351. Dowry death – Appeal against acquittal -- Parents-in-law -- They were residing separately and had no occasion to harass the deceased -- Difficult to believe the prosecution case that parent-in-paw used to harass the deceased on account of dowry soon before her death – Learned Trial Court had taken a reasonable view while holding that the complicity of the parents-in-law of the deceased was not established based on the evidence led before it – High Court will not interfere with the same even if an alternative view is possible – Appeal dismissed. (HP HC) Reserved on: 30.04.2024 Decided on: 16.05.2024

352. Culpable homicide not amounting to murder – Regular bail -- Alleged occurrence, in which the three occupants of the car had given beatings to deceased and injured fled away -- None of the petitioners are named in the FIR, complainant did not disclose in the supplementary statement about the source, by which he came to know about the participation of the petitioners in the crime – Nothing in status report that whether any of the petitioners have any connection with that car -- Material witnesses have already examined -- Petitioners in custody for the last 1 year 2 months and 13 days and none of them have any other criminal case pending against them -- Trial may take time to conclude – Bail allowed. (P&H HC) Reserved on: 13.05.2024 Decided on: 15.05.2024

353. Deemed retirement – Rule of natural justice -- Petitioner’s date of birth ordered to be changed by Corrigendum dated 23.08.2014 as (1.6.1968) instead of (1.3.1965) in the tentative seniority list – Retirement date would be 31.05.2026, whereas petitioner retired on 28.02.2023 – No show cause was issued to the petitioner and she was not called upon to state or submit her response as to why she be not retired deeming her to superannuate w.e.f. 28.02.2023 -- Impugned notification is bad as it has been passed by the department without adhering to the principles of natural justice, quashed and set aside. (HP HC) Decided on: 15.05.2024

354. Transfer on recommendation of MLA – Challenge to – No malafide against the Member of Legislative Assembly alleged -- Fact that the petitioner has remained posted District Mandi for nine years, he cannot have any ground to raise grievance against the impugned transfer order. (HP HC) Reserved on: 07.05.2024 Decided on: 15.05.2024

355. Bigamy – Common intention – Quashing of complaint/ order framing charge -- Accused No. 5, 6 and 7 are friends and they witnessed the alleged bigamous marriage -- Not a shred of allegation by the complainant that these accused, acted as witnesses to the second marriage having knowledge that accused no.1 was already married to the complainant -- Charge of having a common intention to commit the offence u/s 494 IPC is totally unwarranted in the eyes of law -- Allowing the proceedings of the criminal case to be continued against the appellants would tantamount to gross illegality and abuse of the process of Court – Criminal case qua them quashed. (SC) Decided on: 15.05.2024

356. Dying declaration -- Once a dying declaration is found to be authentic inspiring confidence of the court, then the same can be relied upon and can be the sole basis for conviction without any corroboration -- However, before accepting such a dying declaration, court must be satisfied that it was rendered voluntarily, it is consistent and credible and that it is devoid of any tutoring. (SC) Decided on: 15.05.2024

357. Disciplinary proceedings -- Censure to employee -- Delay in retiral benefits – Interest thereupon – Promotion – Right of -- Since in the said disciplinary proceedings, the charges levelled against the petitioner in the chargesheet have not been proved and the petitioner has only been ordered to be censure, therefore, the petitioner is held entitled for the grant of interest @ 6% per annum for the delayed payment of retiral dues and his case is liable to be considered by the respondents for grant of promotional increment on completion of 23 years of service and also for promotion from the date, when persons junior to him were promoted with all consequential benefits. (P&H HC) Reserved on 08.05.2024 Decided on: 15.05.2024

358. Compensation in motor vehicle accident case – Injury case -- Shortening of leg – Permanent disability of 10% -- Future prospects – Claimant/ injured 40 years old was doing work of shuttering in construction of buildings – Functional disability taken as 20% -- Accident of 2005, monthly income taken as Rs.3,000/- per month – 40% future prospects given – Loss of income comes to Rs.840/- per month -- Multiplier of 15 applied, loss of income assessed as Rs.1,51,200/-. (HP HC) Reserved on: 02.05.2024 Decided on: 14.05.2024

359. Industrial dispute -- Demand Notice – Reference – Duty of Authority -- Appropriate Government, while considering/ making reference in terms of Section 10(1) of the Act, requires to apply its mind to ascertain whether industrial dispute, if any, exists or not – Firstly, authority needs to form an opinion that industrial dispute exist, only thereafter, it can proceed to make reference -- Authority cannot delve into the merits of the dispute, but before arriving at a conclusion that industrial dispute exist, if any, in the parties, authority needs to form an opinion on the basis of material adduced on record by the parties. (HP HC) Reserved on: 02.05.2024 Decided on: 14.05.2024

360. NDPS case – Acquittal – Foreign national do not know English, Hindi and Punjabi language – Effect of -- Accused-appellant is from Kenya -- PW3 SI categorically stated that accused did not know Hindi, Punjabi or English language and that she only knew the Kenyan language and was speaking only the said Kenyan language and also disclosed that police party did not know the Kenyan language, which was being spoken by the accused-appellant – It cannot be stated that fair trial has been conducted -- Entire investigation is held to be vitiated on account of the accused not understanding any communication made to her by the police party – There is complete non-compliance of Section 50 of the NDPS Act and numerous material contradictions in the statements of material witnesses – Appeal allowed, impugned judgment of conviction and order of sentence are set aside. (P&H HC) Reserved on: 03.05.2024 Decided on: 14.05.2024

361. Amendment of writ petition – Even though the provisions of Code of Civil Procedure are not applicable in the writ jurisdiction by virtue of the provision of Section 141 CPC, but the principle enshrined therein are applicable. (HP HC) Reserved on: 08.05.2024 Decided on: 14.05.2024

362. Seniority of Patwaris -- Seniority list was drawn on 7.01.2000 – Appellants are deemed to have knowledge of the seniority list, their seniority positions as well as the principle on which the seniority list was drawn -- For more than twenty years, the seniority list was accepted and acted upon -- Promotions had also been made on the basis of the seniority list – No cogent reasons given for not assailing the seniority list within a reasonable period – Re-drawal of seniority list after more than twenty years would not just affect a person or two but the seniority positions of more than 45 persons would be upset -- Settled seniority position could not be unsettled. (HP HC) Reserved on: 24.04.2024 Decided on: 14.05.2024

363. Investigation u/s 156(3) Cr.P.C. – Cognizance of offence -- When the Magistrate in exercise of his judicial discretion directs investigation u/s 156(3) of Cr. P.C., he cannot be said to have taken cognizance of any offence -- It is only when the Magistrate after applying his mind prefers to follow the procedure under Chapter XV of Cr.P.C. by resorting to Section 200, he can be said to have taken cognizance of the offence. (SC) Decided on: 14.05.2024

364. Compensation in motor vehicle accident case – Author of FIR not examined – Tribunal dismissed the claim petitions -- One of the passengers in the Tata-407 in her examination stated that Tata-407 was driven in a rash and negligent manner and further that tractor was also being driven in a rash and negligent manner which was coming from the opposite direction -- Both the vehicles collided and due to the heavy impact two ladies sitting on the tractor and one travelling in the Tata-407 died on the spot and that she along with other occupants suffered injuries -- Once the eye-witness of the accident was duly examined, there was no reason for the claim petitions to have been dismissed by the Tribunal -- Impugned awards set aside, matter remanded back to the Tribunal. (P&H HC) Reserved on: 08.05.2024 Decided on: 13.05.2024

365. Usufructuary mortgage -- Redemption of Mortgage -- Suit for declaration that plaintiff had become owner of the suit land by efflux of time as mortgage deed was dated 23.12.1959 for a consideration of Rs.500/- and since the land has not been redeemed, hence, the plaintiff had become owner of the suit land by efflux of time – Held, suit filed by the plaintiff was not maintainable -- It is trite that once a mortgage always a mortgage and there would be no period for redemption for the same – Suit dismissed. (P&H HC) Reserved on: 06.05.2024 Decided on: 13.05.2024

366. Compensation in motor vehicle accident case – Insurance company’s liability – False case and a hit-and-run case as ground – Eye-witness stepped into the witness box as CW1 and deposed qua the accident – CW2 reiterated the version of CW1 – No reason forthcoming for disbelieving the statements of the two eye-witnesses – Driver and owner of the Canter did not choose to step into the witness box to deny the averments on oath or to depose that the accident had not taken place – Appeal of Insurance company dismissed. (P&H HC) Reserved on: 08.05.2024 Decided on: 13.05.2024

367. Substituted service – Defendant residing aboard – Publication in local newspaper – Validity of -- Publication has to be in a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided or carried on business or personally worked for gain -- In plaint the address of the defendant is of Québec in Canada -- That being so, service by way of publication in the Bathinda Edition of the Tribune cannot in any manner be held to be valid service. (P&H HC) Reserved on: 08.05.2024 Decided on: 13.05.2024

368. Recovery suit – Time barred debt -- Extension of limitation -- Part payment after expiry of limitation -- Last delivery of the goods took place on 04.07.1988 -- Period of three years would come to an end on 04.07.1991 -- Any payment alleged to have been made beyond the said period would not restart the limitation period u/s 19 of the Limitation Act, 1963. (P&H HC) Reserved on: 06.05.2024 Decided on: 13.05.2024

369. Rent Laws (HP) -- Tenant -- Fair rent – Determination of -- Expiry of lease – Power of Appellate Authority -- Respondent falls within the definition of ‘tenant’ and that the Rent Controller was having the statutory right to pass order on an application filed before it either by the tenant or the landlord for determination of fair rent -- Appellate Authority was to adjudicate the appeal within the parameters of the statutory provisions of the H.P. Urban Rent Control Act, 1987 and there was no occasion for it to traverse this Act and fall back on the provisions of the Transfer of Property Act. (HP HC) Decided on: 13.05.2024

370. Compromise decree – Statement w.r.t compromise in court – Effect of – Challenged on the ground that settlement between parties in not in writing -- Parties and their respective counsel suffered a joint statement in the court which was not only recorded but also signed by all of them including their respective advocates -- Such settlement is in writing and signed by the parties – Appeal dismissed. (P&H HC) Decided on: 10.05.2024

371. NDPS -- Prior information – Search warrant – Independent witness -- Police received prior information but did not obtain the search warrant because the police apprehended that case property would be destroyed by the delay in procuring the warrant, therefore, it resorted to the provisions of Section 42(2) -- The fact that independent witnesses have not stated anything about preparing the rukka and information under Section 42(2) in their presence and sending the police official with the same shows that there was no compliance with Section 42(2) and the same is fatal to the prosecution case. (HP HC) Reserved on: 26.04.2024 Decided on: 10.05.2024

372. Appointment of Local Commissioner – Dismissal of application -- Maintainability of revision -- It is trite that an order refusing to appoint a Local Commissioner does not decide any issue nor does it adjudicate any rights of the parties for the purpose of the suit and hence would not be a revisable order. (P&H HC) Decided on: 09.05.2024

373. Disclosing the sex of foetus – Role of owner of Hospital -- Quashing of complaint/ summoning order -- No allegation, direct or indirect levelled against owner of Hospital -- Ownership of the Hospital where the ultrasound was allegedly carried upon a decoy pregnant woman would not make him liable under the PCPNDT Act -- At the very least, the allegations in the complaint should demonstrate the commission of a cognizable offence by the accused in question -- Any such evidence against owner is conspicuously absent – Petition allowed qua owner of hospital. (P&H HC) Reserved on: 02.05.2024 Decided on: 09.05.2024

374. Amendment of plaint based upon inheritance -- Limitation -- Bar of limitation is not available when a suit is filed on the basis of inheritance, as inheritance does not remain in abeyance. (P&H HC) Decided on: 09.05.2024

375. Delay in retiral benefits -- Interest thereupon -- Either before or after the retirement of the petitioner, no departmental/ criminal proceedings were pending against him, therefore, his retiral benefits were required to be released within a reasonable time after his retirement -- Interest @ 6% per annum allowed, on the delayed payment of retiral dues w.e.f. 01.01.2023 (after two months of his retirement) till the actual date of payment. (P&H HC) Decided on: 09.05.2024

376. Ex parte interim injunction – Where ex parte injunction granted, the injunction application has to be decided within a period of 30 days -- Direction given to the Commercial Court to hear arguments on the injunction application on the date fixed and decide the same preferably on the same day -- If for some reasons, the Court is not in a position to hear arguments and decide the application, it may defer the hearing while complying with the provisions of Order XXXIX Rule 3A CPC. (P&H HC) Decided on: 09.05.2024

377. Objections against award of Arbitration -- Condonation of delay – Whether provisions of Section 5 of the Limitation Act, 1963 are applicable to objections filed under the Act of 1996 – Held, application u/s 5 of the Limitation Act, is ousted by proviso to Sub-section 3 of Section 34 of the Act, 1996. (P&H HC) Decided on: 09.05.2024

378. Cheating – Extortion -- Regular bail -- Allegations against the petitioner are based upon the disclosure statement – He is in custody for the last 5 months and 22 days -- Although, he is involved in one more case, but has already been allowed bail -- Out of 14 witnesses cited by the prosecution, not even a single witness has been examined so far and thus, trial is likely to take long time to conclude -- The case is triable by Magistrate – Bail allowed. (P&H HC) Reserved on: 07.05.2024 Decided on: 09.05.2024

379. Summoning of additional accused – Procedure of -- Section 319 of Cr.P.C. becomes applicable, when during the trial after the filing of the challan and framing of the charge-sheet, evidence is presented indicating the involvement of a person, who was not initially charged by the police -- If the evidence establishes the person's complicity, the court may proceed to include them in the proceedings -- To apply Section 319 CrPC, evidence led should be such that it shows more than a prima facie case as is exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction. (P&H HC) Reserved on: 07.05.2024 Decided on: 09.05.2024

380. POCSO – Anticipatory bail – Neither the victim nor his father is inclined to pursue the matter against the petitioner any further, interim bail granted – State acknowledged that petitioner has joined investigation, his custodial interrogation is not required – Petition allowed, interim order made absolute. (P&H HC) Decided on: 08.05.2024

381. Temporary injunction against co-owner – Exclusive possession -- From the revenue record, it transpires that parties are in separate possession of the suit land – Held, when exclusive possession of the plaintiffs over the suit land is evident from the revenue records, then the defendants have been rightly restrained from interfering into their exclusive possession over the suit land. (P&H HC) Decided on: 08.05.2024

382. Dishonestly receiving property stolen in the commission of a dacoity – Sentence to already undergone – Charges not framed against co-accused, acquitted -- Charges framed only in respect of the jewellery recovered from the three accused and no charges were framed for remaining accused – Three accused convicted, remaining acquitted – Having regard to the fact that appellants were aged 68 years, 55 years and aged 32 years at the time of passing of impugned judgment and there is no evidence that they are involved in multiple cases, it will be in the fitness of things that the substantive sentence of R.I. reduced to the one already undergone – Sentence reduced to already undergone. (P&H HC) Decided on: 08.05.2024

383. Will -- Examination of Scribe of Will – Video conferencing -- One of the attesting witness has expired and the other attesting witness has been summoned several times who is not coming forward to depose – Examination of scribe living abroad through video conferencing allowed -- Petitioner would not be in a position to get a Co-ordinator at the remote point -- Trial Court would give a direction in its order regarding appointment of a Coordinator at the remote point in accordance with the rules so that the petitioner is in a position to pursue his matter with the concerned consulate/ embassy/ High Commission. (P&H HC) Decided on: 08.05.2024

384. Forfeiture of surety bond – Penalty – Show cause notice -- It was impossible for the appellant/ surety to produce the accused before the Trial Court on specific date as he was confined in some other case and this fact was not in the knowledge of the appellant as well as the Trial Court -- No show cause notice was ever issued by the Trial Court in terms of Section 446 of Cr. P.C. nor the Trial Court had recorded the grounds of proof of forfeiture of the bond – Held, mandatory provision, as laid down by Section 446 of the Cr. P.C had not been followed and the impugned order is legally unsustainable – Order of Additional Sessions Judge, whereby a penalty of Rs.50,000/- ordered to be recovered from him as arrear of land revenue, set aside. (P&H HC) Reserve on: 07.05.2024 Decided on: 08.05.2024

385. Ad-valorem court fee – Transfer of property in favour of family members by registered instruments -- Suit for cancellation of document -- Trial court directed the plaintiff to pay ad-valorem court fee – Held, suit will be governed by Article-I, Schedule-I of the 1870 Act, which provides for payment of ad valorem court fee on the value of the subject matter in dispute -- There is no error in the impugned orders of the trial Court -- Revision dismissed. (P&H HC) Decided on: 08.05.2024

386. Acquittal in motor vehicle accident case -- Statement of PW5-ASI, the Investigation Officer that notice u/s 133 of the M.V. Act was sent to the owner of the offending vehicle, who endorsed that offending vehicle was being driven by the appellant/ accused -- However, prosecution failed to examine the owner of the vehicle before the trial Court concerned – Held, statement made before the Investigating Officer cannot be accepted as a gospel truth – Conviction set aside – Petitioner acquitted. (P&H HC) Reserved on: 06.05.2024 Decided on: 08.05.2024

387. Surplus land – Allotment thereof – Notice to subsequent purchaser – Requirement of -- Suit land declared surplus in the hands of big landowners way back in 1965 and had vested in the State of Haryana w.e.f. 24.01.1971, whereas plaintiffs-appellants purchased the suit land in May 1980 i.e. almost 15 years later than the declaration of the suit land as surplus -- Before making the allotment, simple effecting of the munadi in the village is sufficient u/s 16 of the Act so that the eligible allottees can put forward their claim -- As plaintiffs were not recorded as owners of the suit land, so it was not essential to issue them any such notice. (P&H HC) Reserved on: 01.05.2024 Decided on: 08.05.2024

388. Murder of wife -- Circumstantial evidence – Last seen together – Circumstances leading to murder were in the exclusive knowledge of the appellant -- He has offered no explanation as to the manner in which deceased was strangled to death within the confines of the room where only he and the deceased were present -- Bald plea of denial offered by the accused by way of an explanation to this gravely incriminating circumstance is not sufficient to absolve him of the burden cast upon him by virtue of Section 106 of the Indian Evidence Act, 1872. (SC) Decided on: 07.05.2024

389. Additional evidence -- By proposed additional evidence, the petitioner intends to produce copy of Registration, Memorandum and Article of Association, pertaining to Gaushala -- Application moved at the stage of rebuttal and arguments -- Nowhere, in the pleadings as well as in the testimony of witnesses, any reference was made to the aforesaid documents -- These documents were very much in the active knowledge of the petitioner, at the time of recording of the evidence -- Application for additional evidence dismissed. (P&H HC) Decided on: 07.05.2024

390. Cheque bounce complaint – Acquittal -- Huge amount of Rs.5 lacs was allegedly given to the respondent-accused in cash -- Complainant failed to provide any documentary evidence in support of the advancement of loan, raising doubts about the credibility of the said transaction – Absence of specific dates regarding the loan advancement and issuance of cheque further weakens the case of the complainant -- Concealment of facts by the complainant including his involvement in a case of fraud and also depositing money into unrelated party’s accounts further undermines the credibility of the case brought-forth by the complainant against the respondent-accused – Acquittal order upheld. (P&H HC) Decided on: 07.05.2024

391. Non-filing of written statement -- Passing of judgment in favour of plaintiff is subject to the satisfaction of the Court that there are no disputed facts in the plaint and judgment can be passed without asking the plaintiff to lead evidence -- If Court comes to the conclusion that evidence is required to be led by the plaintiff to prove the claim, then it cannot pass a judgment in favour of the plaintiff by invoking provisions of Order 8 Rule 10 CPC. (P&H HC) Reserved on: 04.04.2024 Decided on: 07.05.2024

392. History sheet – Name of minor child -- Extra care and precaution, to be observed by a police officer while ensuring that the identity of a minor child is not disclosed -- It will prevent the undesirable exposure to the minor children. (SC) Decided on: 07.05.2024

393. Scope of objection u/s 34 of Arbitration Act -- As far as the construction of the terms of a contract is concerned, it is for the Arbitral Tribunal to adjudicate upon -- If, after considering the material on record, the Arbitral Tribunal takes a particular view on the interpretation of the contract, the Court u/s 34 does not sit in appeal over the findings of the arbitrator. (SC) Decided on: 07.05.2024

394. Child in conflict with law -- Preliminary assessment – Time limit -- The provision of Section 14(3) of the Act, providing for the period of three months for completion of a preliminary assessment under Section 15 of the Act, is not mandatory -- The same is held to be directory -- The period can be extended, for the reasons to be recorded in writing, by the Chief Judicial Magistrate or, as the case may be, the Chief Metropolitan Magistrate. (SC) Decided on: 07.05.2024

395. Stay of second suit – Mandatory nature of Section 10 of CPC -- The use of negative expression in Section 10 of the Code i.e. “no court shall proceed with the trial of any suit” makes the provision mandatory and the court in which the subsequent suit has been filed is prohibited from proceeding with the trial of that suit if the conditions laid down in Section 10 of the Code are satisfied. (P&H HC) Reserved on: 01.05.2024 Decided on: 06.05.2024

396. Insurance policy -- Repudiation of claim -- Non-disclosure of earlier policy -- Nothing on the record which proves that the plaintiff-appellant was debarred from taking the insurance with the defendant-respondents after getting the earlier insurance policy cancelled -- Not the case that the plaintiff-appellant was trying to recover his loss from both the insurance companies -- Not a case of double insurance -- Contention that the insurer is not liable to pay the damages and the policy is void due to concealment of material facts has no merit. (P&H HC) Reserved on: 02.05.2024 Decided on: 06.05.2024

397. Shamilat deh – Mutation -- Land pre-consolidation was shamlat deh -- Consolidation Authority had no right to partition the land amongst the proprietors and to allot the land to the plaintiff-appellants -- Argument that since there was a mutation in favour of plaintiff, hence, he had become legal owner of the plot also deserves to be rejected. (P&H HC) Reserved on: 02.05.2024 Decided on: 06.05.2024

398. Suit for mandatory injunction for possession and registration of lease agreement -- Plaintiff-appellant had ample opportunity to file a suit for specific performance but failed to do so – Suit as well as First Appeal dismissed in view of bar of Section 41(h) of Specific Relief Act -- A duty is cast on a plaintiff to show and satisfy the Court that the suit brought by him is property constituted and maintainable in law – No illegality or irregularity in the impugned judgments and decrees -- Appeal dismissed. (P&H HC) Reserved on: 30.04.2024 Decided on: 06.05.2024

399. Rejection of plaint -- Benami property – Bar to recover benami property -- On a meaningful reading of the plaint, it cannot be ascertained as to whether the matter would be covered u/s 4 of the Benami Transactions Act -- Question whether the suit is barred u/s 4 of the Benami Transactions Act would be a matter of trial – Application for rejection of plaint dismissed. (P&H HC) Reserved on: 02.05.2024 Decided on: 06.05.2024

400. Second application for rejection of plaint – Res-judicata -- Earlier application under Order 7 Rule 11 CPC had been filed by the petitioner which had been dismissed by the trial Court, said order has attained finality -- Now this second application under Order 7 Rule 11 CPC on the ground that the instant suit is barred as per provisions of Order 23 Rule 1(4) CPC -- Present application filed for same relief by moulding the averments cannot be accepted. (P&H HC) Reserved on: 15.04.2024 Decided on: 06.05.2024