Appeal Against Acquittal in Section 138 Negotiable Instruments Act Complaint Remanded for Fresh Trial on Evidence of Dishonest Intent
High Court remands cheque dishonour case for fresh trial after finding trial court failed to properly evaluate evidence of dishonest intent despite acquittal, emphasizing rigorous application of legal principles in NI Act cases.
Criminal Complaint Against Serving Police Officer Quashed for Want of Sanction Under Section 197 Cr.P.C.
The Punjab and Haryana High Court quashed a criminal complaint filed against a serving Sub-Inspector of Haryana Police, holding that prior sanction of the State Government under Section 197 Cr.P.C. had not been obtained before filing the complaint or taking cognizance.
Writ Petitions by Banks and Insurance Companies Challenging SLGC Orders Under Pradhan Mantri Fasal Bima Yojana Dismissed; Minor Discrepancies Cannot Absolve Liability
Punjab and Haryana High Court dismissed 12 writ petitions by banks and insurance companies challenging SLGC orders under PMFBY, holding that minor discrepancies cannot absolve liability and hyper-technical approaches cannot deprive farmers of statutory benefits.
Summoning Opposite Party as One's Own Witness Is a Deplorable Practice and Cannot Be Permitted Under Order 16 CPC: Punjab and Haryana High Court
Punjab and Haryana High Court deprecated the practice of summoning the opposite party as one's own witness, calling it deplorable and an abuse of court's process. The revision petition was allowed and the summoning order was set aside.
Plaint Rejected Under Order 7 Rule 11 CPC for Lack of Territorial Jurisdiction and Bar Under Section 41(h) Specific Relief Act
Civil court rejects plaint seeking injunction against bank auction on dual grounds of lack of territorial jurisdiction and statutory bar under Section 41(h) SRA, illustrating interplay between procedural and substantive limitations.
Interest Cannot Be Imposed on Advance Sales Tax Without Wilful Default: Punjab and Haryana High Court Quashes Notice Under Section 25(5) of the Haryana General Sales Tax Act in Escorts Limited
The Punjab and Haryana High Court quashes a notice demanding interest on excess sales tax payment, holding that interest and penalties cannot be imposed absent deliberate defiance of law or tax evasion, especially where the taxpayer acted on the assessing authority's own instructions.
Liquidator Cannot Unilaterally Impose Forfeiture Conditions Beyond the Letter of Intent in E-Auction Under Section 60(5) IBC; Excess Amount Beyond EMD Ordered Refunded: NCLT Chandigarh
NCLT Chandigarh held that the liquidator cannot unilaterally impose forfeiture conditions beyond what is stipulated in the Letter of Intent during e-auction of insolvency assets. Amount paid beyond EMD was ordered to be refunded.
Motor Accident Compensation Enhanced by Rs. 31,66,500 After Correcting Multiplier and Adding Future Prospects and Filial Consortium
Punjab and Haryana High Court enhanced motor accident compensation by Rs. 31,66,500 after correcting multiplier from 9 to 12, adding future prospects of 15%, and awarding filial consortium of Rs. 40,000 each to two sons.