51. Will – Ignoring natural heirs – Effect of -- While deciding validity of Will, Courts cannot ignore fact that Will is generally executed by testator either to distribute his properties fairly or to disturb natural succession and make provisions of succession of his estate according to his wishes -- Merely, because natural heirs have been ignored from succession by itself is no ground to conclude the Will to be doubtful. (P&H HC) Reserved on: 08.08.2025 Decided on: 11.09.2025

52. Cheating and forgery – Anticipatory bail – Appellant has joined the investigation and all forged deeds have been seized -- Court considered that custodial interrogation of the appellant is not necessary and that there is sufficient ground for the appellant to be admitted to an order for grant of bail in anticipation of arrest – Bail allowed. (SC) Decided on: 10.09.2025

53. Corruption case – Regular bail -- Investigation culminated in a police report (charge-sheet) filed u/s 7 of the PC Act -- However, investigation qua the role of the appellant is pending – Earlier Interim bail granted made confirmed -- Appellant shall continue to remain on bail on such terms and conditions as have been or may be fixed by the trial court. (SC) Decided on: 10.09.2025

54. Cheating -- In order to attract the offence of cheating, a person must knowingly make a false statement which would induce another to part with property or to do or omit to do a thing which the latter would not do or omit unless deceived and thereby is likely to suffer damage/harm in body, mind, reputation or property -- Intention is the gist of the offence. (SC) Decided on: 10.09.2025

55. Suspension of sentence – Appeal pending -- Three years’ rigorous imprisonment along with fine u/s 147, 148, 323, 325, 354 149 IPC and Section 8 of POCSO Act – Despite sincere endeavour, the High Court has not been able to decide the appeal finally -- Right to appeal is a statutory right – Appellants are in custody -- Hearing of the appeal carried by the appellants does not seem to be imminent -- It could amount to a miscarriage of justice if the appellants were made to serve out such term without the appeal being heard -- Sentence suspended, appellants ordered to be released on bail. (SC) Decided on: 10.09.2025

56. Registration of FIR – Cognizable offence -- Since, it is the duty of the police to register an FIR if a prima facie cognizable offence is made out, the police is not required to go into the genuineness and credibility of the said information. (SC) Decided on: 10.09.2025

57. Pronote -- Forged and fabricated – Expert examination -- Defendant has taken twin stand that stamp paper as well as receipt stamp are forged one and had not been issued since 2009 and their use in year 2016 goes to prove that pronote is false and fabricated -- Petitioner has also disputed his signatures over agreement -- At the stage of collection of evidence, finding given by the learned trial Court that age of stamp paper and receipt stamp is of no consequence cannot be accepted – Entire evidence as desired by defendant be allowed at this stage and its effect shall be taken in consideration at the time of passing of final judgement. (P&H HC) Decided on: 10.09.2025

58. Abetment of suicide – Acquittal -- Evidence on record to show that over a period of few months the neighbours were at loggerheads -- While the victim felt that her tuition classes were being disturbed, the appellant’s family have also had a grievance about the victim and her family scolding the children of the appellant’s household -- Not only were there heated exchanges, but physical blows were also alleged to have been administered by the appellant’s party -- Appellant stands acquitted for the offence punishable u/s 323, 504, 506 – Quarrels occur in everyday life, and on facts Court not able to conclude that there was an instigation on the part of the appellant to such an extent that the victim was left with no other option but to commit suicide -- Appellant acquitted for offence u/s 306 IPC. (SC) Decided on: 09.09.2025

59. Mere reason of the manure and waste having been found in the property, cannot lead to a finding of possession. (SC) Decided on: 09.09.2025

60. Compensation in motor vehicle accident case -- Deceased had a diploma in Pharmacy -- Accident took place on 25.07.2010 – Deceased found to be in a partnership of pharmaceutical distributorship and associated with a Cooperative Bank -- Deceased was also running a medical shop, though prior to the date of the accident the licence stood cancelled – Monthly income assumed at Rs.12,000/- to look after the family of five comprising of himself, his wife, minor daughter and two parents -- Multiplier applied of 14 and the 25% future prospects as deceased having been 43 years old and not in a regular employment is perfectly in order -- 1/4th deduction made also is correct since his family consisted of 4 dependants -- Rs.20,80,000/- assed as compensation with 6 % interest from the date of application. (SC) Decided on: 09.09.2025

61. Consumer complaint – Medical negligence -- Finding contrary to pleadings – sustainability of -- Specific claim of in Complaint Case was that there was medical negligence on the part of Doctor and the nursing home in the post-delivery treatment only, as sufficient facilities were not available in the nursing home to deal with post-delivery emergencies, and Doctor failed to take adequate care and caution after the delivery to save the life of the patient -- He made no allegations whatsoever to the effect that the antenatal care and management in any manner -- Entire focus of the NCDRC, was only upon the antenatal care and management of the patient and its pinpointed findings were also in relation to the said period and treatment only – Held, CDRC transgressed its jurisdiction in building a new case for the complainants, contrary to their pleadings -- However, its finding that there was no negligence in the delivery and the post-delivery treatment have attained finality as no separate appeal was preferred by the complainants – Appeal allowed, complaint stand dismissed. (SC) Decided on: 09.09.2025

62. Appointment of Lambardar -- Authorities are better suited to know which candidate is a right candidate to be appointed as Lambardar -- Unless and until, any disqualification is pointed out towards the selected candidate, the interference should be minimum -- Interference is only warranted when the process involves manifest illegality, gross arbitrariness or violation of the principles of natural justice. (P&H HC) Decided on: 09.09.2025

63. Disciplinary proceedings -- Writ jurisdiction -- High Court is well within its domain to examine whether the disciplinary proceedings suffer from patent illegality, perversity, or violation of constitutional and statutory safeguards, and whether the punishment imposed is disproportionate to the nature of the misconduct. (P&H HC) Reserved on: 04.09.2025 Decided on: 08.09.2025

64. Juvenile – Determination of age -- Delayed application – School leaving certificate -- Entire case of the petitioner claiming to be a minor is based on a School Leaving Certificate making him out to be a juvenile on the date when the FIR was registered -- Other than the said document, there is nothing on record to establish his date of birth as 05.05.2000 -- Neither his birth certificate nor the record of the Chowkidar or Lambardar been brought on record to establish the fact that the date of birth of the petitioner is 05.05.2000 – Petitioner moved his application claiming to be a minor when the case was listed for recording of defence evidence -- Delay in raising the plea of juvenility also creates a significant doubt in the claim of the petitioner -- Held, an entry relating to the date of birth made in a school register is relevant only when there is a primary evidence with respect to the date of birth available on the record – Application to declare minor dismissed. (P&H HC) Decided on: 08.09.2025

65. Execution of decree – Appeal pending – Attachment of property – Sale warrant of attached property – Stay of execution -- Sale would defeat the purpose of the petitioner of filing an appeal -- Since the learned Executing Court has already taken the security by warrant of attachment of the property of the petitioner, the application filed by the petitioner under Order 41 Rule 6 CPC deserves to be allowed. (P&H HC) Decided on: 05.09.2025

66. Cheque bounce case -- Compriomise after conviction at revision stage – Acquittal – Complainant and the petitioner have amicably resolved the matter -- Judgment of conviction and order of sentence passed by the learned trial Court, as affirmed by the learned Appellate Court set aside -- Petitioner/ accused acquitted of all the charges framed against him. (P&H HC) Decided on: 05.09.2025

67. NDPS – Regular bail -- Recovery of 8 grams of Heroin and Rs. 600/- cash -- Contraband recovered falls within intermediate quantity -- Applicability of Section 27-A of the NDPS Act is seriously questionable as this provision has been invoked merely on the basis of the disclosure statement of the petitioner himself and the amount recovered is petty which can be found in the possession of a common man -- Petitioner is in custody since 08.06.2025 -- Trial is likely to take sufficiently long time to conclude – Bail allowed. (P&H HC) Decided on: 05.09.2025

68. Compensation in motor vehicle accident case -- Utility Van fell down in gorge -- Package policy issued by the Insurance Company after looking at the certificate of registration and the permit issued and it has been clearly specified that the vehicle is entitled to carry 4+1 passengers in addition to the goods -- Insurance Company cannot wriggle out of its liability to indemnify the owner -- Vehicle having fallen down the gorge, with the passengers as also the pedestrians, one of the claim petitions is of a pedestrian, which is not clearly demarcated for reason of the 5 persons having been extricated at the accident site from and around the vehicle -- No reason to sustain the order of the High Court directing pay and recovery -- Liability is on the Insurance Company and that has to be satisfied fully by the Insurance Company. (SC) Decided on: 04.09.2025

69. Compensation in motor vehicle accident case -- Disability certificate – Proof of -- Medical board’s certificate can be accepted, even without a witness being examined. (SC) Decided on: 04.09.2025

70. Compensation in motor vehicle accident case -- Death almost five months after the date of the accident -- Injuries suffered in the accident were not very serious -- Non-healing ulcer could have been for various causes, especially when the victim was known to be a diabetic, which necessitated the skin grafting procedure -- In the aftermath of the surgery, the patient succumbed to death -- Merely by reason of the proximity of the accident and the death or the possibility of acute myocardial infarction occurring for reason of a long bed rest, it cannot be assumed, without clear evidence to substantiate the death having been caused as a result of the injuries sustained in the accident that the death occurred by reason of the accident – There cannot be found even a preponderance of probability, going by the Doctor’s evidence – High Court has elaborately considered the evidence of PW-1, the plastic surgeon who carried out the surgical procedure and found the death to be not a direct cause of the accident – No reason to interfere. (SC) Decided on: 04.09.2025

71. Offence under SC/ST Act – Anticipatory bail – Bar u/s 18 of SC/ST Act -- Contention of appellant that the word “Khach” means stupid, arrogant person and the words “Katir and Katiran” mean disrespectful person, bad person and group of such persons collected in huge number and the word “Galuck” means greedy and untrustful person and the word “Nasal” is usually used for persons doing misdeeds/ bad activities, not suited for his family members – State also submitted that the impact of aforesaid words can vary, based on the context and region -- No material on record, from which it can be inferred that at the time of uploading the videos on social media, the appellant was in the knowledge of complainant’s caste -- Nothing to prove that these objectionable words were uttered on account of the fact that the complainant belongs to a particular community -- Bar u/s 18 of the SC/ST Act will not be applicable in the case -- Bail allowed. (P&H HC) Decided on: 03.09.2025

72. Compensation in motor vehicle accident case -- Disbursement of compensation – Review of -- Rs.1,00,000/- given to the appellant/ mother, Rs. 6,26,000/- to the daughter in law & Rs. 3,00,000/- to minor -- Appellant received the cheque for Rs. 1,00,000/- which she encashed also without any protest and demur -- It was upon a joint application and with open eyes -- Appellant could not be permitted to resile from her own conduct -- She cannot be accounted to approbate and reprobate -- She acted with open eyes, overtly and consciously -- Appellant cannot reopen or dispute the factums of her own act by showing disagreement to the disbursement raising all after-thought contentions. (SC) Decided on: 03.09.2025

73. Custody of child – Interaction through video conferencing -- Central question is not who is right or wrong as between the parents, but what arrangement will best serve the child -- Emotional, mental, and physical well-being of the child must always come first -- At present, the child is living with his mother in Ireland and seems to be settled there -- It would not be in his interest to disturb that arrangement at this stage – Every child has a right to the affection of both parents -- Even if parents live apart or in different countries, it is important for the child to maintain a relationship with both of them -- Appellant’s request for video interaction is reasonable -- It balances the reality of the child’s present living situation with the need to ensure that the father remains a part of the child’s life – Interaction with son through video-conferencing for two hours on every alternate Sunday from 10.00 AM to 12 noon (Ireland time) allowed. (SC) Decided on: 02.09.2025

74. NDPS – Regular bail -- Petitioner arrayed as an accused on the basis of disclosure statement of co-accused -- 15 grams of ‘Heroin’ was allegedly recovered from co-accused -- Recovered contraband from the co-accused is a non-commercial quantity -- Petitioner has completed incarceration of 01 month and 26 days -- Petitioner is involved in 2 other cases, however, he is not involved in any other case under NDPS Act – Bail allowed. (P&H HC) Decided on: 02.09.2025

75. NDPS -- Commercial quantity – Regular bail – Recovery of firearm and cartridges from petitioner -- Recovery of 300 grams of heroin made from the tool box of the motorcycle which was registered in the name of co-accused ‘KS’ who was riding the motorcycle at the relevant time – State contention that since all the three accused were travelling together, an inference at this stage could be clearly drawn that the petitioner was well aware about the heroin being transported in the tool box of the motorcycle – Petitioner in custody since 31.03.2024 -- None of the 11 prosecution witnesses have been examined – Bail allowed. (P&H HC) Decided on: 02.09.2025

76. Compensation in motor vehicle accident case – Six year old child with 70% permanent disability – Multiplier method applied – Expenses for two attendants with multiplier method -- Appellant has suffered right side hemiparesis leading to 70% disability – Minimum wages for a skilled worker prevalent at the time of the accident in the State of Haryana were Rs.2,620/- per month -- Appellant held entitled to two attendant Rs.11,31,840/- [Rs.2,620 x 2 x 12 x 18 (multiplier)] towards attendant charges – Loss of dependency at 70% [Rs.2,620- 786] Rs.1,834/- + (40% future prospects) = Rs.2568 x 12 x 18 = Rs.5,54,688/- -- Rs.5,00,000/- towards pain and suffering; Rs.50,000/- towards special diet; Rs.3,00,000/- towards loss of amenities of life and loss of marriage prospects – Rs. 65,000/- awarded towards medical expenses -- Total Compensation assessed at Rs.26,51,528/- alongwith 7.5 interest from the date of filing claim petition. (P&H HC) Reserved on: 22.08.2025 Decided on: 02.09.2025

77. NDPS – Regular bail -- Recovery of 1400 intoxicant tablets containing Tramadol and 1200 intoxicant tablets containing Alprazolam from the co-accused of the petitioner – HS was arrested on disclosure statement – On HS disclosure against the petitioner was arrested -- Petitioner has already suffered incarceration for a period of about 04 months & is not shown to be involved in any other FIR(s) -- Further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case – Bail allowed. (P&H HC) Decided on: 02.09.2025

78. Murder -- Regular bail -- Petitioner behind the bars since 19.06.2024 -- Investigation is complete -- Final report u/s 173 Cr.P.C. was presented before the concerned Court -- Charges were framed and trial of the case has not made much progress -- Out of 22 prosecution witnesses, no PW has been examined so far – Culpability, if any, would be determined at the time of trial and as such, no useful purpose will be served by further detention of the petitioner-accused -- Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future, would be violative of his rights under Article 21 of the Constitution of India – Bail allowed. (P&H HC) Decided on: 01.09.2025

79. Released deed – Proof of – Challenge to -- Suit for declaration -- To prove the execution of Release Deed, the defendants had examined the attesting witness as DW1, who had categorically stated that he knew both the parties personally; the Release Deed was written on the instructions of the plaintiff by Deed Writer at Rewari; and that after reading over and explaining the contents of the Release Deed to both the parties, they had affixed their thumb impressions/signatures -- Defendants had further examined Deed Writer as DW5, who had proved the execution of Release Deed; and had deposed that the Release Deed was typed on the instructions of the plaintiff; which was then entered into the register of DW5 Deed Writer at Sr. No. 152 -- Defendants had also examined Handwriting and Fingerprint Expert, who had tendered her report Ex.DW4/B, wherein she gave opinion that thumb impressions marked D2 to D5 on the Release Deed were tallying with the admitted thumb impressions of the plaintiff, Mark S1 to S9 – Release Deed stood proven on record beyond doubt -- Oral statement of the plaintiff that she did not know the meaning of Release Deed or her denial of her thumb impressions on Release Deed, do not hold weightage. (P&H HC) Decided on: 01.09.2025

80. Validity of Will -- In Trial Court’s judgment, Not an iota of discussion about the validity of the Will as contemplated under Section 63 of the Succession Act, 1925 and Section 68 of the Evidence Act, 1872 and yet, the validity of the Will has been upheld -- This is contrary to law -- Even the High Court, while evaluating the validity of the Will, has gone on a different tangent and has erroneously held that the requirement of examining the attesting witnesses springs into action only in cases of disputes between legal heirs. Such an observation is quite contrary to law, for Section 68 of the Evidence Act makes it mandatory to examine at least one of the attesting witnesses of the Will -- Mere fact that the Will was registered will not grant validity to the document (SC) Decided on: 01.09.2025

81. Non-filing of Written Statement within time – Defence struck of -- Petitioners on affidavit stating that written statement was prepared and ready for submission on 15.07.2025 and it could not be submitted because it was to be filed along with receipt of payment of cost of Rs.3,000/- -- Because of the technical glitch in the server, the receipt of deposit of cost was received at 03:00 p.m. on 15.07.2025 and by that time, the impugned order was passed -- Petition allowed, impugned order set aside to the extent of striking off the defence of the petitioners/defendants – Court directed to permit the petitioners/defendants to file written statement on the next date of hearing. (P&H HC) Decided on: 29.08.2025

82. Closing of evidence – Setting aside of -- Petitioner/ landlord filed eviction petition, the delay in the proceedings, if any, would primarily prejudice the petitioner -- Five witnesses of the petitioner have already been examined -- No witness of respondent No.1/ tenant has been examined till date -- One of the witnesses that remains to be examined is the Clerk (Record Keeper) Nagar Council, although the summons issued to him were received back served yet the said witness did not appear and thus, bailable warrants were issued, however, the Court instead of enforcing the attendance of the said witness thereafter, did not proceed to do so – One last effective opportunity granted to complete his entire evidence, at his own responsibility subject Rs.10,000/- as costs. (P&H HC) Decided on: 29.08.2025

83. Supply of electricity -- Terrif – Fixation of – Power of -- A generating company and a distribution licensee cannot, by private agreement, execute a PPA on their own or stipulate tariff therein as per their choice, for supply of electricity within a State, without seeking the review and approval of the Electricity Regulatory Commission under Section 86(1) (b) of the Act of 2003. (SC) Decided on: 29.08.2025

84. Absence from duty – Dismissal of Constable from service -- Absence of the respondent from the duty on various occasions in a short tenure of service of around 7 years, is a gross indiscipline on the part of the respondent – No illegality in the order passed by the disciplinary authority whereby the services of the respondent have been dismissed. (SC) Decided on: 29.08.2025

85. Cruelty – Demand for dowry in any form is itself sufficient for Section 498-A of IPC being attracted – Demand made in any form either by the husband or by the relative of the husband would also attract Section 498-A of IPC – Even if the demand exhibits the conduct that would likely to drive the said woman being unable to bear such conduct would attract Explanation (a) – Likewise, harassing of a married woman with a view to coercing her or her relative to meet any unlawful demand would also fall within the mischief of the expression ‘cruelty’. (SC) Decided on: 29.08.2025

86. Disciplinary proceedings – Constable in CISF -- Appellant was issued an out-pass to enable him to visit the hospital between 10:00 AM to 12:00 noon on that day -- Instead of visiting the hospital, the appellant was found at the residential colony at a distance about 12 kms from his Camp – Appellant admitted that he had visited the residential colony to enquire about the quarters allotted to another constable -- He was confined by the civilians at the residential colony and it was only after the arrival of his superior, he was permitted to go – Appellant had indulged in some unwarranted activity by which the civilians were agitated thereby affecting the reputation of the Force amongst the civilians -- Penalty as modified by the Appellate Authority of reducing his pay-scale by one stage for a period of two years and depriving him of any increment during the period of reduction was found to be commensurate with the wrong committed – Not a fit case to exercise discretion under Article 136 -- Appeal dismissed. (SC) Decided on: 29.08.2025

87. Transfer of petition u/s 12 DV Act petition – Jalandhar to Hoshiarpur -- Generally the Courts take into consideration the convenience of the wife, while considering the transfer application relating to the matrimonial dispute, but however, it is not a thumb rule -- Respondent No.1/ wife residing in the matrimonial house at Hoshiarpur -- Applicant is facing trial in the criminal case, registered at the instance of respondent No.1, in the Courts at Hoshiarpur -- Considering these circumstances, petition transferred from the Jalandhar to Hoshiarpur. (P&H HC) Decided on: 29.08.2025

88. Closing of evidence – Witness not served – Coercive step – Duty of Court -- Once the witnesses have been ordered to be summoned, as per the list furnished by the one of the parties to the lis, then it is incumbent upon the Court concerned to ensure about summoning of the witnesses and if for one reason or other, witnesses are not making appearance, or their service is not effected, then the Court concerned is required to take coercive steps and proceed further. (P&H HC) Decided on: 28.08.2025

89. Interlocutory injunction -- Call has to be taken by the Courts for issuance of interlocutory injunction, at the time, when the existence of legal right is asserted by the plaintiff and there is alleged contest, qua the violation of this legal right and the same, as such remains uncertain, before the Court, till the evidence adduced, is to be appraised by the Court -- The purpose of interim injunction is to mitigate the risk of injustice to a person, knocking the door of the Court, during the interregnum period of resolvement of uncertainty, vis-a-vis, violation of legal right. (P&H HC) Decided on: 27.08.2025

90. Suit against Proprietor -- Rejection of plaint -- Proprietorship concern as party – Mandate of -- A proprietorship concern is not a juristic person -- Proprietorship concern cannot be equated either with a company or with a partnership firm – Order XXX deals with partnership basically, however, Rule 10 thereof refers to proprietorship – It makes very clear that proprietorship concern cannot sue but it can be sued – Whether proprietorship concern is sued in its name or through its proprietor representing the concerned is one of the same thing -- Order XXX Rule 10 CPC does not in any manner debar a suit being filed against the proprietor – Trial Court to proceed in accordance with law to decide the suit on its own merits. (SC) Decided on: 26.08.2025

91. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (54 of 2002), Section 35 -- Provident Fund dues -- Employees’ Provident Fund Organisation (EPFO) -- Bank Charge over property – Priority of -- It would be appropriate that the High Court first deals with the issues raised by Axis Bank that it has first charge and priority over and above the EPFO to satisfy its dues from the secured property in view of Section 35 of the SARFAESI Act -- High Court will examine the priority of first charge amongst the EPFO and the secured creditors i.e. the Axis Bank and other two Banks, namely, State Bank of India and the State Bank of Travancore (now taken over by SBI) in view of Section 11(2) of the PF Act – Matter remanded back. (SC) Decided on: 26.08.2025

92. Compensation in motor vehicle accident case -- Agreement to sell of vehicle by registered owner – Reliance upon – Impleadment of buyer as necessary party – Permissibility of – Submitted that even after the accident, buyer had taken the vehicle on ‘Sapurdari’, thus he is in possession of the ‘offending vehicle’ and is the owner thereof on the basis of the agreement and he ought to have been impleaded as a necessary party by the learned Tribunal – Held, buyer never got the vehicle transferred in his name before the registering/ licensing authority – Since the vehicle continues to stand registered in the name of the petitioner, it cannot be held that buyer has become the registered owner of the said vehicle – Tribunal dismissed the application – No illegality in the order passed by the Tribunal – Revision dismissed. (P&H HC) Decided on: 26.08.2025

93. Validation of photocopy of document – Permissibility of -- Only original document can be validated not a photocopy of the document -- In cases, where parties are allowed to lead secondary evidence even then photocopy cannot be validated. (P&H HC) Decided on: 26.08.2025

94. Non-filing of written statement -- Defence struck off – Discrimination between defendants – Permissibility of -- Defendants no. 1 & 2 not filed written statement despite time granted under Order 8 Rule 1 of the CPC -- Learned Civil Judge without providing any reason or explanation, chose to strike off the defense of the petitioner/ defendant No.1, while simultaneously granting defendant No.2 an additional opportunity to file their written statement – Held, it is blatant discrimination between the two defendants without any justifiable reason -- Such an order is manifestly illegal, and it reflects a grossly improper exercise of jurisdiction by the learned Civil Judge -- Impugned order set aside, revision petition allowed. (P&H HC) Decided on: 26.08.2025

95. Consolidation scheme – Challenge to -- Jurisdiction of Civil Court -- Decision of the Consolidation Authorities was earlier assailed in the Civil Writ Petition -- Findings recorded in Civil Writ Petition were assailed through SLP and that SLP was also declined by Hon’ble Apex Court -- So in case subsequently some fact emerged whereby it was found that the entire facts were not brought before the Court then the correct approach was to approach the Hon’ble Apex Court -- When respondents/ plaintiffs were having efficacious remedy of review before them, the Civil Court cannot be clothed with the jurisdiction -- Filing of this suit is certainly barred in view of the provisions of Section 44 of the Act, 1948 – Application for rejection of plaint allowed. (P&H HC) Reserved on: 21.08.2025 Decided on: 26.08.2025

96. Child abuse – Acquittal -- Appellant/ accused hit child with the school bag belonging to his own son – Held, it would still not be sufficient to hold the appellant guilty for the offence of “child abuse” punishable under Section 8 of the Act of 2003 -- Offence of child abuse necessarily presupposes an intention to cause harm, cruelty, exploitation, or ill-treatment directed towards a child in a manner that exceeds a mere incidental or momentary act during a quarrel -- A simple blow with a school bag, without any evidence of deliberate or sustained maltreatment, does not satisfy the essential ingredients of child abuse -- Medical officer in his cross-examination stated that the possibility of the injuries being caused due to a fall cannot be ruled out – Held, ex-facie the conviction of the appellant for the offences punishable u/s 8 of the Act of 2003 is unsustainable – Appellant acquitted. (SC) Decided on: 26.08.2025

97. Release on probation -- Appeal by complainant – Maintainability of -- A de facto complainant can prefer an appeal against the order passed by the learned Trial Court under Sections 3 and 4 of the Probation of Offenders Act – Learned Appellate Court held that since the proviso to Section 372 of Cr.P.C. did not enable the complainant to file an appeal against the inadequacy of the sentence, therefore, the appeal does not lie u/s 11 of the Probation of Offenders Act – Held, section 11 (2) contains a non obstante clause and will prevail over the provisions of the CrPC -- Therefore, it is impermissible to import the provisions of appeal contained in the CrPC to the Probation of Offenders Act -- Matter remanded to the learned Appellate Court with the direction to rehear the matter on merits. Prithvi Raj’s case (2004) 8 SCC 303 relied. (H.P. HC) Reserved on: 18.8.2025 Decided on: 25.08.2025

98. Decree for specific performance – Extension of time to deposit amount – Whether amounts to modification -- Extension of time for payment does not amount to modification of the decree -- Court does not lose jurisdiction after granting a decree for specific performance, nor does it become functus officio -- Learned Court below ought not to have recorded a finding that, as specific time of two months had been granted for deposit of the balance sale consideration and the application for depositing the said amount was moved at a later stage, the same was liable to be dismissed – Order set aside, one month’s further time granted to the petitioner-plaintiff to deposit the balance sale consideration amount of Rs. 10,000/- in Court. Balbir Singh’s case (2025) Law Today Live Doc. Id. 19829 = 2025 INSC 81 relied. (P&H HC) Decided on: 25.08.2025

99. Delay in Execution – Expedite decision – Direction for -- Revision for issuance of direction to the learned Executing Court to decide the execution petition within a time bound manner period -- Executing Court requested to dispose of the execution petition as expeditiously as possible, preferably within 04 months, as any further delay may cause serious prejudice to the rights of the petitioners-land owners. (P&H HC) Decided on: 25.08.2025

100. Scope of second appeal -- It is a settled proposition of law that in Punjab and Haryana, second appeals preferred are to be treated as appeals under Section 41 of the Punjab Courts Act, 1918 and not under Section 100 CPC. (P&H HC) Reserved on: 20.08.2025 Decided on: 22.08.2025