ADJ vacated the injunction citing reliance on an unproven Will – High Court held that declining the injunction ba...

PUNJAB AND HARYANA # CR No. 4985 of 2014 Docid 2017 LEJ Civil PH 76

(7) HARBANS KAUR …APPELLANT Vs. JEET RAM …RESPONDENT D.D 28/04/2017

Motor Vehicle Accident Claims - Determination of Income - Future Prospects – The deceased, Sukhdev Singh, died in an accident on 4.04.2009 at the age of about 40 years – Claimant, his widow, asserted he was an agriculturist earning ₹25,000 per month – Tribunal found no documentary evidence of land ownership or cultivation by the deceased – Income assessed based on minimum...

PUNJAB AND HARYANA # FAO No. 39 of 2012 Docid 2017 LEJ Civil PH 59

(8) RAJESH KUMAR AND ANOTHER …PETITIONERS Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 26/04/2017

Constitutional Law - Article 226 - Incentive Marks for Rural Service – Petitioners, Rural Medical Officers, challenged Clause 17(iii) of the notification dated 29.03.2017 – The clause restricted the incentive of 30% marks for rural service to PCMS/PCMS(Dental) doctors and for admission to government colleges only – Held, the incentive must be granted to all those who rendered ser...

PUNJAB AND HARYANA # CWP No. 7026 of 2017 Docid 2017 LEJ Civil PH 88

(9) ANURAG VASHISHTHA …PETITIONER Vs. THE HARYANA FINANCIAL CORPORATION AND OTHERS …RESPONDENTS D.D 26/04/2017

  Constitutional Law - Judicial Review - Departmental Inquiry – Petitioner, an Additional General Manager, challenged the dismissal from service following a departmental inquiry – Held, judicial review in departmental inquiries focuses on whether proper procedure was followed and principles of natural justice were adhered to – Petitioner received a fair hearing, could lea...

PUNJAB AND HARYANA # CWP No. 5314 of 2007 Docid 2017 LEJ Civil PH 90