401. Quashing of FIR – Commercial transaction – Breach of contract -- Three hypothecated trucks not produced for inspection -- Rather disclosed that they had dismantled and disposed of the same -- Said act prima facie, makes out a case u/s 421 and 425 of IPC -- At the stage of considering the quashing of the FIR, the Court is required only to look into the allegations made in the complaint/ FIR by taking them to be at their face value -- Mere fact that the complaint relates to a commercial transaction or breach of contract, for which a civil remedy is available or has been availed, is not by itself a ground to quash the criminal proceedings -- Both criminal and civil law remedy can be pursued – Quashing petition dismissed. (P&H HC) Reserved on: 03.04.2024 Decided on: 06.05.2024

402. Abetment to commit suicide – Compromise quashing of FIR -- Power to quash the FIR depend upon the facts and circumstances of the case -- It is required to be seen by the High Court as to whether Section 306 IPC is even made out from the contents of FIR or not before coming to the conclusion that quashing of proceedings u/s 306 IPC on the basis of compromise should be allowed or not by exercising power under Section 482 Cr.P.C. -- Merely by blaming the petitioners to be responsible for commission of suicide by the deceased in the suicide note, cannot be sufficient to invoke Section 306 IPC – FIR and subsequent proceedings quashed. (P&H HC) Reserved on: 20.04.2024 Decided on: 06.05.2024

403. SARFAESI proceedings – Writ jurisdiction – Interference under Article 226 of the Constitution of India has to be minimal and it is only in exceptional or extraordinary circumstances that intervention should be there. (P&H HC) Decided on: 06.05.2024

404. Cheque bounce complaint – Production of Bank Account statement of complainant from Bank – Locus standi of accused -- Trial Court dismissed the application by observing that power to summon any document on file is vested with the Court or the Officer In-charge of the Police Station and thus, the application moved at the instance of petitioner-accused could not be entertained -- Held, power u/s 91 of CrPC can be exercised either by the Court on its own or even on an application moved by either of the parties to the trial – Impugned order set aside, matter remanded back to trial court to adjudicate afresh. (P&H HC) Decided on: 06.05.2024

405. Re-allotment of land – Objections -- Addl. Director Consolidation remanded the lis to decide objections u/s 21(2) of the Act – Consolidation Officer passed order, yet the aggrieved estate holder challenged the order in appeal before the Settlement Officer, who dismissed the said appeal – On petition of aggrieved party, Additional Director of Consolidation reversed earlier order -- Remedy to the aggrieved from earlier order was before High Court or before the Civil Court -- Exercising of jurisdiction twice by the same authority on similar motions tantamount to the exercising of review jurisdiction, which is impermissible – Writ allowed, preserving liberties to access the Civil Court remedies. (P&H HC) Reserved on: 19.04.2024 Decided on: 06.05.2024

406. General Power of Attorney/ GPA – Sale – Consent decree – Legality of -- Words ‘bay’ i.e. to sell is specifically mentioned in the GPA, which means attorney was authorized to sell, but by suffering the decree he did not sell the land and rather, he transferred the suit land in favour of his sons by admitting some purported family settlement -- Said decree did not amount to sale. (P&H HC) Reserved on: 26.04.2024 Decided on: 06.05.2024

407. Suit for permanent injunction -- Using the suit property for storing cow dung etc. and lien was used for preparing lime mortar for building material -- No date mentioned when this property was being used for preparing lime mortar -- Mere storing cow dung and wooden sticks does not prove a case in favour of the plaintiff -- Since the plaintiff himself has failed to prove his possession over the suit property, he is not entitled for injunction. (P&H HC) Decided on: 03.05.2024

408. Cheque bounce complaint – Interim compensation -- Trial Court passed the impugned order and awarded maximum of the permissible compensation of 20% of the cheque amount by invoking provisions of Section 143-A under the impression that the said provision is mandatory in nature -- Impugned order set aside, direction given to learned trial Court to decide the matter afresh in consonance with the provision of Section 143-A NI Act as is explained and clarified by the Hon’ble Supreme Court in Rakesh Ranjan Srivastava Vs. State of Jharkhand & Anr., 2024(2) RCR(Crl.) 279 = 2024 INSC 205 = (2024) Law Today Live Doc. Id. 19277. (P&H HC) Decided on: 03.05.2024

409. Murder – Acquittal – Last seen together theory -- The theory of last seen together is helpful to the prosecution if the deceased was seen in the company of the accused in the proximity of the time at which the dead body is found -- Deceased on the day he was found dead, after he was allegedly seen with the accused, attended a meeting of the Congress Party -- Involvement of other persons in the offence is not ruled out – Appellant no. 2 was found in the company of the deceased is not sufficient to link him with the commission of the offence of murder – Conviction of appellants u/s 302/ 149 of IPC set aside. (SC) Decided on: 03.05.2024

410. Custody of child -- Writ of Habeas Corpus – It is not a case that the appellant-grandmother had illegally kept the custody of the minor child -- It is the respondent-father who had placed the custody of the minor child with the appellant-grandmother -- High Court ought not to have entertained the habeas corpus petition under Article 226 of the Constitution of India -- Compelling a minor child at the tender age of 7 years to withdraw from the custody of his grandparents with whom he has been living for the last about 5 years may cause psychological disturbances – Paramount interest of the welfare of the minor child would be required to be done -- Such an exercise would not be permissible in the extraordinary jurisdiction under Article 226 of the Constitution of India – Order of High Court set aside. (SC) Decided on: 03.05.2024

411. Attempt to murder – Regular bail -- It is a case of version and cross version wherein both the parties have received injuries at the hands of each other -- Petitioner too have received injury in the occurrence -- Bail allowed. (P&H HC) Decided on: 03.05.2024

412. Murder – Regular bail -- Petitioner has clean antecedents -- No specific role or injury attributed to him, other than his presence being reflected in the FIR -- Bail allowed. (P&H HC) Decided on: 03.05.2024

413. NDPS case – Commercial quantity -- Petitioner in custody since 21.05.2022 and only 03 out of 17 prosecution witnesses has been examined so far -- Rigors of Section 37 of the NDPS Act can be diluted to an extent in view of the salutary provisions of Article 21 of the Constitution of India – Bail allowed. (P&H HC) Decided on: 03.05.2024

414. Murder – Regular bail – Delay in FIR for more than 100 days -- Two others accused are there -- Only circumstantial evidence against the petitioner is her disclosure statement coupled with the recovery of knife allegedly used in the crime -- FSL report is not on record to show as to whether there were any blood stains on the knife and as to whether those blood stains matched with the blood of deceased or other physical evidence as collected from the spot -- Petitioner in custody for the last 3 years 6 months and 22 days with no other criminal case -- Out of 19 only 8 have been examined so far – Bail allowed. (P&H HC) Reserved on: 30.04.2024 Decided on: 03.05.2024

415. Sale deed by minor – Challenge to – In school record plaintiff’s name is P.K -- In the Jamabandi/ revenue record, plaintiff’s name is P.K. daughter of K – In both the sale deeds assailed by the plaintiff her name is mentioned as P.K. and she claimed herself to be major -- Birth certificate (Ex.P1/A), on which the plaintiff placed reliance, pertains to R.K -- Plaintiff failed to produce any document to reveal that apart from P.K., she was ever known by the name of R.K. -- Mother and two brothers of plaintiff not examined – Held, it cannot be stated that birth certificate of R.K. pertains to the plaintiff – Suit dismissed. (P&H HC) Reserved on: 19.04.2024 Decided on: 03.05.2024

416. Doctrine of lis pendens – Bonafide purchaser -- Once it has been held that the transactions executed by the respondents are illegal due to the doctrine of lis pendens the defence of the respondents 1-2 that they are bonafide purchasers for valuable consideration and thus, entitled to protection under Section 41 of the Act of 1882 is liable to be rejected. (SC) Decided on: 03.05.2024

417. Eviction petition – Amendment of written statement -- Amendment sought is to clarify the location and the area of the demised premises -- Court should assist the parties in bringing on record the complete facts than to prevent them from exercising their rights on rigid technicalities -- Rent Controller, directed to provide one effective opportunity to the petitioners/ defendants to file their amended written statement. (P&H HC) Decided on: 02.05.2024

418. Acquittal – Theft -- Delay in FIR -- Theft had allegedly taken place on the night intervening 21/22.05.2009 at about 03.00 AM and the FIR had been got recorded on 24.05.2009 at 05.30 PM -- Once the accused were identified by the complainant/petitioner at the spot and they had been named in the FIR, the delay in the registration of the same is fatal to the case of the prosecution case – Revision against acquittal dismissed. (P&H HC) Decided on: 02.05.2024

419. Summoning of additional accused – Quashing of summoning order -- Not being an eye-witness, PW-1’s deposition is not sufficient enough to invoke the extra-ordinary jurisdiction u/s 319 to summon the appellants -- No other witnesses deposed against the appellants -- No documentary evidence – No role attributed to the appellants -- Deposition of PW-1 is in line and consistent with her statement u/s 161 -- Higher degree of satisfaction required for exercising power u/s 319 Cr.P.C. is not met – Held, Trial Court committed a serious error in issuing summons to the appellants -- High Court should have quashed the order – Appeal allowed, impugned order/ judgment set aside. (SC) Decided on: 02.05.2024

420. Rent laws -- Eviction of tenant – Appeal/ Stay application pending -- Warrant of possession – Held, purpose of filing of appeal shall stand frustrated, if the execution is culminated – Ld. Appellate Authority requested to decide the stay application, on the date fixed or maximum within a period of seven days thereafter -- In the meanwhile, the warrant of possession (if issued), shall remain in abeyance and the protection of possession of the petitioner from the demised premises, shall continue. (P&H HC) Decided on: 01.05.2024

421. Photocopy of sale deed – Evidential value -- Once the defendants had categorically admitted that plaintiff was the owner of the land on which she had raised the construction of a building, there was no question to doubt the title of the plaintiff in this regard simply for the reason that only the copy of the sale deed was produced and not the original sale deed. (P&H HC) Reserved on:24.04.2024 Decided on: 01.05.2024

422. Appointment of Lambardar – Hereditary claim -- Contended that the petitioner being son of the deceased Lambardar has hereditary claim to the post – Hereditary claim is unconstitutional, argument raised is without any force, rejected. (P&H HC) Reserved on: 09.04.2024 Decided on: 30.04.2024

423. Lapse of acquisition of land under 1894 Act -- Award u/s 11 of the Act, was passed on 23.03.2007 and the reference petition u/s 18 of the Act was decided on 25.09.2013, whereas, the New Act came into force on 01.01.2014 – Even at the time of decision of the Reference Petition, by the learned Reference Court, New Act had not come into force -- Legislature, in its wisdom, has used the term ‘award’ u/s 11 of the Act, in Section 24 of the New Act -- The arguments, qua applicability of the New Act, regarding the land acquired, do not hold water, rejected. (HP HC) Reserved on : 27.03.2024 Decided on: 30.04.2024

424. DNA test of witness – Permissibility of -- Suit for declaration with consequential relief of permanent injunction -- When the person is not a party to the lis and is deposing in the Court, as only witness, his/her DNA examination cannot be allowed -- Application for seeking DNA examination, dismissed. (P&H HC) Decided on: 30.04.2024

425. Money Laundering case – Acquittal/ discharge of accused – Release of attached property -- Till the judgment of acquittal predicate offence is reversed in an appeal, all the effects of acquittal will continue to operate and mere filing of an appeal against acquittal would not mean that the respondents will continue to suffer the rigors of criminal proceedings or attachment under the PMLA -- No infirmity in the order whereby the attached movable and immovable properties were directed to be released by the learned Special Judge. (Delhi HC) Decided on: 30.04.2024

426. Accused at abroad – Proclaimed person -- At the time of issuance of proclamation u/s 82 of the Cr.P.C., the trial Court was fully conscious of the fact that the petitioner has gone abroad -- Trial Court at the first instance should have proceeded u/s 105 of the Cr.P.C. for effecting service upon the petitioner through German Consulate -- Date of appearance was short of 30 days statutory period -- Still further, the petitioner was declared as proclaimed person on date, which was not fixed for appearance – Held, declaration of petitioner as proclaimed person was wholly in violation of the statutory mandate laid down u/s 82 read with Section 105 Cr.P.C thereof – Petition allowed, impugned order set aside. (P&H HC) Decided on: 30.04.2024

427. Temporary injunction – Notice to opposite party – Requirement of -- It is mandatory for the Court to direct notice of the application filed under Rules 1 and 2 of Order 39 to be given to the opposite party except where it appears to the Court that object of granting injunction would be defeated by delay -- Notice mandated under Rule 3 cannot be a mere formality -- It has to be reasonable notice and the opposite party is entitled to make itself response within reasonable period. (HP HC) Reserved on: 05.04.2024 Decided on: 29.04.2024

428. Rejection of plaint -- Limitation -- Question of limitation would be a mix question of law and fact, the same cannot be decided in an application under Order 7 Rule 11 CPC. (P&H HC) Reserved on: 02.04.2024 Decided on: 29.04.2024

429. Framing of additional issue of territorial jurisdiction – Application under Order VII Rule 11(d) of the CPC read with Section 166(2) of the Motor Vehicles Act, 1988 for rejection of the claim petition on the ground of lack of territorial jurisdiction dismissed -- Insisting on framing of an additional issue qua jurisdiction cannot be permitted to get the question of jurisdiction reopened since the same already stood concluded. (P&H HC) Reserved on: 08.04.2024 Decided on: 29.04.2024

430. Quashing of Challan/ Charge-sheet – Petitioner/ Complainant charge-sheeted in his own FIR -- Petitioner filed private complaint in which preliminary evidence has already been recorded – Not proper for the Investigating Agency to file the challan against the petitioner to prosecute him in the FIR, which was lodged on his own complaint instead of filing the cancellation report -- By not filing the cancellation report, petitioner was not afforded any opportunity to file protest petition -- Challan and Charge-sheet quashed. (P&H HC) Reserved on: 15.04.2024 Decided on: 29.04.2024

431. Suit for specific performance – Interim relief -- Status quo -- Plaintiff seeking specific performance of contract against defendant No.1 -- Defendant No.1 had sold parts of suit land to defendants No.2 and 3/ during pendency of the suit proceedings -- Defendant No.1 had admitted the execution of the agreement in favour of plaintiff, but his case was that sale deed can be executed only after the partition of the suit land -- Balance of convenience and prima facie case existed in plaintiff’s favour -- To preserve the suit property and to avoid multiplicity of litigations, the order for maintaining status quo qua possession, alienation or creating further third-party interest in the suit land till the disposal of the suit was just and proper. (HP HC) Decided on: 26.04.2024

432. Dismissed in default – Delay in Restoration application supported by affidavit – Condonation of delay without application – Ld. trial Court, after considering the averments of the parties and guided by the basic tenets of law that the rights of the parties should be examined on merits and not fettered by technicalities, and to advance the cause of justice, allowed the application and restored the suit – Held, Ld. trial Court adopted a correct and judicious approach, by permitting the parties to have their rival claims decided on merits. (P&H HC) Decided on: 26.04.2024

433. Succession of tenancy rights to lineal male descendant – Agricultural land -- Both the courts below after have relied upon Section 18 of the Pepsu Occupancy Tenants (Vesting of Proprietary Rights) Act 1953 and Section 59 of the Punjab Tenancy Act, 1887, which provide that lineal male descendant are only entitled to inherit the tenancy rights – No ground to interfere – Appeal dismissed. (P&H HC) Decided on: 26.04.2024

434. Compensation in motor vehicle accident case -- Fake insurance policy – Onus of proof – Third party rights -- An application filed before SHO for initiation of action, nothing coming forth, about registration of the FIR or any other action taken, on the basis thereof -- Nothing on record, about the action taken by the insurance company against the agent, on account of questioned policy -- Insurance company failed to discharge its onus – Held, for all intents and purposes, this questioned policy, ought to be taken into consideration -- Moreover, the third party is not concerned in internal dispute between the insurer and the insured -- Claim can be maintained by third party i.e. the claimants against the insurer -- Award, casting liability on the insurer and providing to the insurer a right of indemnity, was justified. (P&H HC) Decided on: 26.04.2024

435. Parole for own engagement and marriage ceremony -- Petition allowed, petitioner granted parole for a period of two weeks. (Delhi HC) Decided on: 26.04.2024

436. Resignation by employee -- Acceptance of resignation – Non-communication thereof -- Withdrawal of resignation – Effect of -- As per service jurisprudence, the employment is terminated from the date on which the letter of resignation is accepted by the appropriate authority -- Appellant, tendered his resignation letter on 10.10.2017 and this resignation letter came be accepted on 14.10.2017 – Resignation was withdrawn vide letter dated 25.10.2017 by posting said letter on 03.11.2017 -- Non-communication of the acceptance does not make the resignation inoperative provided, there is, in fact, an acceptance before the withdrawal -- It is not open to the public servant to withdraw his resignation after it is accepted by the appropriate authority -- Section 7 of the MEPS Act and Rule 40 of the Rules does not impose any guidelines for acceptance of the resignation upon the management – Therefore, the contention raised by the appellant about withdrawal of resignation before (SC) Decided on: 25.04.2024

437. Murder -- Culpable homicide not amounting to murder -- No premeditation, incident occurred since the appellant believed that the utterances by deceased were aimed at him and, therefore, he retaliated by abusing the deceased -- This was followed by a heated exchange between them -- They grappled out of the building of the Dhaba -- Accused-Appellant rushed to his car, pulled out a bottle from the driver’s seat side, broke it on the bumper of the car and attacked the deceased -- It is thus clear that the incident occurred without premeditation, in a sudden fight, in the heat of passion and upon a sudden quarrel -- Case would fall under Exception 4 to Section 300 of the IPC -- Conviction of the accused-Appellant u/s 302 of the IPC altered to one under Part I of Section 304 of the IPC. (SC) Decided on: 25.04.2024

438. Haryana Registration and Regulation of Societies Act, 2012 (Haryana Act No. 1 of 2012), Section 80 – Election of governing body under challenge -- Induction of 278 persons as members of the Society – Effect upon -- Unless any defect is pointed out at the outset as regards the eligibility of 278 members to be inducted as members or that they had not deposited the requisite charges or fulfill the eligibility conditions required under bye-laws, their induction cannot be said to be invalid merely on account of any subsequent defect as may be noticed in the election of the governing body. (P&H HC) Decided on: 25.04.2024

439. Eviction of tenant -- Arrears of rent -- Assessment of provisional rent -- Tenant filed appeal against assessment order -- Said appeal was dismissed, parties directed to appear before learned Rent Controller on 09.11.2022 for further proceedings and order of ejectment passed by Rent Controller on the ground of non-payment of provisionally assessed rent – Held, Rent Controller was required to fix a date for payment of provisional rent assessed – Eviction order set aside, parties directed to appear before the Rent Controller and to pay the arrears of provisional rent assessed. (P&H HC) Decided on: 25.04.2024

440. Screen shots of mobile – Secondary evidence -- Copies of the screen shots being secondary evidence is admissible in evidence subject to requirement of certificate as per provisions of Section 65-B of the Evidence Act -- Electronic documents ordered to be admitted in evidence subject to provisions of Section 65-B of the Evidence Act with liberty to the petitioner to cross-examine the complainant -- Evidentiary value and relevancy of the said electronic documents will be adjudicated by the learned trial Court at the time of final disposal of the case. (P&H HC) Reserved on: 20.3.2024 Decided on: 25.04.2024

441. Removal from service – Leave encashment – Right of -- Leave encashment is admissible only at the time of retirement and not at any time before attaining the age of superannuation -- An employee, who has been removed from service, is not entitled for the grant of leave encashment – Writ petition dismissed. (P&H HC) Decided on: 25.04.2024

442. Agreement with arbitration clause – Subsequent final Settlement and MOU – Arbitration clause in the original agreement would not be enforceable as this is a full and final settlement with respect to the contract and will be treated as a foreclosed document. (Delhi HC) Decided on: 24.04.2024

443. Compensation in motor vehicle accident case -- Split multiplier -- Deceased left with about one and a half year of service as on the date of the accident – Only argument of the appellant-Insurance Company that compensation ought to have been determined after applying the split multiplier method cannot be accepted – Appeal dismissed. (P&H HC) Reserved on: 02.04.2024 Decided on: 24.04.2024

444. Amendment of plaint -- Power to allow an amendment is wide and may be appropriately exercised, at any stage, in the interest of justice -- All amendments are to be allowed, which are necessary for determining the real question in controversy, provided it does not cause injustice or prejudice to the other side and that, it is essential, to enable the Court to pin-pointedly consider the dispute and would aid in rendering a more satisfactory decision. (P&H HC) Decided on: 24.04.2024

445. Permanent parole – Overstay in earlier parole – Effect of – Conviction for life in offence u/s 148, 342, 458, 396, 397, 398 of IPC -- Jail conduct of the petitioner is satisfactory -- Petitioner has served the actual sentence for a period of more than 15 years, therefore, the petitioner is entitled for permanent parole as per Rule 9 -- Overstaying of the petitioner after being released on parole would not fall under Rule 14(c) -- Writ petition (parole) allowed -- Respondents directed to release the petitioner on permanent parole (Rajasthan HC) Decided on: 24.04.2024

446. Implementation of injunction order – Constitution of Arbitration Tribunal -- Measures under Order XXXIX Rule 2A of the CPC for contempt of its orders, penal measures can be taken even after constitution of the Arbitral Tribunal. (Calcutta HC) Decided on: 23.04.2024

447. Service matter – Correction in date of birth – If a particular date of birth is entered in the service register, a change sought cannot be entertained at the fag end of service after accepting the same to be correct during entire service. (P&H HC) Reserved on: 10.04.2024 Decided on: 23.04.2024

448. Cognizance against Post / Non-juridical person – Permissibility of -- Summons in a criminal case to face trial cannot be issued against positions or post as a post is not juridical person – Ld. CJM issued summons against DGM Sail, M/s. RMD Gua Ore Mines more so when such post undisputedly does not even exist -- Taking cognizance by not naming any person who was responsible for the alleged criminal act is certainly not sustainable in law – Criminal proceedings quashed. (Jharkhand HC) Decided on: 22.04.2024

449. Abetment to suicide – Quashing of criminal proceedings – Inherent powers u/s 482 Cr.P.C. -- Uttering words “go and hang yourself” – Whether abetment – No -- Sole accused, husband of the lady with whom the deceased had certain relationship and had blunt out his anger and had uttered words ‘go and hang yourself’ cannot mean that it would become the ingredients of Section 107 of the IPC for it to become an offence u/s 306 of the IPC -- Proceedings pending before the Principal District & Sessions Judge quashed. (Karnataka HC) Reserved on: 05.04.2024 Decided on: 22.04.2024

450. Post Office Savings Bank General Rules, 1981 – Nominee/ survivor of joint account holder in Post office saving schemes – Legal heir’s right -- Rules showed that in case of rival claims on the death of an account-holder, the post office shall discharge its liability by giving amount to the nominee(s) -- Likewise in case of ‘Monthly Income Scheme Account’ on death of a joint account holder, account will be treated single and surviving depositor is permitted to withdraw the access amount beyond the limit prescribed for single depositor -- These Rules do not provide that legal heir(s) is/are not entitled to the amount left by the deceased – Held, a nominee is a temporary custodian appointed by owner until succeeded by legal heirs -- Rights of a nominee are subordinate to those of beneficiaries of the law -- Since, plaintiffs have been declared as class-I legal heirs of deceased, therefore, they are entitled to lay claim over the amount left by the deceased in schemes and the saving account. (P&H HC) Decided on: 22.04.2024