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) IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. …APPELLANT Vs. CHANDERPATI AND OTHERS …RESPONDENTS D.D 18/09/2018

Motor Vehicles Act, 1988 - Validity of Driving License for Transport Vehicle - Light Motor Vehicle (LMV) includes transport vehicle - Holder of LMV license is competent to drive transport vehicle with gross weight not exceeding 7500 kg - No need for separate endorsement to drive transport vehicle - Held, the driver, holding a valid LMV license, was authorized to drive the auto-rickshaw, a transpor...

PUNJAB AND HARYANA # FIRST APPEAL FROM ORDER No. 2015 of 2012 Docid 2018 LEJ Civil PH 83

(2) SAHUN …APPELLANT Vs. SMT. JUBEDA AND OTHERS …RESPONDENTS D.D 17/09/2018

Motor Vehicles Act, 1988 - Liability of Insured on Hiring a Driver - Owner's responsibility to take reasonable care in employing a qualified and competent driver - Not required to verify the genuineness of the driving license before hiring - Insurance company must prove the owner's negligence in hiring the driver with a fake license - Held, the insurer must show that the owner failed to ex...

PUNJAB AND HARYANA # FIRST APPEAL FROM ORDER NO. 5926 of 2015 Docid 2018 LEJ Civil PH 43

(3) HINDUSTAN PETROLEUM CORPORATION LIMITED …APPELLANT Vs. SURJIT SINGH AND OTHERS …RESPONDENTS D.D 09/09/2018

Land Acquisition Act, 1894 - Interest on Compensation - Entire compensation deposited with the Land Acquisition Collector - Claimants deprived of withdrawing the compensation due to interim orders - Held, deposit was as good as non-deposit since claimants could not withdraw - Interest under Section 34 payable as rights stem from the statute - Interim orders cannot negate statutory rights - Appeals...

PUNJAB AND HARYANA # LETTERS PATENT APPEAL NO. 1384 of 2018 Docid 2018 LEJ Civil PH 86

(4) ARUN KUMAR …PETITIONER Vs. DES RAJ TANDON (SINCE DECEASED) THROUGH HIS LR …RESPONDENT D.D 07/09/2018

East Punjab Urban Rent Restriction Act, 1949 - Bona Fide Necessity of Landlord - Petition for eviction based on the need for premises for landlord's unmarried sister to open a boutique - Dependency of the relative on the landlord not required to be proved - Held, non-averment of such requirement in the eviction petition is not fatal if sufficient cogent evidence of necessity is provided. Furth...

PUNJAB AND HARYANA # CIVIL REVISION JURISDICTION CR No. 7149 of 2017 Docid 2018 LEJ Civil PH 34

(5) ANINDERJIT SINGH …PETITIONER Vs. KASHMIRA SINGH AND ANOTHER …RESPONDENTS D.D 07/09/2018

East Punjab Urban Rent Restriction Act, 1949 - Subletting without Landlord's Consent - Petition for eviction filed after 15-17 years of alleged subletting - Appellate Authority inferred acquiescence due to delay - Held, as per Section 13(2)(ii)(a), written consent from the landlord is mandatory for subletting - Long delay in filing eviction does not imply acquiescence. Further held, the Appell...

PUNJAB AND HARYANA # CIVIL REVISION JURISDICTION CR No. 4414 of 2011 Docid 2018 LEJ Civil PH 18

(6) M/S NITESH ESTATES LTD. …PETITIONER Vs. MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL OF HARYANA AND OTHERS …RESPONDENTS D.D 07/09/2018

Micro, Small and Medium Enterprises Development Act, 2006 - Definition of Supplier – Filing of Memorandum – Held – Filing of memorandum under Section 8(1) is not a condition precedent for a micro or small enterprise to be considered a supplier under Section 2(n) – Registration under Section 8 is only qualifying and not mandatory for maintaining the application before the Fa...

PUNJAB AND HARYANA # CIVIL WRIT JURISDICTION CWP No. 21088 of 2018 Docid 2018 LEJ Civil PH 87

(7) NAVYUG GOODS CARRIER …PETITIONER Vs. MANPREET SINGH AND ANOTHER …RESPONDENTS D.D 07/09/2018

East Punjab Urban Rent Restriction Act, 1949 - Bona Fide Requirement of Landlord - Eviction sought for landlord's son to start his business - No specific format required for pleadings under the Act - Tenant's failure to object in the written statement regarding lack of specific pleadings on the necessity of the premises - Held, landlord is required to prove the ingredients of bona fide nec...

PUNJAB AND HARYANA # CIVIL REVISION JURISDICTION CR No. 5722 of 2018 Docid 2018 LEJ Civil PH 93

(8) KRISHAN KUMAR BANSAL …PETITIONER Vs. THE PUNJAB AND HARYANA HIGH COURT AND ANOTHER …RESPONDENTS D.D 04/09/2018

Punjab Civil Services (Premature Retirement) Rules, 1975 - Integrity of Judicial Officer - Judicial officer's premature retirement upon completing twenty years of service - High Court found serious anomalies in officer's judgments - Officer failed to mention crucial details like the 'salt' and quantity of contraband in NDPS Act cases - Awarded sentences below mandatory minimums. He...

PUNJAB AND HARYANA # CIVIL WRIT JURISDICTION C.W.P. No. 22193 of 2018 Docid 2018 LEJ Civil PH 97

(9) MEGH RAJ …APPELLANT Vs. LUXMI DUTT AND OTHERS …RESPONDENTS D.D 04/09/2018

Civil Procedure - Injunction - Onus of Proof - Permanent injunction sought by plaintiffs to restrain defendant from interfering with possession of suit land - Onus to prove possession on date of suit and alleged dispossession during suit lies on plaintiffs - Plaintiffs failed to establish possession and took contradictory stands - Appeal partly allowed, suit dismissed concerning constructed portio...

PUNJAB AND HARYANA # Regular Second Appeal No. 3990 of 2016 Docid 2018 LEJ Civil PH 58