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) JOGENDER SINGH AND OTHERS …APPELLANTS Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 10/08/2018

Administrative Law - Recruitment Examination - Expert Committee Opinion-Expert Committee's Decision in Academic Matters – Appeal against the decision of the Committee of Experts on objections to the recruitment test for Assistant Professors (Physics) – Recruitment test conducted by Haryana Public Service Commission – Objections reviewed by a Committee of Professors – Co...

PUNJAB AND HARYANA # LETTERS PATENT APPEAL NO. 1235 OF 2018 Docid 2018 LEJ Civil PH 74

(2) HUKMI DEVI …APPELLANT Vs. GENERAL MANAGER, HARYANA ROADWAYS KAITHAL AND OTHERS …RESPONDENTS D.D 09/08/2018

Motor Vehicles Act - Compensation - Future Prospects - Notional Income- Compensation - Addition for Future Prospects – Appeal for enhancement of compensation due to death of 17-year-old son in a motor accident – Deceased had secured admission to engineering colleges and NDA – Tribunal assessed notional income at Rs. 15,000 per annum and awarded compensation without future prospec...

PUNJAB AND HARYANA # FIRST APPEAL ORDER NO. 4059 OF 2001 Docid 2018 LEJ Civil PH 77

(3) SANJAY …PETITIONER Vs. STATE OF HARYANA AND OTHERS …RESPONDENTS D.D 08/08/2018

Criminal Law - Parole Application - Procedure and Timelines- Parole and Furlough - Procedure and Timelines – Petition for parole under Section 3(1)(b) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 – Petitioner a life convict seeking release for house repair and agricultural purposes – Allegations of procedural delays by jail authorities – Directions is...

PUNJAB AND HARYANA # CIVIL WRIT PETITION NO. 1980 OF 2018 Docid 2018 LEJ Civil PH 68

(4) M/S HOT MILLIONS AND OTHERS …PETITIONERS Vs. HARISH BATRA …RESPONDENT D.D 06/08/2018

Property Law - NRI Landlord - Eviction Petition - Section 13B of East Punjab Urban Rent Restriction Act Landlord-Tenant Relationship - Ownership and NRI Status – Revision against order declining leave to contest and allowing eviction under Section 13B – Landlord, settled in USA, filed eviction petition for premises in Chandigarh – Ownership established through sale deed executed ...

PUNJAB AND HARYANA # CIVIL REVISION NO. 5732 OF 2016 Docid 2018 LEJ Civil PH 60

(5) KEWAL SINGH …APPELLANT Vs. STATE OF PUNJAB …RESPONDENT D.D 06/08/2018

Criminal Law - NDPS Act - Appeal Against Conviction - Joint Consent Memo - Joint Possession Criminal Procedure - Notice under Section 50 of NDPS Act - Joint Offer and Consent – Appeal against conviction under Section 15 of NDPS Act – Accused and co-accused were apprehended together and given a joint offer under Section 50 – Joint consent memo prepared – Co-accused acquit...

PUNJAB AND HARYANA # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 4396-SB OF 2014 Docid 2018 LEJ Crim PH 84

(6) M/S GURU NANAK INDUSTRIES …PETITIONER Vs. STATE OF PUNJAB AND OTHERS …RESPONDENTS D.D 01/08/2018

Punjab Agricultural Produce Markets Act - Market Fees - Vires of Rule 29(7): Petition challenging Rule 29(7) of the Punjab Agricultural Produce Markets (General) Rules, 1962 - Rule deemed agricultural produce bought or sold in a market area if agreement, weighment, or delivery occurred there - Held, Rule 29(7) ultra vires as it exceeds the authority granted by Section 23 of the Act by expanding de...

PUNJAB AND HARYANA # CIVIL WRIT PETITION CWP-3871 of 2000 Docid 2018 LEJ Civil PH 94

(7) HARCHAND SINGH …APPELLANT Vs. UNION OF INDIA AND OTHERS …RESPONDENTS D.D 01/08/2018

Disability Pension - Arrears and Interest - Recurring Cause of Action: Appeal challenging the restriction of arrears to 38 months prior to filing the petition - Held, cause of action for disability pension is recurring - Appellant entitled to full arrears from the date of liability without interest due to delay in claim - Single Bench decision modified to provide full arrears without interest. [Pa...

PUNJAB AND HARYANA # LETTERS PATENT APPEAL LPA No. 2137 of 2016 Docid 2018 LEJ Civil PH 69

(8) M/S UTKARSH BUILDCON PVT. LTD. AND OTHERS …PETITIONERS Vs. CHANDER PRAKASH BANGA AND OTHERS …RESPONDENTS D.D 01/08/2018

Civil Procedure - Recall of Witness - Inherent Powers of Court: Petition to recall plaintiffs' witness for cross-examination after evidence closed - Alternative relief sought to present questions to the trial court for determining their relevance - Held, recalling of witness can be permitted under inherent powers of the court if justified - Petition allowed with direction to trial court to ass...

PUNJAB AND HARYANA # CIVIL REVISION JURISDICTION C. R. No. 4553 of 2018 Docid 2018 LEJ Civil PH 65

(9) BOHAR SINGH …APPELLANT Vs. PRESIDING OFFICER, ELECTION TRIBUNAL (ADC) MOGA, DISTT. MOGA AND OTHERS …RESPONDENTS D.D 25/06/2018

Punjab Panchayat Election Rules - Recounting of Votes - Malpractice Allegations: Appeal against the Election Tribunal's decision to recount votes for the Sarpanch election - Initial result declared appellant as elected - Recount revealed discrepancies, including a significant increase in rejected votes, leading to the respondent being declared elected - Held, recount was ordered without valid ...

PUNJAB AND HARYANA # CIVIL APPELLATE JURISDICTION FAO No. 6139 of 2015 (O&M) Docid 2018 LEJ Civil PH 40