301. Obscene act – Abettor – Employee/ Waiter of Bar -- Quashing of criminal proceedings -- Petitioner in the present case was a mere employee of the owner of Bar and he is found to be discharging his duty of serving the customers food and drink as per his employment profile -- No offense made out qua the Petitioner -- Petition allowed. (Bombay HC) Reserved on: 12.09.2024 Decided on: 19.09.2024

302. Interim maintenance to wife – Challenge to -- In the affidavit of assets and liabilities, the petitioner claimed his monthly pension as Rs.32,000/- -- Respondent placed on record, injunction order reflecting him a beneficiary in respect of the land measuring 17-14-08 bighas, which he claimed (therein) to be in his ownership and joint possession -- It was clearly evident that the petitioner had not revealed the details of his immovable properties -- Respondent is aged more than 70 years -- Award of maintenance at the rate of Rs.10,000/- per month cannot be said to be at the higher side -- No interference is called for. (HP HC) Decided on: 19.09.2024

303. Appointment of Lambardar – Choice of Collector -- Land-holding – Requirement of -- Ld. Collector recorded in his order that the petitioner has land in another village, which is enough for the land revenue security purpose – Ld. Collector is the main authority for appointment of the Lambardar -- It is the Collector, who not only appreciates the antecedents of all the candidates in the fray but also personally interacts with them – Ld. Financial Commissioner has erred in upsetting the choice of the Collector – As 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 – Petitioner’s appointment was set aside only on the ground that he did not own any land in the revenue estate – Financial Commissioner order set aside. (P&H HC) Decided on : 19.09.2024

304. Appointment of Lambardar – Younger in age – Non-consideration of other factors – Effect of -- Petitioner was appointed as Lambardar by Collector, only on the ground that she is younger than the other candidates; whereas, the other factors, as envisaged under Rule 15 of the Punjab Land Revenue Rules, have not been taken into consideration – Commissioner remanded back the case, which order was upheld by the Financial Commissioner -- Case requires a fresh look at the level of District Collector is correct and does not call for any interference. (P&H HC) Decided on: 19.09.2024

305. Sale deed – Challenge to -- Ad-valorem court fee -- Neither the plaintiff is executant of the sale deed nor has sought possession -- Being a non-executant, plaintiff can avoid the sale deed and thus, is not required to affix ad valorum Court fee on the value of the property. (P&H HC) Decided on: 18.09.2024

306. Removal of Pradhan of Panchayat – Bye-election – Statutory remedies -- Revision petition pending adjudication before the Secretary (Panchayati Raj) -- In case, the post of Pradhan Gram Panchayat is allowed to be filled-up by holding Bye-election, right to hold the post of Pradhan, in case she eventually succeeds in her revision petition, would be adversely affected -- Decision taken by the State Election Commission to withdraw the Election Notice in respect of Pradhan, Gram Panchayat does not call for any interference. (HP HC) Decided on: 17.09.2024

307. Abetment to suicide – Presumption – Acquittal -- Marriage on 14.11.2011 – Suicide on 11.05.2012 -- Accused went to Assam in the month of April, 2012 for joining his duty -- Deceased had died while she was in her parents’ house and at that time the accused was in Assam -- General allegations of harassment, no independent witness to prove that any demand of dowry was made by the accused in their presence -- No evidence led by prosecution that there was abetment of such grave nature which was likely to drive the deceased to commit suicide -- Suicidal death may be the deceased's own act, being of hyper sensitive nature, for which, the husband cannot be held guilty -- Acquittal order, upheld. (HP HC) Reserved on: 10.09.2024 Decided on: 17.09.2024

308. Appointment of Lambardar -- Service to nation – Availability in village -- Respondent No.4/ appointed candidate earlier had worked for 16 years as Lambardar and was a retired officer from CRPF and sufficiently educated upto 10th standard and had served the nation and he had taken part in various wars/operations and also a holder of prestigious President Medal -- Service rendered to the State is an important aspect -- Appellant is working in the Forest Department and, therefore, cannot give as much time to the villagers – Appointment of respondent no. 4, upheld. (P&H HC) Decided on: 17.09.2024

309. Gair marusi tenant – Suit for possession – Jurisdiction of civil court -- When the possession of person concerned on the suit land is without payment of rent, such as person is no more than a stranger or trespasser over the suit property -- In such a situation, his possession, howsoever long it may be, cannot be considered in the capacity of tenant in view of the definition of ‘landlord’, ‘tenant’ and ‘rent’ -- In this eventuality, it is only the Civil Court, which will have the jurisdiction to pass the decree of possession in favour of the landlord – Suit for possession decreed. (P&H HC) Reserved on: 11.09.2024 Decided on: 17.09.2024

310. NDPS Case – Superdari of vehicle -- Confiscation of vehicle – Ground of -- Release of vehicle cannot be denied to the applicant on the ground that the vehicle is liable to be confiscated; rather a duty has been cast upon the Court to immediately release the vehicle to the rightful owner until the question of confiscation of the vehicle is decided by the Competent Court -- Pendency of the confiscation proceedings has nothing to do with the release of the vehicle -- Subject to the furnishing of sapurdari bond in the sum of Rs.2,50,000/-, vehicle ordered to be released. (HP HC) Reserved on: 13.08.2024 Decided on: 16.09.2024

311. Constitution of India, Article 300A – Compensation for surrendering land and developing amenities -- Abandonment of claim -- Delay and laches – Writ petitioners constructed Development Plan Roads at their own cost and voluntarily surrendered the reserved lands to the Mumbai Municipal Corporation – Writ petitioners were granted Floor Space Index (FSI) and/or Transferrable Development Rights (TDR) in the form of Development Rights Certificates (DRC) equal to the gross area of the plots surrendered by them – Writ dismissed on delay and laches by High Court. -- Held, once the compensation is determined in the form of FSI/TDR, the same is payable even in the absence of there being any representation or request being made -- In fact, a duty is cast on the State to pay compensation to the land losers as otherwise there would be a breach of Article 300-A of the Constitution -- Neither the doctrine of delay and laches nor the principle of abandonment of claim or waiver would apply in these cases. (SC) Decided on: 13.09.2024

312. Cancellation of tender – Defaulter/ Blacklisted was not ground for cancellation -- It being so, it does not lie in the mouth of the respondents to contest the claim of the petitioner by terming him as black listed, when such ground was not the reason for cancellation of tender -- Even otherwise, the respondents have not been able to substantiate their plea that the petitioner had been black listed – Communication did not mention any reason adverse to the petitioner – Writ petition allowed, period for which the bids were invited has already elapsed – Respondent burdened with costs of Rs.2,00,000/- (Rupees Two Lacs only) to be paid to the petitioner for compensating him for the loss caused to him without justifiable reason. (HP HC) Reserved on: 03.09.2024 Decided on: 13.09.2024

313. Rent laws -- Suit for injunction by tenant against landlord – Maintainability of -- Section 21 of UP Rent Act, 2021 does not contain any provision enabling a tenant to file an application for protection against apprehended eviction otherwise than in accordance with the law -- Jurisdiction of Civil Courts to entertain suits for injunction filed by tenants against their landlords, is not barred -- Civil Court continues to have jurisdiction to entertain the suits for injunction even after enactment of the Act of 2021. (Allahabad HC) Decided on: 13.09.2024

314. Divorce – Desertion -- Merely because the parties may have remained separated for reason of their separate jobs with one working at Jhansi and the other at Auraiya, the fact occurrence of desertion may never be sustained on the strength of such vocational/ employment compulsion faced by the parties. (Allahabad HC) Decided on: 12.09.2024

315. Mode of partition – Sanad takseem/ Instrument of partition -- Challenge to – Ground of -- Since the sanctioned mode of partition was never challenged by the petitioners and had attained finality, the petitioners can question the final partition only on the ground that the same is not in consonance with mode of partition. (P&H HC) Decided on: 11.09.2024

316. Partition of land – Value and location of land -- It is well-settled that besides the possession of the co-sharers over the portions in the joint land holding, the value and location as well as the nature of such land have also to be taken into consideration at the time of affecting the partition so that all the co-sharers get the portions of the land without any prejudice to their entitlement as per their respective shares in the total land under partition. (P&H HC) Reserved on: 08.08.2024 Decided on: 11.09.2024

317. POCSO – Rape – Regular bail -- Petitioner is behind bars since 4.9.2022 – One is deemed to be innocent, till the time, his/her guilt is proved in accordance with law -- Guilt, if any, of the bail petitioner is yet to be proved in accordance with law -- No reason to let the bail petitioner incarcerate in jail, for an indefinite period, especially when co-accused stands enlarged on bail – Bail allowed. (HP HC) Decided on: 11.09.2024

318. Excise matter -- Regular bail – Direction to furnish bail bonds after 6 months – Sustainability of -- High Court ordered to release the petitioner on bail subject condition that “the petitioner shall furnish his bail bonds after completion of six months in custody from today” – Held, no valid reason for the High Court to impose the condition – Condition set aside, Trial Court directed to release the petitioner on bail forthwith on furnishing bail bonds to its satisfaction. (SC) Decided on: 11.09.2024

319. Co-sharer – Sale of whole property by one of co-sharer – Permissibility of -- Said sale deed may be a valid document to the extent of the share of Vendor in the property and buyer/ appellant is free to take remedies to claim appropriate relief either by suit of partition or by suit of compensation and damages against his Vendor. (SC) Decided on: 10.09.2024

320. POCSO – Victim/ Child witness -- Incident taken place on 13.10.2014 whereas the FIR was lodged on 05.12.2014 -- Delay in lodging the FIR could not be explained by the prosecution which creates a serious doubt about the case of the prosecution -- Since the evidence of the parents of the victim has been discredited by the defence in their cross- examination and there is no corroboration to the evidence of the child victim (PW12), therefore, it would not be safe to rely upon the testimony of the child victim to convict the appellants. (HP HC) Reserved on: 28.08.2024 Decided on: 10.09.2024

321. Promotion from Chief assistant to Administrative officer – Departmental enquiry was pending at the time of consideration – Result of promotional post was kept in sealed cover – In departmental enquiry ‘Warning’ issued -- Sealed envelope of the petitioner for his promotion is not being opened by the respondents – Writ petition disposed of with a direction to respondent No.2-Appointing Authority to open the sealed envelope of the petitioner’s promotion within a period of one week, if petitioner is promoted, he shall be immediately given promotion from his due date, as per law. (UK HC) Decided on: 09.09.2024

322. Minor penalty -- Censure -- Promotion – Right of -- Awarding of censure, which may be a minor penalty, is a blameworthy factor and is a reason good enough to deny promotion to an employee -- Penalty, whether it is minor or major, is inflicted upon an employee for committing misconduct and an employee, who is found guilty of misconduct, is not entitled to be promoted. (J&K&L HC) Reserved on 04.09.2024 Decided on: 09.09.2024

323. Divorce -- Judicial separation -- If no cohabitation arises within the statutory period, it becomes open to the affected party to apply for dissolution of marriage for reason of no cohabitation arising within the prescribed statutory period -- Decree granted by the learned trial court for reason of matrimonial relationship having not revived within the statutory period of one year from the date of decree of judicial separation granted is justified. (Allahabad HC) Decided on: 09.09.2024

324. Rejection of plaint -- Decree for specific performance -- Maintainability of independent suit by person claiming to be in possession – Limitation -- If the Plaintiff claim to be in possession of the suit land, she could have filed the objections under Order 21 CPC before the Executing Court in the execution filed by the decree holder -- In fact, plaintiff filed the objections before the Executing Court and the same were dismissed by the Executing Court – Sale deed was executed in September, 1995, whereas the suit filed for seeking declaration and mandatory injunction in July, 2014 -- Plaint is liable to be rejected on account of concealment of material facts about previous litigation and resjudicata and bar of limitation -- Independent suit was not maintainable in view of Order 21 CPC -- Order of Trial Court rejecting the paint restored. (P&H HC) Reserved on: 28.08.2024 Pronounced on: 09.09.2024

325. Feeder cadre – Promotional cadre – Whether PayScale can be same -- Sub Inspector is a promotion post from the feeder post of Panchayat Secretary – By revision, the pay scale of Panchayat Secretary was brought at par with the pay scale available to the post of Sub Inspector w.e.f. 01.01.2006 -- No revision of pay was given to the Sub Inspectors -- It is more than settled that the pay scale of promotional post has to be higher than the feeder post – Finance department rejected the proposal consecutively made by the administrative department without assigning any reason – Writ petition allowed, the respondents directed to revise the pay scale and to pay them entire arrears along with interest @ 6% per annum, failing which the arrears shall entail interest @ 9% per annum. (HP HC) Reserved on: 28.08.2024 Decided on: 06.09.2024

326. Detention order – Opportunity to represent – Supply of material – Right of -- Detention record reveals that the petitioner has been provided copies of detention order (01 leaf), notice of detention (01 leaf), grounds of detention (03 leaves), dossier of detention (Nil), copies of FIR, statements of witnesses and other relevant documents (01 leaf), (total 06 leaves) -- It was incumbent upon respondents to furnish not only the copy of the FIR but also the statements of witnesses recorded during investigation of the said FIR and other material on the basis of which petitioner’s involvement therein FIR is shown -- Even the copy of the dossier of detention has not been supplied – Petitioner has been hampered by non-supply of these vital documents in making an effective representation before the Advisory Board -- Preventive detention unsustainable in law -- Detention quashed. (J&K&L HC) Reserved on: 28.08.2024 Decided on: 06.09.2024

327. Offer of possession -- Completion certificate -- Firefighting clearance certificate – Requirement of -- A developer must obtain these certificates before offering possession -- Possession offered without the requisite completion certificate is illegal, and a purchaser cannot be compelled to take possession in such circumstances -- ADA’s failure to provide the required certificates justifies the appellant’s refusal to take possession -- Entire amount deposited by the appellant ordered to be refunded with interest 9% per annum from the date of complaint till the date of refund, the ADA is directed to pay an additional amount of Rs. 15,00,000/- (Fifteen Lakhs only) to the appellant. (SC) Decided on: 06.09.2024

328. Summoning u/s 319 Cr.P.C. on the same day of judgment for other accused – Quashing of -- Order of conviction for some accused and acquittal for other accused passed in the first half of the day -- In the second half, the Court first passed an order for sentencing of the persons who were convicted and only thereafter passed an order under Section 319 of Cr.P.C. for summoning the appellant – If a summoning order is passed, either after the order of acquittal or imposing of sentence in the conviction, the same may not be sustainable -- Appeal allowed, summoning of appellant u/s 319 of Cr.P.C. quashed and set aside. Judgment by Constitutional Bench in Sukhpal Singh Khaira’s case (2023) 1 SCC 289 : 2022 INSC 1252 = (2022) Law Today Live Doc. Id. 17296 relied. (SC) Decided on: 06.09.2024

329. heque bounce complaint -- Summon of accused -- Dropping of proceedings -- Once the Magistrate takes the cognizance and issues the process against the accused, then the Magistrate cannot put the clock back and drop the proceedings – Revisional Court was not right in returning the finding that the trial court had wrongly dismissed the application for dropping of the proceedings filed by the respondent/ accused. (J&K&L HC) Reserved on: 20.07.2024 Decided on: 06.09.2024

330. Leave encashment – Akin to property -- Merger of U.P. Basic Education Board to State of Uttarakhand -- Leave encashment is akin to a salary, which is property -- Depriving a person of his property without any valid statutory provision would violate Article 300-A of the Constitution of India -- Leave encashment paid on account of unutilized leave is not a bounty -- If an employee has earned it and the employee has chosen to accumulate his Earned Leave to his credit, then encashment becomes his right -- Writ allowed, a mandamus issued commanding the respondents to pay Leave Encashment of Earned Leave to the petitioners immediately, in accordance with law. (UK HC) Decided on: 05.09.2024

331. Appointment of Personal Assistant/ Stenographer -- Carry forward of posts – Procedure of -- Total 152 vacancies were advertised and only 110 candidates were selected -- 42 vacancies are still available – Respondent/ Commission has list of 1830 candidates in order of merit -- By applying the ratio of 1:4 i.e. 42 x 4=168 candidates can still be called for typing and shorthand test from the said list – Writ allowed, respondent-Commission directed to call the candidates, who fall in the list of 1830 candidates in the ratio of 1:4 whose names are there in the list after 648th candidate for supplying 42 vacancies on the post of Stenographer/Personal Assistant in the order of merit till the entire remaining 42 vacancies are filled or list of 1830 candidates is exhausted, whichever is earlier. (UK HC) Decided on: 05.09.2024

332. FIR under Forest Act – Acquittal -- Non-mentioning of botanical name of forest produce – Effect of -- Legislature has consciously used the botanical name with some purpose and in the absence of any evidence of the botanical name, the prosecution version that the accused had violated the Rules framed under Section 41 and thereby violated Section 42 of the Indian Forest Act is not acceptable – Acquittal order upheld. (HP HC) Reserved on: 01.08.2024 Decided on: 05.09.2024

333. Maintenance u/s 125 Cr.P.C. -- Arrears of maintenance more than 1 year -- Warrant for realisation -- Learned Magistrate proceeded to issue a warrant for recovery of maintenance for the sum of Rs. 1,20,000/- which admittedly is arrears of maintenance of more than one year -- Once the arrears of maintenance of one year were paid, nothing survived in the petition and the warrant of realization of Rs.1,20,000/- could not have been issued by the learned Magistrate – Order set aside. (HP HC) Reserved on: 30.07.2024 Decided on: 05.09.2024

334. Transfer of employee on administrative ground -- Adverse material has not been confronted to petitioner/ employee – Writ petitions disposed of by permitting petitioners to make representation to the Secretary, who shall look into the matter and take decision as per law within three weeks thereafter – Status quo, qua, posting of petitioners ordered to be maintained till then. (UK HC) Decided on: 04.09.2024

335. Appeal against acquittal – Closing of evidence – Remanding back of case for re-trial -- Trial Court acquitted the accused as material witnesses did not appear for their cross-examination and thus, their deposition could not be read in evidence -- Trial Court without resorting to the coercive method for summoning of witnesses, closed the evidence of the prosecution -- Trial Court would proceed with the trial with the examination of the witnesses afresh as per the directions given by learned Appellate Court in the impugned order -- Revision petition dismissed. (P&H HC) Reserved on: 28.08.2024 Decided on: 04.09.2024

336. Compensation in motor vehicle accident case – Limitation of six months – Minor claimant – Effect upon -- Date of the accident 20.07.2020 -- Respondent/ claimant had attained the age of majority on 06.03.2023 and that the petition was filed on 25.04.2023 i.e. within one and a half month after attaining the age of majority – Tribunal allowed the claim as the claim petition cannot be stated to be time barred. -- No law cited to show that in case a person is a minor at the time of the accident and is therefore incompetent to file a claim petition, then, he/she cannot file the same within a period of six months of his/her attaining the age of majority. -- Additionally, Section 166(3) of the MV Act made applicable from 01.04.2022 and were not in force on the date when the accident took place i.e. 20.07.2020 -- No judgment cited to show that the said provisions would also apply to a case where the accident had taken place prior to the date when the said provisions had come into force. Impugned order is in accordance with law and deserves to be upheld. (P&H HC) Decided on: 04.09.2024

337. Murder – Regular bail -- Petitioner is in custody for more than 5 years -- An accused or an under trial has a fundamental right to speedy trial -- When a trial gets prolonged, it is not open to the prosecution to oppose bail of the accused-under trial on the ground that the charges are very serious -- Bail cannot be denied only on the ground that the charges are very serious though there is no end in sight for the trial to conclude -- Out of 48 witnesses, only about 16 to 18 witnesses have been examined – Bail allowed. (HP HC) Decided on: 03.09.2024

338. Attempt to murder – Unlawful assembly – Anticipatory bail -- Petitioner was not armed with any weapon and no injury has been attributed to him -- At the most, he was a member of unlawful assembly and other members of the said assembly had caused injuries to the complainant and his cousin brother -- No recovery is to be effected from the petitioner – Custodial interrogation of the petitioner would not serve any useful purpose – Anticipatory bail allowed. (P&H HC) Decided on: 03.09.2024

339. Proclaimed person – FIR u/s 174A of IPC – Sustainability of -- No complaint by the Court which had passed order declaring the petitioner as a proclaimed person -- Requisite application of mind by the Court by invoking criminal liability of the petitioner for offence u/s 174-A of IPC was apparently lacking order forming the basis of FIR -- FIR u/s 174-A of IPC quashed. (P&H HC) Decided on: 03.09.2024

340. Jurisdiction of civil court -- Suit for mandatory Injunction to nullify the breaking up of original Khewat into three Khewat and restore the original Khewat – Prayer essentially attracts the provisions of Section 158(2)(vi) of the Punjab Land Revenue Act, 1887 – Jurisdiction of Civil Court is barred -- It is cardinal rule of interpretation that where a statute provides that a particular thing should be done, it should be done in a manner prescribed and not in any other way -- Learned first appellate Court was justified in nonsuiting the plaintiff on the issue of maintainability of the suit, being barred under the provisions of the Act. (P&H HC) Decided on: 03.09.2024

341. Revenue Law -- HVCL -- Finalisation of eviction proceedings – Title dispute – Constructive resjudicata -- Issue of constructive res judicata stands in the way of the petitioners -- It was always open to them to have specifically filed an application u/s 13-A of the Act, and having failed to do so, could not, now as such start a new round of litigation for deciding their unauthorized claim, as such is not permissible. (P&H HC) Decided on : 03.09.2024

342. Transfer of employee on administrative grounds -- Petitioner never confronted with the complaint – Petitioners to move a representation to the Secretary -- Till the representation is decided, the impugned transfer order stayed. (UK HC) Decided on: 02.09.2024

343. UAPA -- Rejection of bail by Session Court/ Special Court -- Orders passed by the Court of Session u/s 22(3) shall be appealable u/s 21 of the NIA Act -- An appeal would lie before the Division Bench of High Court. (UK HC) Reserved On: 30.08.2024 Decided on: 02.09.2024

344. Compensation in motor vehicle accident case – Vehicle not involved in accident – Stand of -- Onus of proof -- In cross-examination, no suggestion was given to any of the witnesses produced by the complainants that the vehicle as claimed by the complainants was not the vehicle, which was involved in the accident and that it was some other vehicle -- Final Report u/s 173 of the CR. P.C. also stated that the vehicle as claimed by the complainants was the vehicle involved in the accident -- Therefore, the onus was on the Insurance Company or Owner/ driver to get the same disproved by either calling the Investigating Officer as a witness or by any other means to establish a factual position to the contrary. (SC) Decided on: 02.09.2024

345. Eviction petition -- Landlord – Co-owner – Role of -- In the absence of there being any objection by the co-owner against filing of the eviction petition, the objection raised with respect to the maintainability of the petition for non-joining co-owner cannot be sustained. (P&H HC) Reserved on: 29.07.2024 Decided on: 29.08.2024

346. Dowry death -- Suicide with in seven years of marriage -- Deceased faced cruelty and harassment at the hands of her husband which compelled her to commit suicide -- However, witnesses did not state that such cruelty and harassment was in connection with the demand for dowry -- With respect to the demand for dowry, witnesses have just made some general statements -- It has not been proved by the prosecution that the deceased was subjected to cruelty soon before her death in connection with the demand of dowry -- Trial court erred in raising a presumption under Section 113B of the Indian Evidence Act, even though the demand for dowry was not established. -- A case of abetment of suicide u/s 306 of IPC and cruelty u/s 498A of IPC made out against the husband, although the offence u/s 304B is not made out and consequently, conviction u/s 304B of IPC set aside – Appellant/ husband convicted u/s 306 and 498A of IPC, se (SC) Decided on: 29.08.2024

347. Pension for her own service – Special family pension – Right of -- Clubbing of -- Benefit of special family cannot be rejected on the ground that she is getting pension on account of her retirement – It cannot be clubbed with special family pension to which she was entitled on account of death of her husband in a terrorist attack -- Respondent directed to release special family pension. (P&H HC) Decided on: 28.08.2024

348. Bail – Right of -- “Bail is the Rule and Jail is an Exception” – Objective behind detention of a person is to ensure easy availability of an accused for trial, without any inconvenience, however, in case the presence of an accused can be secured otherwise, then detention is not compulsory -- Right to a speedy trial is one of the rights of a detained person -- Courts shall also take into consideration the fundamental precept of criminal jurisprudence, “the presumption of innocence”, besides the gravity of offence(s) involved. (P&H HC) Decided on: 28.08.2024

349. Fleeing away from marriage -- Cheating -- Quashing of FIR -- A hapless young woman who went along with her parents’ decision to marry but at the last minute developed cold feet to enter a charade of a marriage – It cannot be construed to as ‘cheating’ as an offence under the IPC nor can it foist a prosecution on her -- Decision to remain silent can at best be injudicious but not dishonest -- FIR does not disclose commission of a cognizable offence of ‘cheating’ – At best, offences under Sections 417, 418 and 500 of the IPC can be said to have been made out against the Applicants -- Said three Sections are non-cognizable in nature -- FIR quashed, with liberty to initiate appropriate action as may be permissible under the law in respect of the said offences i.e., Sections 417, 418 and 500 of the IPC so advised and if he so desires. (Bombay HC) Reserved on: 19.08.2024 Decided on: 28.08.2024

350. Eviction – Arrears of rent -- Assessment of provisional rent – Requirement of – Denial of relationship of landlord-tenant – Held, tenant is denying the relationship of landlord and tenant between the parties, therefore, Rent Controller rightly declined to assess the provisional rent. (P&H HC) Decided on: 27.08.2024