Service Cases ‘ Creamy layer’ HELD Economic criterion cannot be the sole criterion for identifying ‘creamy layer’ – In spite of Section 5(2) of the 2016 Act making it mandatory for identification and exclusion of ‘creamy layer’ to be on the basis of social, economic and other relevant factors, the State of Haryana has sought to determine ‘creamy layer’ from backward classes solely on the basis of economic criterion and has committed a grave error in doing so August 30, 2021August 30, 2021 phlaw
Quashing Quashing of criminal proceedings – Stage of framing of charge – High Court has entered into the appreciation of the evidence and considered whether on the basis of the evidence, the accused is likely to be convicted or not, – HELD it is not a court conducting the trial and/or was not exercising the jurisdiction as an appellate court against the order of conviction or acquittal. August 30, 2021 phlaw
Additional accused Summoning additional accused – HELD As per the settled preposition of law, the powers under Section 319 CrPC can be exercised at any stage before the final conclusion of the trial. – dismissing the application under Section 319 CrPC submitted on behalf of the complainant to summon the private respondents herein as additional accused are unsustainable and deserve to be quashed and set aside and are accordingly quashed and set aside – Appeal allowed. August 30, 2021 phlaw
Murder (IPC) – Sections 302, 120B, 147, 148 and 324 – Murder – HELD In the face of appellant’s such identification by name in the testimony of eye witnesses, it can be safely concluded that the failure to conduct the Test Identification Parade (TIP) for the appellant will not vitiate his conviction – Conviction of the appellant u/S 302, 120B, 147, 148 and Section 324 of the Indian Penal Code was upheld – Appeal dismissed. August 30, 2021August 30, 2021 phlaw
Consumer Cases Consumer Protection Act, 1986 – Section 24A – Insurance Act, 1938 – Section 64- UM(c) – Fire Insurance Claim – Surveyor report – HELD the reliance placed on the surveyor’s report by the NCDRC without giving credence to the investigation report in the facts and circumstances of the instant case cannot be faulted – Accordingly, the amount as ordered by the NCDRC shall be payable with interest at 9% per annum instead of 12% per annum – Appeal allowed in part. August 28, 2021 phlaw
Constitution of India Murder Case Against Gurmeet Singh: Punjab & Haryana High Court Restrains CBI Court From Pronouncing Verdict On August 26 August 24, 2021 phlaw
Constitution of India Allowing the Habeas Corpus petition filed by the wife of former Punjab DGP Sumedh Singh Saini, the Punjab & Haryana High Court, on Thursday night, ordered his release from the custody of the state Vigilance Bureau calling his arrest ‘patently illegal’. August 23, 2021 phlaw
Haryana Rent Act Rented land – Use of land as club for a pavilion is in interest of section of public – Eviction petition – Maintainability – – Therefore, use of land as club for a pavilion is in interest of section of the public – Thus, land let out to a club which for the purpose of construction and use of pavilion falls within the scope of Section 2(f) of the Act and thus eviction petition is maintainable under the Act – Appeal allowed. August 22, 2021 phlaw
Transfer of Property Act Redemption of Mortgage – Decree of foreclosure passed in the suit filed by the mortgagee will not extinguish the right of the mortgagor to redeem land in view of the fact that he was not impleaded as a party in the suit though he has purchased part of the mortgaged property by virtue of registered sale deed. August 22, 2021 phlaw
Will Will – Forgery of thumb impressions is nearly impossible – Therefore, adverse conclusion should not be drawn for affixing thumb impression instead of signing documents of property transaction – Genuineness of Cancellation deed cannot be doubted August 22, 2021 phlaw
