151. Compensation in motor vehicle accident case – Rash and negligent driving – Proof of – FIR against the unknown driver – Appellants-claimants, ought to have examined the Investigating Officer, who recorded the statements of witnesses and nominated respondent No.1, as accused in a criminal case – FIR and report u/s 173 Cr.P.C. simply tendered into evidence -- It is required on the part of the appellants-claimants to lead evidence of its own, with regard to the factum of accident and to establish the rashness and negligence, on the part of the offending vehicle -- No such, evidence has been led -- No sustenance, as such, can be drawn from the contents of the FIR and report under Section 173 Cr.P.C -- Claim petition dismissed. (P&H HC) Decided on: 14.08.2024

152. POCSO -- Bail to juvenile in conflict with law – Right of -- A juvenile in conflict with law has to be necessarily released on bail unless proviso is applicable -- No finding recorded by JJ Board that the proviso to sub-Section 1 of Section 12 is applicable to the facts of the case -- Without recording the said finding, bail could not have been denied -- Psychological Assessment Report of the Juvenile records that the juvenile does not belong to high risk category and against the column “worry list of child” it is mentioned that there was “no worry” – Bail allowed. (SC) Decided on: 14.08.2024

153. Birth by surrogacy in 2019 – Altruistic surrogacy through an egg donor -- Right of Donor -- Guidelines of 2005 are applicable -- Under Guideline No.3.12.1 and the Surrogacy Agreement dated 30.11.2018, it is clearly stated that a child born through ART shall be presumed to be the legitimate child of the couple as having been born from the wedlock and with the consent of both the spouses -- Though the younger sister of Petitioner is the oocyte donor, she has no legitimate right to claim that she is the biological parent/ mother of the twin daughters -- She may qualify to be a genetic mother and nothing more, but by such qualification she would have no intending legal right whatsoever to claim to be the biological mother of the twin daughters as the law clearly does not recognise so. (Bombay HC) Decided on: 13.08.2024

154. Cheque bounce complaint -- Principal amount – Interest thereupon – Repayment of loan – Ground of -- If the rate of interest of 3% instead of 1.8% per month has been added on the principal amount and the amount in the cheques reflects the same, it cannot be said that the cheques were not for repayment of the principal amount -- When the respondent/ accused does not dispute that he has handed over the cheques or signed on them, it was incumbent upon him, the moment he claims the amount(s) were repaid to the appellant/ complainant to have either taken back the cheques or instructed the bank concerned to not honour the concerned cheques -- Closure of the bank accounts within a few weeks of issuance of the cheque raises serious questions about the conduct and intent of the respondent/ accused – Conviction by trial court, upheld. (SC) Decided on: 13.08.2024

155. Issue of possession – Decree of civil court – Effect of -- Proceedings u/s 145/146 Cr.P.C. pertain to the factum of possession of a party and not the right to possess which is to be determined by the Civil Court -- Once the factum of possession and right to possess both have been adjudicated upon by the appropriate Civil Court, the question of initiation of proceedings under Sections 145/146 Cr.P.C. does not arise. (P&H HC) Decided on: 13.08.2024

156. Abetment to suicide – Refusal to marry -- Anticipatory bail -- Neither there is any incident of provocation nor any instigation -- Mere refusal of the proposal for marriage does not attract the provisions of the offence u/s 306 IPC – Bail allowed. (P&H HC) Decided on: 12.08.2024

157. Divorce -- Irretrievably breaking down of marriage – Ground of -- Boggy of irretrievably breaking down of marriage cannot be used to the advantage of a party who is solely responsible for tearing down the marital relationship. (SC) Decided on: 12.08.2024

158. Proclaimed person – Accused abroad -- Petitioner had left for England on 19.05.2019 and though the summons were issued vide order dated 19.04.2019, the same was not received back and thereafter, when the non-bailable warrants were issued against the petitioner vide order dated 06.06.2019, received back unserved with the report that she has gone to England -- A person cannot be said to “abscond” or “evade” the execution of warrant when he had gone to a distant place before the issue of the warrant – Impugned order was not passed in consonance with the mandate of Sections 82 & 105 of Cr.P.C. and is not sustainable in the eyes of law, set aside. (P&H HC) Decided on: 09.08.2024

159. Proclaimed offender – Quashing -- Proclamation u/s 82 Cr.P.C. was ordered to be issued for 04.11.2022 -- Proclamation warrant were fixed on 03.11.2022 at the house of the petitioner, public place and notice board of the Court -- On 04.11.2022, as one month’s time has not elapsed after the publication, the case was adjourned to 16.12.2022 awaiting the presence of the petitioner – Held, the trial Court could not extend the time by simply adjourning the case for awaiting the appearance of the petitioner and was mandatorily required to issue the proclamation against for publication thereof in accordance with the provisions of Section 82(2) Cr.P.C -- Apart from that, the proclamation was not read publicly in some conspicuous place in the town/ village in which the accused ordinarily resided and the proclamation was not duly published – Impugned order declaring petitioner as proclaimed offender set aside. (P&H HC) Decided on: 09.08.2024

160. Bail – Principles – Held, over a period of time, the trial courts and the High Courts have forgotten a very well-settled principle of law that bail is not to be withheld as a punishment -- On account of non-grant of bail even in straight forward open and shut cases, Supreme Court is flooded with huge number of bail petitions thereby adding to the huge pendency -- Trial courts and the High Courts attempt to play safe in matters of grant of bail -- Trial courts and the High Courts should recognize the principle that “bail is rule and jail is exception”. (SC) Decided on: 09.08.2024

161. Railway Accidents (Compensation) Rules 1990, Schedule I -- Compensation in railway accident case – Death by fall from train – Accident on 5 September 2003 – Revised compensation – Permissibility of -- In 2003, the compensation payable for the death of a passenger was Rs 4,00,000 -- The compensation payable for the death of a passenger as on date is Rs 8,00,000, which was enhanced by a notification bearing GSR 1165(E) dated 22 December 2016 -- Appellant is entitled to compensation quantified at Rs 8,00,000. (SC) Decided on: 09.08.2024

162. Reinvestigation/ Further investigation -- Right of an accused at the stage of investigation – Accused has no right -- Charge sheet submitted before the Court concerned -- Discrepancies related to date(s) and time would be considered by the trial Court at the stage of trial and the same are not required for seeking re-investigation/ further investigation in present case. (Allahabad HC) Reserved on: 18.07.2024 Delivered on: 09.08.2024

163. Nikah/ Muslim marriage in autorickshaw – Conversion of religion -- CBI enquiry – Witnesses of marriage stated that neither did they participate in the marriage nor have signed the marriage certificate -- Marriage solemnized appears to be an eye wash as by no stretch of imagination, a Maulvi/Quazi under the Mohammedan law can be expected to perform NIKAH in an auto-rickshaw, without the presence of two witnesses coupled with the place of solemnization of marriage stated to be at Masjid, raises a profound and conspicuous suspicion which needs to be debunked by conducting probe through an independent and Central agency i.e. CBI. -- CBI will conduct a thorough and fair inquiry into the matter particularly from the perspective as to whether any such attempt of coordinated and illegal conversion for the sake of marriage has been made and the motive behind the marriage of getting it solemnized in an auto-rickshaw without the presence of any witnesses and an attorney; and also whether the Maulvi/Quazi was competent enough to perform the marriage as per the desired customs and rituals of the Muslim religion, at such a ‘place’, and also to inquire into the credentials of the attorney. (P&H HC) Decided on: 09.08.2024

164. Benefit of increments withdrawn from employee – Recovery of -- Petitioner is working as SS Master, which is a Class-III Post -- Benefit of the increments given in the year 2011, withdrawn in the year 2021 after a period of ten years – Held, no recovery can be made from the petitioner -- Any recovery done from the petitioner be refunded back to him within a period of eight weeks. (P&H HC) Decided on: 08.08.2024

165. Appointment of Lambardar – Less land holding – 10th pass in comparison to BA -- Choice of Collector – Interference in – Petitioner is 10th Pass having 6 acres of land -- Respondent no. 4 is BA Pass having 15 acres of land -- Petitioner is younger in age than respondent No. 4 and is sufficiently educated and has sufficient landholding -- Further, the name of the petitioner was recommended by the lower revenue officers and the learned Collector found the petitioner as the most suitable candidate for appointment to the post of Lambardar -- Financial Commissioner/ FC remanded the case by noticing the claim of respondent No. 4 that he is more educated and he holds more land than the petitioner whereas the other relevant aspects have not been taken into consideration -- Choice of Collector is not to be lightly interfered with, even if two views are possible – Order of FC set aside, order passed by ld. Collector, appointing the petitioner as Lambardar upheld. (P&H HC) Decided on: 08.08.2024

166. Amendment of plaint -- Petitioner initially filed a suit for mandatory injunction, however, reserved her right to seek recovery of the amount through separate legal proceedings -- Subsequently, the petitioner sought amendment of the plaint -- Foundational facts for recovery of amount have already established in the plaint, therefore, the reasoning adopted by the learned trial Court that amendment would change the nature of the suit, is untenable – Order of the trial Court set aside and the application for amendment allowed. (P&H HC) Decided on: 08.08.2024

167. First Information Report (FIR) -- First version of the incident as narrated by the Police Constable would be required to be treated as the FIR -- FIR was lodged much later based on the statement of PW-11, it would be relegated to the category of a statement u/s 161 CrPC -- Same could not have been treated to be the FIR as it would be hit by Section 162 CrPC -- Prosecution is guilty of concealing the initial version from the Court and hence, an adverse inference deserves to be drawn against the prosecution on this count. (SC) Decided on: 08.08.2024

168. Disciplinary proceedings after retirement – Permissibility of -- No disciplinary proceedings could have been initiated after 2 years of the retirement -- Petitioner retired from service on 31.03.2020 and the chargesheet being served upon him on 02.05.2022 relating to an incident related to the year 2014 – Held, respondent-State did not had jurisdiction to serve a chargesheet, the same is set aside. (P&H HC) Decided on: 08.08.2024

169. Family Pension – Right of wife – Deceased employee gave affidavit in favour of respondent no. 4/ brother’s wife for service benefits and family pension – Held, once the widow is claiming the family pension on the basis of the Rules, the Department cannot deny her benefit -- Family pension is to be admissible only to the claimants envisaged under the Rules, will not be governed by the affidavit issued by the employee concerned – Petitioner/ wife held entitled family pension and interest on the arrears @ 6% per annum. (P&H HC) Decided on: 07.08.2024

170. Senior Citizen -- Eviction of niece – Maintainability of -- Civil suits between parties pending – Effect of -- Petitioner, is an old-aged lady in her late seventies, who is stated to have been suffering from serious ailments and is presently undergoing Dialysis; she is currently on ventilator -- Respondent no. 2/ niece interfering in the peaceful possession of the petitioner’s property thereby endangering her life -- Court deemed it just and proper that justice would be met if the petitioner is allowed to enjoy her property without any hindrance -- Maintenance Tribunal was well within its jurisdiction to pass an order of eviction against niece -- Rights of the parties over the property is sub-judice before the civil court is concerned, it has no bearing to the facts of the case -- Application filed by the petitioner against the respondent no. 2/ niece was clearly maintainable -- Respondent no.2 is directed to vacate the property in question within a week. (UK HC) Reserved on: 16.05.2024 Decided on: 07.08.2024

171. GST -- Excess Stock at business premises -- Proceedings u/s 130 of the UP GST Act cannot be put to service if excess stock is found at the time of survey. (Allahabad HC) Decided on: 07.08.2024

172. NDPS case -- Second sample to FSL – Permissibility of -- As per the FSL report, nothing to indicate, any damage to the seals or that the sample was in a damaged condition -- Merely because the presence of Codeine is not mentioned in the FSL report in the sample of Rexcof would not amount to compelling circumstances under which the second sample was required to be sent for reanalyses to CFSL, Chandigarh – Application of prosecution for re-testing dismissed by Ld. Trial Court, upheld. (P&H HC) Reserved on: 01.08.2024 Decided on: 06.08.2024

173. Nakka from the watercourse – Finality of order – Once the matter regarding provisioning of Nakka to the land of respondent No. 3 and/or father of respondent No. 3 was considered and decided by the Superintending Canal Officer and the said order having attained finality, it would be just and expedient not to permit the same issue being agitated again -- Superintending Canal Officer by directly entertaining application of respondent No. 3 and by passing the impugned order has unsettled the settled position, which has not only prevented the finality of decision that has been reached at, but has conveyed a wrong message that a litigant may go on filing applications for a relief claimed and even if the same is denied, it could be granted at some subsequent stage -- This is clearly against public policy and administration of justice -- Civil writ petition allowed and the impugned orders set aside. (P&H HC) Decided on: 06.08.2024

174. Appointment of Arbitrator – Jurisdiction – Cause of action -- Definition of ‘Court’ -- High Court does not fall within definition of Court as defined under Section 2 (1) (e) of 1996 Act -- High Court gets jurisdiction u/s 11(6) where principal Civil Court of original jurisdiction has jurisdiction to decide the questions forming the subject matter of arbitration, had the same been the subject matter of suit -- Cause of action has arisen within jurisdiction of principal Civil Court at Karnal (Haryana) -- Contention of respondent that as per arbitration agreement, Mumbai Court has exclusive jurisdiction – Held, Court at Karnal (Haryana) as well as Mumbai has jurisdiction in term of Section 2(1)(e) read with Section 20 of 1996 Act -- As Civil Court at Karnal (Haryana) has jurisdiction to entertain dispute in question, Punjab and Haryana High Court has jurisdiction to entertain application under Section 11 (6) of 1996 Act. (P&H HC) Decided on: 06.08.2024

175. Deficiency in service by Hospital -- Dead body of father of complainant handed over to another family – That family cremated the said body – Appellants-Hospital could not have avoided their liability on account of deficiency of service -- NCDRC directed the appellant-Hospital to pay only a sum of Rs.5,00,000/- to the complainants and with a further direction that a sum of Rs.25,00,000/- be deposited with the Consumer Legal Aid Account of the State Commission – Held, no justification for passing such an order – Rs.25,00,000/- compensation awarded by SCDRC affirmed to be paid to respondent/ complainant with interest. (SC) Decided on: 06.08.2024

176. Specific performance of contract – Limitation -- In the agreement dated 17.12.1989, it is specifically mentioned that the sale deed would be executed within one month from the date of the said agreement -- One month would expire on 16.01.1990, limitation period would be three years from the said date, which would expire on 16.01.1993 – Suit filed in September, 1993 -- Suit liable to be dismissed on the ground of limitation alone – Advance of Rs. 80,000/- ordered to be returned to the plaintiffs along with 12% simple interest. (SC) Decided on: 05.08.2024

177. Appointment of Lambardar -- Petitioner is younger in age; is more educated than respondent No.4 and her name was recommended by the SDM – Ld Collector’s appointed petitioner as Lambardar and order was further upheld by the learned Divisional Commissioner, however the Financial Commissioner set aside both orders and appointed respondent no.4 as Lambardar. -- In the State of Punjab, age of a candidate is a relevant factor. -- Respondent No. 4 owns more land however the petitioner has about 5 Kanals of land, which is sufficient to be taken into consideration for the purpose of security of revenue, collected by the Lambardar. -- Petitioner is a well-educated lady having done M.A. B.Ed. and also holds an I.T. diploma. Order passed by learned Financial Commissioner is unsustainable and the same is accordingly set aside. (P&H HC) Decided on: 05.08.2024

178. Special Leave Petition (SLP) Civil/ Criminal -- Certified copy of impugned order – Requirement of – Exemption of -- Petitions shall be accompanied by a certified copy of the judgment or order appealed from -- If the certified copy is not available on the date of presentation of a special leave petition, proof of application for such copy has to be adduced for the court to consider the prayer for exemption -- This practice direction has to be observed by all litigants who propose to file special leave petitions both on the civil side as well as on the criminal side with effect from 20th August, 2024. (SC) Decided on: 05.08.2024

179. Custody of children -- Writ of habeas corpus – Maintainability of -- Effort to secure temporary custody of the children through a Writ of Habeas Corpus, especially when both the children are girls and are living with their mother, can neither be entertained nor appreciated. (SC) Decided on: 05.08.2024

180. Removal of President of Municipal Council – Appointments of contractual employees -- Appointment letters distributed by President in a programme which was yet to be fixed -- Employees are still working in the Municipal Council, no allegation by the official respondents that the same was done dishonestly or for any extraneous consideration or by using the corrupt practices – It amount to misuse of power, but not an abuse of power – Not warrant his removal from the office – Impugned order quashed. (P&H HC) Reserved on: 30.07.2024 Decided on: 05.08.2024

181. Suit for specific performance – Insufficient stamp on agreement – Penalty of 10 times – Trial court imposed 10 times penalty -- Imposition of penalty to the extent of ten times, is not mandatory and discretion lies with the authority -- Parties entered into agreement to sell, without having knowledge of the amendment carried out by the State of Punjab -- Petitioner-plaintiff shall be liable to pay the deficient stamp duty, along with equivalent amount of penalty, within a period of 30 days. Amit Kumar’s case 2022(3) Law Herald 2472 relied – Revision allowed. (P&H HC) Decided on: 05.08.2024

182. Recovery suit -- Attachment of property before judgment -- Provision contained in Order 38 Rule 5 CPC is an extraordinary provision and a drastic one -- It is not the provision to be adopted as a matter of course -- Provision has to be invoked with utmost caution and circumspection -- It has to be invoked only when there is cogent material on record for the Court to believe possible mischief at the hands of defendant with an intent to defeat or to obstruct the execution of decree yet to passed. (P&H HC) Decided on: 05.08.2024

183. Maintenance to major daughter u/s 125 Cr.P.c. granted by Family court – Challenge to – Section 20(3) of Hindu Adoptions and Maintenance Act, 1956 makes it statutory obligation of a Hindu to maintain his or her daughter, who is unmarried and is unable to maintain herself out of her own earnings or other property -- Section 125 Cr.P.C. limits the claim of maintenance of a child until he or she attains majority -- Held, since the order has been passed by the family court which has jurisdiction to entertain the application u/s 125 Cr.P.C. as well as application under Sub-clause (3) of Section 20 of Act of 1956, no purpose will be served in interfering with the revision and relegating the daughter to move a fresh application before the same court under different provision of law i.e. Section 20(3) of Act of 1956 -- No interference is required with the order impugned. (Allahabad HC) Reserved on: 04.06.2024 Decided on: 02.08.2024

184. Consolidation proceedings -- Possession of new holding -- Petitioners continued in possession of the old khasra numbers and the effect to the consolidation proceedings has not been given, though revenue record may have been corrected -- Writ petition disposed to give effect to the consolidation proceedings qua the petitioners by way of handing over the physical possession of the land to which they are entitled. (P&H HC) Decided on: 02.08.2024

185. Eviction of unauthorised person – Right under consolidation – Ground of -- Final authority came to the conclusion that petitioner had encroached upon the land in dispute, auction whereof had taken place on 10.05.1993 -- Question of entitlement, as such, could not be raised and which is now contended on the strength of consolidation proceedings. (P&H HC) Decided on: 02.08.2024

186. Shamilat deh – Ownership dispute – Framing of issues -- Summary procedure – Sustainability of -- Statutory authorities in a most summary manner declined the espoused declaratory decree – No issue struck on the contentious pleadings -- It was imperative for the authorities concerned, to formulate issues for the relevant evidence adducing onus becoming cast upon the litigants concerned -- Petition allowed, impugned order set aside, matter remanded back to Collector. (P&H HC) Decided on: 02.08.2024

187. Civil Services examination of 2014 – Re-medical test in 2024 -- Petitioner qualified in Prelims, Mains and also the Interview -- Though the petitioner was declared to be ‘temporarily unfit’ after the medical examination dated 29.04.2015 -- Petitioner assumed that he had lost out and overlooked the chance that was provided to him on 14.07.2015, when he was called for re-examination – Court considered it appropriate to grant a limited relief, directing the respondents to re-schedule the re-medical test -- Almost a decade has passed, in the event the petitioner qualifies, he shall neither claim appointment in the 2014 Batch, nor will he be entitled to seniority in the Batch -- If he is to be given appointment, his services shall commence from the date of the appointment – Court exercised jurisdiction under Article 142 of the Constitution of India to do complete justice, as such shall not be treated as a precedent in any case. (SC) Decided on: 02.08.2024

188. Cruelty -- Matrimonial dispute – Anticipatory bail – Enormous conditions -- Purpose of putting conditions while granting pre-arrest bail is to secure the presence of the accused to ensure a fair trial and also for the smooth flow of the investigating process – Courts have to be very cautious in imposing conditions while granting bail upon finding pre-arrest bail to be grantable – Condition for release of petitioner on the provisional bail to give undertaking that the appellant would fulfil all physical and financial requirements by way of an affidavit set aside. (SC) Decided on: 02.08.2024

189. Murder – Culpable homicide not amounting to murder -- Taking into consideration the nature of injuries sustained by both the accused persons as well as the deceased, the possibility of the incident taking place in a sudden fight in the heat of passion, upon a sudden quarrel cannot be ruled out -- No evidence that the appellant has taken undue advantage or acted in a cruel or unusual manner -- Weapon used is a pocketknife -- Injury caused by the said knife is a single injury -- Appellant held entitled to the benefit of Exception 4 to Section 300 IPC -- Conviction u/s 302 IPC altered to the one under Part-I of Section 304 IPC -- Appellant sentenced to suffer R.I. for 8 years. (SC) Decided on: 02.08.2024

190. Temporary injunction – Stalling Infrastructure project – Permissibility of – A person, who seeks equity must do equity -- Defendant No.2 after paying huge consideration has purchased the suit land from the two brothers i.e. plaintiff & defendant and their sister -- Ultimately after trial, if it is found that plaintiff was entitled to the entire suit land, he would be entitled to the proportionate sale consideration, but for that reason, the infrastructure project worth Rs.100 crore cannot be stalled -- No prohibitory injunction can be granted involving such a project as per Section 20A of the Specific Relief Act – Application for temporary injunction dismissed. (P&H HC) Reserved on: 29.07.2024 Decided on: 02.08.2024

191. Fraud – Pleading – Proof of -- Fraud when pleaded has to be pleaded with all the details and has to be proved beyond guilt -- Mere bald assertion made by the plaintiffs that the sale deed was result of fraud shorn of any particulars will not help the cause of the plaintiffs -- In order to make out a case of fraud an express allegation of fraud and all material facts in support of such allegations need to be pleaded with high degree of precision. (P&H HC) Decided on: 01.08.2024

192. Rejection of plaint – Cause of action -- At the time of considering the application under Order 7 Rule 11 CPC, only the averments of plaint are required to be considered, and no other material -- Averment made by the defendant in the written statement cannot be considered -- Cause of action to file the suit involves evidence, as the issue is a mixed question of fact and law – Trial Court dismissed the application -- No ground warranting any intervention. (P&H HC) Decided on: 01.08.2024

193. Ex-parte interim injunction – Remedy for defendant – Maintainability of appeal -- Since the interim injunction granted by the learned trial court is ex-parte, the defendant-appellant has a remedy to file application for vacating / recalling of ex-parte injunction order under Order 39 Rule 4 C.P.C – Appeal on behalf of defendant-appellant not maintainable and is liable to be dismissed. (Allahabad HC) Decided on: 01.08.2024

194. Jamabandi entries – Possession – Presumption -- Possession of plaintiffs-respondent Nos.4 to 7 over the property duly established on record through Jamabandi entries relating to the year 1971-72 till 2006-07 -- Though the land in question is recorded to be owned by the appellant-Gram Panchayat, however, it is in long settled physical possession of the plaintiffs-respondent Nos. 4 to 7, who are cultivating the same -- In terms of Section 44 of the Punjab Land Revenue Act, 1887, presumption of truth is attached to the entries of possession made in the revenue record in the shape of Jamabandies -- No fault could be found with the reasoning, whereby the appe (P&H HC) Decided on: 01.08.2024

195. Appointment of Lambardar – Illiterate Candidate – Educated candidate – Preference of -- "Lambardari Rules" do not prescribe any minimum educational qualification for appointment of a Lambardar -- However, considering the duties to be performed by the Lambardar, as envisaged under Rule 20 of the Punjab Land Revenue Rules; it would be in the fitness of things to prefer an educated person. (P&H HC) Decided on: 01.08.2024

196. Appointment of Lambardar -- Appointed candidate/ respondent No. 4 is younger in age and more educated than the petitioner. Moreover, the name of respondent No. 4 was recommended by Tehsildar, Moga and Sub Divisional Magistrate, Moga. -- With regard to the appointment of a Lambardar in the State of Punjab, age of a candidate is a relevant factor. -- as far as recommendations by the lower Revenue Officer is concerned, although, the Collector is not bound by the recommendation made by the Revenue Authorities in favour of a candidate; however, due consideration is to be accorded to such recommendations. -- As far as holding of land is concerned, same is taken into consideration only for the purpose of security towards government revenue collected by the Lambardar. Respondent No. 4 has about 8 kanal of land, which is sufficient to be taken into consideration for the purpose of security of revenue, collected by the Lambardar. Moreover, land revenue stood abolished in both the State of Punjab and Haryana, long back, thus owning land by the candidates for the post of Lambardar would not be of much significance any further. Ld. Financial Commissioner has rightly appointed respondent No. 4 as Lambardar, there is no scope for any interference in the impugned order. (P&H HC) Decided on: 01.08.2024

197. Conviction in 21 case – Concurrent running of sentence – All cases decided on the same day -- Total period of sentence awarded to petitioner would come to 21 years in respect of the period of convictions so awarded -- Petitioner is entitled for benefit of discretion contained in Section 427 of Cr.P.C. and the same deserves to be exercised to meet the ends of justice. (P&H HC) Decided on: 01.08.2024

198. Compassionate appointment by fraud – Termination from service -- Protection under Constitution of India – Availability of -- Fraud vitiates all proceedings -- Respondent-employees having obtained their position by fraud, would not be considered to be holding a post for the purpose of the protections under the Constitution. (SC) Decided on: 01.08.2024

199. Cognizance in complaint -- Vicarious liability of Directors of Company – Role of -- In the absence of the averments as contemplated by sub-section (1) of Section 50 in the complaint, the Trial Court could not have taken cognizance of the offence against the third to seventh accused, who are allegedly the directors of the first accused company -- Complaint stand quashed against the third to seventh accused. (SC) Decided on: 01.08.2024

200. Secured creditors -- SARFAESI proceedings -- MSME – Rehabilitation of – Non-Performing Assets – Procedure of -- Revival and Rehabilitation of MSMEs -- Section 21 and Section 35A of Banking Regulation Act empower the RBI to frame the policy and give directions to the banking companies in relation to the advances to be followed by the banking companies -- Such directions have got to be read as supplement to the provisions of the Banking Regulation Act and accordingly are required to be construed as having statutory force and mandatory. -- Entire exercise as contained in the “Framework for Revival and Rehabilitation of MSMEs” is required to be carried out by the banking companies before the accounts of MSMEs turn into Non-Performing Asset. -- Whole process of enforcement of security interest as contained in Chapter III of the SARFAESI Act, could be initiated only when the borrower makes any default in repayment of secured debt or any instalment thereof, and his account in respect of such debt is classified by the secured creditor as non-performing asset, in view of Section 13(2) of the said Act. -- Banking companies though may be ‘Secured creditors’ as per the definition contained in Section 2 (zd) of the SARFAESI Act, are bound to follow the same, before classifying the loan account of MSME as NPA. The Instructions/ Directions issued by the Central Government under Section 9 of the MSMED Act and by the RBI under Section 21 and Section 35A have statutory force and are binding to all the Banking companies. (SC) Decided on: 01.08.2024