Complainant's First Appeal Against Acquittal in Section 138 NI Act Case Now Lies Before Sessions Court, Not the High Court: Punjab and Haryana High Court
The Punjab and Haryana High Court held that a complainant's first appeal against acquittal under Section 138 of the Negotiable Instruments Act now lies before the Court of Sessions under Section 372 CrPC (now Section 413 BNSS), rather than requiring leave to appeal before the High Court, and remitted the matter accordingly.
High Court Has Power to Prescribe Minimum Marks for Additional District Judge Recruitment Under Article 233 of the Constitution: Punjab and Haryana High Court
The Punjab and Haryana High Court dismissed a writ petition challenging the minimum marks qualification prescribed under Clause 8.4 of the ADJ recruitment rules, holding that the High Court has the power to prescribe such criteria under Article 233 of the Constitution.
Family Pension Denied for Failure to Complete One Year Continuous Service Under Rule 6.17 of the Punjab Civil Services Rules: Punjab and Haryana High Court
The Punjab and Haryana High Court dismissed a petition seeking family pension where the deceased employee had served only 43 days before suspension and absence. The Court held that pension entitlements are statutory rights requiring compliance with prescribed service conditions, not discretionary grants or bounties.
Magistrate Cannot Order Further Investigation Merely on Complainant's Dissatisfaction with Cancellation Report: Punjab and Haryana High Court Sets Aside Order Under Section 482 CrPC
The Punjab and Haryana High Court clarifies that a Magistrate cannot order further investigation merely because a complainant is dissatisfied with a police cancellation report. The Court's own satisfaction remains the proper legal standard for such orders.
No Entitlement to Salary of Higher Post During Current Duty Charge When Employee Was Not Eligible for Promotion: Punjab and Haryana High Court Allows LPA of Punjab Mandi Board
The Punjab and Haryana High Court reverses a Single Bench decision awarding salary benefits for current duty charge period, holding that employees must possess actual eligibility for promotion to claim equivalent pay, and that a rational legal basis for denying such benefits precludes judicial intervention.
NCLT Chandigarh Allows First Motion for Demerger of FreeCharge Payment Technologies Under Sections 230 to 232 of the Companies Act with RBI Conditions
The NCLT Chandigarh allowed the first motion petition for demerger of FreeCharge Payment Technologies Pvt Ltd (an Axis Bank subsidiary) into FreeCharge Business and Technology Services Ltd, dispensing with meetings of shareholders and creditors and imposing RBI-mandated conditions.
NCLT Chandigarh Approves Cross-Border Merger of Mauritius Companies with Indian Company Under Section 234 of the Companies Act Read with FEMA Regulations
The NCLT Chandigarh approved a cross-border amalgamation scheme between Mauritian companies FIM Holdco I Limited and Ariston Investments Sub A Limited with Indian company One World Center Private Limited. The judgment demonstrates how procedural defects in merger applications can be cured through subsequent motions and the regulatory approvals required for inbound cross-border mergers under Section 234 of the Companies Act.
Withdrawal of Industrial Plot Allotment Advertisement by PSIEC Does Not Create Vested Right in Applicants: Punjab and Haryana High Court
The Punjab and Haryana High Court dismissed a batch of 13 writ petitions challenging PSIEC's withdrawal of an industrial plot allotment advertisement at Phase 8-B, Mohali, holding that mere submission of an application does not create a vested right to allotment.