MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

(1) PALVINDER SINGH ...PETITIONER Vs. PRESIDING OFFICER, LABOUR COURT 1, GURGAON AND ANOTHER ...RESPONDENTS D.D 11/10/2018

Industrial Disputes Act, 1947 - Section 2(s) - Definition of Workman - Petitioner’s claim rejected on grounds of involvement in selection process and supervisory work with a salary over Rs. 1600/- per month - Held, Management must prove the dominant nature of duties to exclude an employee from the definition of workman - Reliance on a mere statement of the workman is inadequate - Onus is on ...

PUNJAB AND HARYANA # CIVIL WRIT PETITION No. 3396 of 2011 Docid 2018 LEJ Civil PH 97

(2) M/S HORIZON AGROCHEM LIMITED …PETITIONER Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 10/10/2018

Punjab Village Common Lands (Regulation) Rules, 1964 - Transfer of Gram Panchayat Land - Condition to set up sugar mill within two years not fulfilled - Transfer cancelled due to non-fulfillment and improper land value assessment - Held, the condition required setting up the sugar mill within two years failing which land to revert to Gram Panchayat - No illegality in cancellation by the state - Pl...

PUNJAB AND HARYANA # CIVIL WRIT JURISDICTION CWP No. 26085 of 2018 Docid 2018 LEJ Civil PH 63

(3) SEEMA DEVI …PETITIONER Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 09/10/2018

Constitution of India, 1950 - Article 19(1)(g) - Advocates Act, 1961 - Enrolment Requirement - Government servant challenging the condition requiring enrolment with Bar Council for the post of Assistant District Attorney - Held, enrolment as an advocate is necessary as the Assistant District Attorney appears in court as an advocate on behalf of the government - The condition does not violate Artic...

PUNJAB AND HARYANA # CIVIL WRIT JURISDICTION C.W.P. No. 13621 of 2017 Docid 2018 LEJ Civil PH 95

(4) HARBHAJAN SINGH RIAR …PETITIONER Vs. STATE OF PUNJAB AND ANOTHER …RESPONDENTS D.D 09/10/2018

Constitution of India, 1950 - Article 226 - Deterioration of Wheat Stock - Petitioner DFSO held responsible for wheat stock deterioration rejected by FCI - No specific evidence of dereliction of duty by the petitioner - Penalty imposed without substantiation - Held, petitioner was only in a supervisory role and took necessary steps to dispose of the stock - Enquiry initiated solely based on stock ...

PUNJAB AND HARYANA # CIVIL WRIT JURISDICTION CWP No. 18961 of 2015 With CWP No. 88 of 2015 Docid 2018 LEJ Civil PH 60

(5) VIDYA DEVI AND OTHERS …PETITIONERS Vs. SUDESH KUMAR AND OTHERS …RESPONDENTS D.D 06/10/2018

Indian Evidence Act, 1872 - Sections 65 and 66(2) - Secondary Evidence - Application for leading secondary evidence without issuing notice under Section 66 - Held, court has discretion to determine the necessity of notice before leading secondary evidence - Notice not required if the adverse party is aware that the document will be required - Petition dismissed as respondents established that peti...

PUNJAB AND HARYANA # CIVIL REVISION JURISDICTION CR No. 3771 of 2017 Docid 2018 LEJ Civil PH 15

(6) HARENDER PAL AND OTHERS …APPELLANTS Vs. STATE OF HARYANA AND ANOTHER …RESPONDENTS D.D 03/10/2018

Indian Penal Code, 1860 - Sections 302, 307, 506, 148, 149 - Conviction - Complainant party alleged accused of committing murder - Medical evidence indicated a 12 bore shot fired from close range, contradicting the complainant's version of indiscriminate firing from a distance - Held, the medical evidence did not support the ocular version of the complainant and eyewitnesses - Conviction set a...

PUNJAB AND HARYANA # CRIMINAL APPELLATE JURISDICTION CRA-D No. 499-DB of 2015 Docid 2018 LEJ Crim PH 88

(7) SATVINDER SINGH CHAUDHARY …APPELLANT Vs. RITU JAGLAN …RESPONDENT D.D 03/10/2018

Hindu Marriage Act, 1955 - Section 13(1)(i.a) - Cruelty and Desertion - Allegations by husband of cruelty and non-cooperation by wife - Prolonged separation and counter-allegations by both parties - Held, allegations not serious enough to constitute cruelty - Matrimonial cruelty must be such that it is dangerous for either spouse to remain in the company of the other - Appeal dismissed - Divorce c...

PUNJAB AND HARYANA # FIRST APPEAL FROM ORDER No. 323 of 2009 Docid 2018 LEJ Civil PH 32

(8) KAMAL VARINDER …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 26/09/2018

Service Law – Termination of Judicial Officer – Allegations of Illicit Relationship – Petitioner's service terminated based on allegations by another judicial officer's wife – No evidence supporting allegations – Held, termination based on unsubstantiated allegations is unjust – Petitioner's termination order quashed – Petitioner entitled to re...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 8250 OF 2010 (O&M) Docid 2018 LEJ Civil PH 38

(9) PARAMDEEP SINGH …PETITIONER Vs. KANWALJIT SINGH AND OTHERS …RESPONDENTS D.D 25/09/2018

East Punjab Urban Rent Restriction Act, 1949 - Assessment of Provisional Rent - Rent Controller’s duty to assess provisional rent upon tenant's request - Tenant requested provisional rent assessment at the first appearance - Rent Controller failed to assess rent and dismissed the petition on the ground of non-payment - Appellate authority ordered eviction - Held, Rent Controller is oblig...

PUNJAB AND HARYANA # CIVIL REVISION JURISDICTION CR No. 1074 of 2011 Docid 2018 LEJ Civil PH 44