301. Ex-parte decree -- Setting aside of -- Application under Order 9 Rule 13 CPC was filed after more than a year, dismissed by Ld. Trial Court – Nothing on the record to explain the delay -- Infact, the application under Order 9 Rule 13 CPC proceeds on the premise that it was being filed within time from the date of knowledge -- No application or even a prayer for condonation of delay -- Both the Courts had noticed that though the defendant No.1-petitioner claimed that he was not served at the address, however, in the execution proceedings, on the same very address, the defendant No.1-petitioner received the summons and put in appearance through his counsel – No merit in the revision petition, dismissed. (P&H HC) Reserved on: 29.05.2024 Decided on: 07.06.2024

302. Quashing of Complaint -- Re-analysing of sample – Delay by trial court -- Ld. trial court did not decide the application of the petitioners for re-analyzing the samples within the period of shelf life of the product -- Right of the petitioners for getting the samples reanalysed under section 24(3)&(4) of the Act, has been violated – Complaint quashed. (J&K&L HC) Reserved on: 27.05.2024 Decided on: 07.06.2024

303. Termination of service -- Involvement in FIR u/s 376/342 RPC -- Rule of natural justice – Opportunity of hearing -- Respondents without affording any opportunity of being heard to the petitioner have terminated/dis-engaged the petitioner from the service which is palpably bad in the eyes of law as the order impugned has been passed in violation of the principles of natural justice -- Otherwise also, the petitioner in the instant case stands acquitted of the charges on the basis of which he was disengaged -- Order disengaging the petitioner as SPO set aside – Services restored with all consequential benefits excluding the payment of emoluments for the period from disengagement till the date of restoration of service. (J&K&L HC) Decided on: 07.06.2024

304. Cruelty – Quashing of police report -- Entire allegations, which would attract offences u/s 498A of IPC alleged to be committed by the 1st accused is outside India -- Matter would come with the ambit of Section 188 of Cr.P.C -- Therefore, proceedings without obtaining prior sanction as contemplated u/s 188 Cr.P.C. is vitiated -- Petition allowed, criminal proceedings quashed. (Kerala HC) Decided on: 06.06.2024

305. Cheating -- Supply of plant sapling – Plantation perished – Whether cheating – Quashing of FIR -- Plant or a sapling may perish due to multiple factors, may be with the intervention of weather, due to quality of soil or inadequate supply of water -- Negligence on the part of a farmer may also contribute for the destruction of a plant -- Complainants lodged the FIR without specific material to infer the existence of dishonest intention on the part of the petitioner-accused from the inception – Conversion of a purely civil dispute into a criminal offence is not permissible -- FIR quashed. (J&K&L HC) Decided on: 06.06.2024

306. Rape – Quashing of FIR -- Petitioner continued to indulge in sexual relationship with prosecutrix on the pretext of marriage for the last 3-4 years -- She lodged the FIR only because the petitioner had betrayed and left her -- Prosecutrix was 26 years of age when her statement u/s 164 Cr. P. C. was recorded -- She is a grown-up and mature lady capable of understanding the consequences of the acts in which she had indulged with the petitioner – No offence u/s 376 IPC is made out against the petitioner and if the investigation in the FIR impugned is allowed to be continued, it would amount to abuse of process of law -- FIR quashed. (J&K&L HC) Decided on: 06.06.2024

307. NDPS – Regular bail -- Recovery of 10.9 grams of heroin -- Petitioner was apprehended on 15.03.2024 -- No other criminal case and she is a lady aged about 69 years -- Challan has already been presented and the petitioner is no more required for further investigation – Prosecution has cited 14 witnesses and it will take sufficient long time to examine them – Bail allowed. (P&H HC) Decided on: 05.06.2024

308. Obscene, act and songs -- Quashing of charge-sheet – Vague allegations – Compromise -- Filthy and unparliamentarily language used not mentioned in the FIR as well as statements of the witnesses -- No offence u/s 294 IPC is made out against the petitioner No. 2 as the allegations are vague and bereft of necessary details – For other offences, since the parties have entered into a compromise, the continuance of the criminal proceedings pending before the learned trial court shall be nothing but an abuse of process of law – Petition allowed, charge sheet quashed. (J&K&L HC) Decided on: 05.06.2024

309. NDPS Case – Regular Bail -- Commercial quantity – Rigour of Section 37 of NDPS Act – Applicability on High Court/ Supreme Court -- Provisions of Sections 36-A and 37 have to be read together and interpreted harmoniously so that Section 36-A(3) does not become redundant or otiose -- Restrictions contained in Section 37 of the NDPS Act were meant to be applicable to Courts other than the Constitutional Courts and in view of the provision contained in Section 36-A (3) of NDPS Act, those restrictions do not apply to the Constitutional Courts. (Allahabad HC) Decided on: 05.06.2024

310. Suit for specific performance -- Rejection of plaint -- Advalorem court fees – Court fee on market value of property -- Trial Court directed to determine the market value of the suit property, as on the date of filing of the suit, by allowing the parties to place on record the documentary evidence in that respect and also by seeking information from the office of Collector/Revenue Authorities and thereafter direct the plaintiff to pay the ad-valorem court fee on the market price of the suit property -- On payment of said court fee, the Trial Court may proceed further with the suit. (P&H HC) Decided on: 31.05.2024

311. Cheque bounce complaint – Presumption – Rebuttal of presumption -- Witness very categorically stated that the documents had been executed by the petitioner and identified the signatures of the petitioner on the documents – Petitioner was at liberty to get her signatures compared through some handwriting & finger print expert, however, she did not do so – Held, cheque has been issued by the petitioner in discharge of her legal liability and she has failed to rebut the presumption as exists as per Section 118 read with Section 139 of the N.I. Act – Revision against conviction dismissed. (P&H HC) Decided on: 31.05.2024

312. Appeal dismissed as withdrawn – Writ jurisdiction -- Petitioner remained unsuccessful in the civil suit and withdrew the appeal by filing an application under Order XXIII Rule 1 of CPC by stating that there was a technical defect in the suit and the appeal -- Even no liberty was sought by the petitioner for filing afresh appeal before the learned Lower Appellate Court and she has filed the writ petition, seeking same relief which cannot be entertained and adjudicated upon -- Writ petition suffers from the principles of res judicata – Writ petition dismissed (P&H HC) Reserved on: 20.05.2024 Decided on: 30.05.2024

313. Local Commissioner’s report – Evidential value -- Commissioners’ reports are non-adjudicatory in nature and the Court adjudicate upon the rights of the parties -- It is only an opinion or noting -- Such a report does not automatically form part of the court’s opinion, as the Court has the power to confirm, vary or set aside the report. (P&H HC) Decided on: 30.05.2024

314. Divorce -- Cruelty -- Denial of the appellant/ wife for making physical relationship with respondent/ husband amounts to cruelty with respondent. (MP HC) Heard on: 10/05/2024 Decided on: 30.05.2024

315. Anticipatory bail by minor/ juvenile – Maintainability of -- In the absence of any exclusion as such that the provisions of Section 438 Cr.P.C. would not apply, Court do not see any valid reason as to why any restrictive view is to be taken -- Bail is the rule and denial is the exception and for a child to be placed under disadvantage on account of the fact that the word “arrest” has not been mentioned in the Act does not do any justice to the purpose of the Act -- Omission as such has been made and it would not debar the children from the benefit of the provisions of Section 438 of the Act. View taken in CRM-M-19907-2020, Krishan Kumar (minor) through his mother vs. State of Haryana decided on 24.07.2020 = (2020) Law Today Live Doc. Id. 15162 approved. (P&H HC) Reserved on: 07.03.2024 Decided on: 29.05.2024

316. Closing of evidence -- One opportunity to lead evidence -- Due to pre-occupation of the counsel the evidence could not be recorded -- In order to do complete justice between the parties, plaintiff-petitioner granted one effective opportunity to lead its evidence, subject to payment of Rs.30,000/- as costs to be paid to the defendant-respondent. (P&H HC) Decided on: 28.05.2024

317. Unnatural sex by husband – Quashing of FIR/ charge -- Consent -- Respondent no.2/wife was residing with her husband during the subsistence of their marriage and as per amended definition of "rape" u/s 375 of IPC by which insertion of penis in the mouth of a woman has also been included in the definition of "rape" and any sexual intercourse or act, by the husband with his wife not below the age of fifteen years is not a rape, therefore, consent is immaterial – Held, allegations made in the FIR does not constitute offence u/s 377 of IPC against the petitioner no.1 -- Offence u/s 377 of IPC against the petitioners quashed. (MP HC) Reserved on:16.05.2024 Decided on: 28.05.2024

318. Compensation in motor vehicle accident case – Appeal as indigent person -- Whether a person being an award holder, of monetary compensation without actual receipt thereof, would be disentitled from filing an appeal seeking enhanced compensation as an indigent? -- Appellate Court did not conduct any inquiry – On both counts, one, that appellant had not yet received the money and, therefore, at the time of filing the appeal she was arguably indigent; and second, that the statutory requirement under the C.P.C., was not met, the impugned order set aside. (SC) Decided on: 27.05.2024

319. Charges framed by trial court – Challenged in revision – Complainant/ victim right to be impleaded as party -- Held, while the victim/ complainant has a right to be heard in the revision proceedings, such right does not upscale itself to a right to be impleaded in the said criminal revision -- Victim/complainant may be heard, and such hearing shall be regulated by the Court depending on the facts and circumstances of each case. (Delhi HC) Reserved on: 19.03.2024 Decided on: 24.05.2024

320. Minimum criteria for appointment -- Relaxation at the time of appointment -- Once relaxation in eligibility criteria is granted to an employee at the time of his/her appointment, he/she is deemed to have satisfied the minimum eligibility criteria and thereafter, he/she cannot be asked to seek relaxation in qualification at each stage of his/her career progression, unless the higher post prescribes a different qualification/criteria -- It is not open to the respondent-University to deny to the petitioner consideration to higher scales of pay on the ground that the petitioner had not obtained 55% marks in her Master’s Degree at the time of her appointment as Assistant Administrative Officer. (J&K&L HC) Reserved on 17.05.2024 Decided on: 24.05.2024

321. Medical insurance policy – Non-honour of medi-claim – FIR for cheating, forgery & culpable homicide not amounting to murder – Quashing of FIR -- Transaction between the insurer and the insured is purely contractual in nature, if any of the parties to this contract defaults in honouring its commitment, it cannot form a basis for launching a criminal prosecution -- Merely because, on the basis of non-payment of compensation under the insurance policy to the complainant, her son breathed his last, it cannot be stated that the petitioner-company was, in any manner, responsible for his death and it cannot be prosecuted for a serious offence like culpable homicide not amounting to murder – Petitioner/ company cannot be held responsible for forgery of the cancellation letter purported to have been issued by deceased through his agent – FIR quashed. (J&K&L HC) Reserved on 17.05.2024 Decided on: 24.05.2024

322. Quashing of FIR -- Occupation of the house despite expiry of the license agreement – Suit for mandatory injunction against the petitioner for vacation of the house in question already filed -- No doubt the suit has been stayed but it does not mean that respondent No.2 can continue to use the criminal proceedings for settling the civil dispute between her and the petitioner – Held, dispute between the contesting parties is predominantly civil in nature and the criminal proceedings have been used to settle the civil dispute – FIR impugned is nothing but an abuse of process of law – FIR quashed. (J&K&L HC) Reserved on 09.05.2024 Decided on: 24.05.2024

323. Criminal case against employee – Termination of services – “tried and acquitted” -- Discharge by Criminal Court – Charges in the criminal case and the departmental proceedings are similar in nature -- Sanction from Inspector General not sought -- Petitioner may not have been tried by the criminal Court, but he has been discharged and exonerated of criminal charges so his case stands at the higher pedestal than acquittal, particularly when the petitioner has been discharged on merits and not on technicalities -- Dismissal of petitioner from service becomes unsustainable in law -- Termination order set aside, with back wages of 50%. (J&K&L HC) Reserved on 16.05.2024 Decided on: 24.05.2024

324. Lease by Muslims before independence of India – Rights of lessee – Occupancy tenants/ owner of land -- Plaintiffs claimed to have acquired rights of occupancy tenants in the said land and that after coming into force of the Act, they had become owner thereof – Plaintiffs sought a decree of declaration to that effect and also sought to restrain the defendants from interfering in their possession -- Stand of the defendants-State was that after migration of the Muslim landowners to Pakistan, the land had vested in the custodian and the lease hold rights of the plaintiffs came to an end and that they had become liable to be evicted -- Suit was decreed by the trial Court, first appeal of State dismissed – Regular Second appeal also dismissed. (P&H HC) Reserved on : 08.05.2024 Decided on: 24.05.2024

325. Injunction -- Relief of injunction is an equitable relief -- It is well known maxim of law that “he who seeks equity, must do equity’ -- Plaintiff has not come to the Court with clean hands and as such, no prima facie case is made out in his favour. (P&H HC) Reserved on:21.05.2024 Decided on: 23.05.2024

326. Recovery decree -- Warrant of arrest issued – Appeal/ stay application pending – Indigent person/ Pauper application pending -- Learned Appellate Court requested to dispose of the application for pauper, within a period of fifteen days, from the date already fixed -- After disposal of the pauper application, also pass any appropriate order, in accordance with law, on the stay application -- In the meanwhile, operation of the impugned order stayed. (P&H HC) Decided on: 22.05.2024

327. Bail in UAPA case by High Court – Setting aside of -- Court satisfied from the chargesheet as also the other material/ documents relied upon by the appellant that there are reasonable grounds for believing that the accusations against the respondents are prima facie true and that the mandate contained in the proviso to Section 43(D)(5) would be applicable for not releasing the respondents on bail -- Having regard to the seriousness and gravity of the alleged offences, previous criminal history, the period of custody undergone by the respondents being hardly one and half years, the severity of punishment prescribed for the alleged offences and prima facie material collected during the course of investigation, the impugned order passed by the High Court cannot be sustained and set aside. (SC) Decided on: 22.05.2024

328. Murder – Regular bail -- Petitioner is not amongst the assailants -- Only attribution to the petitioner is that he was handed over a pistol and two live cartridges by co-accused, which he concealed in a farm house and later on, handed over the same to the same co-accused -- Petitioner is in custody for the last 1 year 4 months and 27 days -- Trial may take time to conclude -- Though he is involved in two more criminal cases, but having regard to the nature of attribution to the petitioner, mere criminal antecedents of the petitioner cannot be a reason to decline him bail – Bail allowed. (P&H HC) Reserved on: 20.05.2024 Decided on: 21.05.2024

329. Quashing of complaint/ summoning order -- Time barred complaint -- Sample of insecticide was taken on 26.07.2011 and the report of Public Analyst was received on 12.08.2011 – Limitation will commence from the date of receipt of the report of the Public Analyst -- Sanction letter is dated 01.01.2014, which was applied on 06.08.2012 -- Period of 1 year 4 months and 26 days is liable to be excluded for computing the period of limitation -- Complaint filed on 30.03.2016 is beyond the period of 3 years -- Ld. Magistrate was statutorily debarred from taking cognizance of the offence in view of Section 468 CrPC -- Complaint, the summoning order and all subsequent proceedings quashed. (P&H HC) Reserved on: 18.05.2024 Decided on: 21.05.2024

330. Suit without authority – Permissibility of – Suspension of society – Appointment of Administrator – Fate of suit -- Learned Appellate Court found that President had not produced any authority by means of any resolution of the society authorizing him to file the suit or to defend the appeal and as such, the suit filed by him was not maintainable and apart from this, after suspension of the Managing Committee of the Society and appointment of the Administrator, President was left with no locus standi to continue with the suit or to defend the suit – No illegality, perversity or infirmity in the aforesaid findings of the First Appellate Court. (P&H HC) Reserved on: 18.05.2024 Decided on: 21.05.2024

331. FIR -- Judicial Officer as first informant – Instructions given -- Except in the matter of grave and severe nature like murder, suicide, rape or other sexual offences, dowry death, dacoity and in rest of the remaining cases, if any, judicial officer or Judge wants to become the first informant in his personal capacity in any F.I.R., he must take his concerned District Judge into confidence and after having the assent from the District Judge, he can become an informant of any F.I.R. (Allahabad HC) Decided on: 21.5.2024

332. Recovery suit -- Acknowledgement of debt – Cheque dishonored – Postdated cheques -- Extension of limitation -- Payment made by the petitioner/ defendant through cheques, which got dishonoured, would tantamount to an acknowledgment of debt and liability and the period of limitation would stand extended by virtue of Section 18 of Limitation Act, 1963 -- Plea taken by the petitioner/ defendant that certain postdated cheques issued to the respondent/ plaintiff have been misused, does not cut much ice. (Delhi HC) Reserved on: 10.04.2024 Decided on: 20.05.2024

333. Proceeds of crime – Direction to register a case and arrest of accused -- Enforcement Directorate is not an investigating agency stricto sensu -- The command and mandate of the Enforcement Directorate under the 2002 Act is to ensure that no person benefits from the proceeds of crime derived out of the commission of a scheduled offence and to see that such property is confiscated to the State -- There cannot be any direction issued to consider representation which has been filed with a prayer to register a case and arrest certain individuals for that is not the mandate of the Enforcement Directorate. (Kerala HC) Decided on: 20.05.2024

334. Abetment of suicide – Quashing of FIR/ Police report -- Illicit relationship of spouse -- Feeling upset or harassed on account of the illicit relations of a spouse and thereby committing suicide, in the absence of any positive act on the part of such spouse would not constitute abetment -- Apparently, a person of ordinary prudence would not have committed suicide in similar circumstances but the deceased did due to his hypersensitive nature -- FIR and the report u/s 173(2) Cr.P.C. clearly do not disclose the commission of any offence by the petitioners -- FIR, the report under Section 173(2) Cr.P.C. and all subsequent proceedings arising therefrom stand quashed. (P&H HC) Decided on: 18.05.2024

335. Summons u/s 108 of Customs Act – Non- compliance of – Applicability of Section 174, 175 of IPC -- Had there been no provision like 117 in the Customs Act, obviously the concerned person to whom summons have been issued under Section 108 of the Customs Act, if fails to comply therewith, would have been guilty for committing an offence under Section 174 of 175 or both of the Indian Penal Code -- Section 117 of the Customs Act, finds place in a Special Act i.e., Customs Act, which is a complete code in itself providing for various violations, offences and penalties and the procedure etc., therefore, Section 174 & 175 of Indian Penal Code will have no application, in view of Section 4 & 5 of the Criminal Procedure Code -- Prosecution u/s 174 & 175 of the IPC quashed. (P&H HC) Reserved on: 20.04.2024 Decided on: 18.05.2024

336. Service matter -- Dismissal order against dead person -- A dead person cannot be punished -- Once a government employee, who dies during the pendency of the disciplinary proceedings, he cannot be proceeded after his death and the same principle can be followed against the State Government/Corporation Employees – Dismissal order set aside, petitioner held entitled for all the consequential benefits. (P&H HC) Reserved on: 08.05.2024 Decided on: 18.05.2024

337. Runaway marriage – Police protection – Minor girl -- School certificate – Birth certificate – Reliance upon -- Birth certificate relied upon by the father of petitioner would reveal that date of birth is 26.05.2007 as recorded in the birth register on 01.06.2007 -- Birth certificate was got issued, when there was no dispute -- Birth certificate relied, in order to form a prima facie opinion that petitioner is a child – No reliance can be placed upon abstract of the school register or a certificate issued by the Head Master of Government Primary School as it is not clarified as to on what basis and when this entry of date of birth was made – Petitioner is directed to be kept in the place of safety till she attains the age of majority, parental family disallowed to accompany her. (P&H HC) Reserved on: 14.05.2024 Decided on: 17.05.2024

338. Compromise quashing of FIR – Non-appearance of complainant – Compromise amount received by complainant – Effect of -- Respondent No.2-complainant is not coming forward to contest the petition or to refute the contention of the petitioners that she has already received the entire amount as per compromise – Held, continuation of the proceedings against the petitioners in the FIR in question shall be gross misuse of process of law -- Petition allowed, FIR and subsequent proceedings quashed. (P&H HC) Reserved on: 15.05.2024 Decided on: 17.05.2024

339. Appointment of Arbitrator – Waiver to object ineligibility -- A party can waive its right to object to the ineligibility of an Arbitrator but the same is subject to two conditions -- First, that the waiver is required to be by and done by an express agreement in writing; and second, that such agreement is entered into after the disputes have arisen -- Unless both the aforesaid conditions are satisfied, there can be no waiver of the ineligibility of an arbitrator. (Delhi HC) Decided on: 17.05.2024

340. Suit of specific performance – Limitation – Long delay – Plaintiff not appeared for cross-examination -- Effect of -- Plaintiff/appellant failed to enter into the witness box and subject himself to cross-examination, he has not been able to prove the prerequisites of Section 12 of the Act,1963 -- Suit was filed on the last date of limitation calculated on the basis of the last extended time -- Plaintiff entered into an agreement with only one of the co-owners -- Suit dismissed. (SC) Decided on: 17.05.2024

341. Eviction of tenant – Mesne profit -- Contention that there is no stay awarded, the question of such payment does not arise – It is also within the bounds of law, tenant who once entered the property in question lawfully, continues in possession after his right to do so stands extinguished, is liable to compensate the landlord for such time period after the right of occupancy expires -- Mesne profit assessed and ordered to be deposited in the registry of the Court. (SC) Decided on: 17.05.2024

342. POCSO case -- Recalling of victim/ child witness repeatedly -- There is no absolute bar u/s 33(5) of the POCSO Act to recall a victim witness, every case has to be weighed on the strength of its own evidence and necessity of recalling the child victim. (Orissa HC) Decided on: 17.05.2024

343. Murder – Regular bail – Petitioner name come in disclosure statement – No specific attribution or any overt act is attributed to the petitioner -- None of examined prosecution witnesses named the petitioner to be amongst the assailants – Petitioner in custody for the last 02 years 09 months and 28 days, though involved in various other cases as well -- Only 09 witnesses have been examined so far out of 54 witnesses -- Conclusion of trial is likely to take long time to conclude -- Material witnesses have already been examined – Bail allowed. (P&H HC) Reserved on: 14.05.2024 Decided on: 16.05.2024

344. Preventive detention of accused – Non-mentioning about bail in detention order – Non-decisioning on representation -- Effect of -- Non-mention about the grant of bail in the detention is serious lapse which in turn gives rise to the inference that there is non-application of mind – Right of detenue to prefer representation on his detention is a fundamental right enshrined under Article 22(5) of the Constitution of India -- Non-consideration of the representation goes to core of the case -- Detention order quashed. (J&K&L HC) Reserved on: 01.05.2024 Decided on: 16.05.2024

345. Preventive detention – Delay in decision of representation – Non-communication of – Effect of -- Respondents took almost three months to dispose of the representation of the petitioner – Reasons for withholding the decision for almost three months is absent -- Decision taken on the representation must be communicated to the detenue – Delay in disposal of the representation of the detenue seriously affects the valuable rights of the detenue -- Detention order quashed. (J&K&L HC) Decided on: 16.05.2024

346. Civil contempt -- Civil contempt is punishable with imprisonment as well as fine -- Disobedience of the Court’s order strikes at the very root of the rule of law on which the judicial system rests -- Judiciary is the guardian of the rule of law -- Dignity and authority of the Court have to be respected and protected at all costs -- Otherwise, the very cornerstone of the Constitution scheme will give way and with it will disappear the rule of law and the civilized life in the society. (HP HC) Reserved on: 10.05.2024 Decided on: 16.05.2024

347. Dis-membership from Bar association – Writ jurisdiction -- There is no public law element involved in the dispute between a member of the HP High Court Bar Association such as the petitioner and the said Association, and since the said Association is unregistered society, merely because its members are Advocates who appear in the High Court and assist in the administration of justice, it cannot be said that the writ petition against its office bearers in their personal capacity is maintainable. (HP HC) Reserved on: 29.04.2024 Decided on: 16.05.2024

348. Limitation – Duty of court -- Even if the plea of limitation is not set up as a defence, the Court has to dismiss the suit if it is barred by limitation. (SC) Decided on: 16.05.2024

349. PMLA case – Bail -- Appellant will complete 3½ years of incarceration on 26th May, 2024, half of the prescribed sentence -- Trial has not started, as the charge has not been framed -- Section 436A of Cr.PC will apply even to a case under the PMLA -- But the Court can still deny the relief owing to the ground such as where the trial was delayed at the instance of the accused -- No occasion for the appellant to cause the delay in trial, as even charge has not been framed -- Appellant order to be enlarged on bail on 27th May, 2024 u/s 436A of the Cr.PC. (SC) Decided on: 16.05.2024

350. Transfer of employee – Right of employee -- Transfer is an incidence of service and any employee can be transferred on administrative reasons and there is no vested right of an employee to seek posting of his own choice -- However, the aforesaid is not an absolute Rule and is subjected to various exceptions which cannot be put in any straight jacket formula -- Every case has to be seen according to its own facts and circumstances -- Petitioner is 70% handicapped and his wife is suffering from last stage of Lung Cancer -- Impugned order set aside, respondent-Nigam is at liberty to pass a fresh order after considering posting the petitioner near his house at Kaithal which may be a Non-Public Dealing Office. (P&H HC) Decided on: 16.05.2024