July 2018

East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, S.42–Revision–Non providing of passage-Application filed after 40 years of consolidation- Application was allowed without considering the explanation- Matter remanded.

By | July 9th, 2018|Categories: Revenue Cases|

Shamlat Deh—Repartition of—Director Land Records is obligated to determine whether the subject land could be partitioned amongst the proprietors and if so, whether the previous orders partitioning the subject land were valid and passed in accordance with law.

By | July 9th, 2018|Categories: Shamilat Deh|

Punjab Village Common Lands (Regulation) Act, 1961, S.11–Suit for Declaration-­Damages for demolition-Petitioner to firstly file a petition under Section 11 of the 1961 Act and get a declaration that the land where the construction was raised does not vest in Gram Panchayat or any other public authority-As soon as such a declaration is granted, the petitioner shall be at liberty to claim damages before the appropriate forum

By | July 9th, 2018|Categories: Punjab Village Common Lands|

V IMP::: Motor Vehicles Act, 1988, S.166-Accident–Disability @ 100%-lnjured suffered disability of right leg only 25%—Injured was agriculturist become unfit for agriculture thus his functional disability is 100% although permanent disability as only 15%–Compensation awarded accordingly.    

By | July 7th, 2018|Categories: Disability|

Accident–Multiplier—Appellant suffered 65% disability—He was a student therefore his annual income has to be assessed as Rs. 15.000/- p.a.–Multiplier of ’16’ has to be applied since the appellant was about 16 years of age on the date of the accident

By | July 7th, 2018|Categories: Multiplier|

Accident—Multiplier—Variation in age of deceased as mentioned in various documents on record—Age which would be more beneficial to the heirs of the deceased should be taken as the M.V. Act, 1988 has been enacted as a beneficial piece of legislation for the welfare of third parties involved in accident.

By | July 7th, 2018|Categories: Multiplier|

Motor Vehicles Act, 1988, S.166–Accident–Liability to Pay–License–Owner of the offending vehicle has not cared to step into the witness box to make a statement that he had employed driver after examining his driving license-Renewal was after date of accident-License held to be invalid-Liability held to be of owner.

By | July 7th, 2018|Categories: Driving License|

Motor Vehicles Act, 1888, S.183-A—Accident-Multiplier—Appellant suffered 65% disability-He was a student therefore his annual income has to be assessed as Rs. 15,000 – p.a.–Multiplier of ’16’ has to be applied since the appellant was about 16 years of age on the date of the accident

By | July 2nd, 2018|Categories: Multiplier|

Village Common Lands—Declaration of Title—Subject land was under the ownership of Gram Panchayat and was under the cultivating possession of tenant—Till the time the land is actually put to use for a common purpose, even if it Is cultivated by a tenant on Will, such tenant cannot does not acquire ownership rights.

By | July 2nd, 2018|Categories: Punjab Village Common Lands|

Transfer of Property Act, 1881, S.41-Bona Fide Purchaser—Provision under Section 41 of the Transfer of Property Act is in the nature of an exception to the rule that a person cannot confer better title than he has—The said provision provides that a transfer shall not be voidable on the ground that the transferor was not authorized to make it where with the consent express or implied of the real owner, the transferor is the ostensible owner of such property and transfers the same for consideration

By | July 2nd, 2018|Categories: Transfer of Property Act|

Punjab Police Rules, 1934, Rule 9.18 & Rule 16.2-Dismissal-CompuIsory Retirement–Conversion of Punishment-Punishment of dismissal converted into compulsory retirement keeping in view 16 years of service of petitioner-Impugned order set aside

By | July 2nd, 2018|Categories: Service Cases|

Service Law—Appointment—New post of Chief Principal Secretary to the Chief Minister —Standing order that powers vested in Principal Secretary to Chief Minister would be exercised by ‘CPSCM’ during absence of Chief Minister-­Sovereign functions of the state cannot be delegated to a person who does not have the mandate of the people—Appointment held to be invalid and is set aside. Service Law—Appointment—Judicial Review—Requirements of Article 14 are attracted in sphere of contractual appointments as well. Service Law—Appointment—Judicial Review—While examining the validity of appointment of a person to a high official position in the State hierarchy, High Court is competent to consider whether a writ ‘in the nature’of quo-warranto needs to be issued.

By | July 1st, 2018|Categories: Service Cases|

Accident—Insurance– Passenger travelling in a private passenger car and pillion rider on two wheeler is entitled to compensation in case of injury or death arising out of accident involving no other vehicle. Accident—Insurance—Concept of Gratuitous passengers is not applicable to private passenger of a car/two wheeler. Accident—Insurance–IRDA can not issue any direction which makes the prescribed Compulsory Insurance an optional Insurance by giving option to the owner whether to purchase it or not by paying extra premium.

By | July 1st, 2018|Categories: Gratuitous Passenger|

June 2018

Revenue Law—Jurisdiction of Civil Court—Once agricultural land loses its basic character and has been converted into authorized/unauthorized colonies, the bar on jurisdiction of civil courts would not be attracted.

By | June 30th, 2018|Categories: Jurisdiction - Civil Court|

Motor Vehicles Act, 1988, S.166–Accident–Negligence–the fact that the bus had turned turtle, goes to show that It was being driven at a high speed—There is no infirmity in the finding that both the drivers were at fault and It is of contributory negligence—Liability apportioned as 50:50   

By | June 18th, 2018|Categories: Negligence|

Writ Petition—Locus Standi—Rights under Article 226 of Constitution can be enforced only by an aggrieved person—However, in exceptional circumstances, court can grant the permission to third party to espouse the cause of real aggrieved person(s).

By | June 18th, 2018|Categories: Constitution of India|

Civil Procedure Code, 1908, O.8 R.6-A–Counter Claim—Counter claim against a co-defendant is not maintainable—Counter claim can be filed against the claim of the plaintiff and it can be filed regarding a cause of action accruing to defendant against the plaintiff

By | June 18th, 2018|Categories: Counter Claim|

False Statements—Injunction secured by giving false statement duly supported by affidavit—Show cause  u/s 193, 196, 200 and 209 IPC. Package Deal Properties—Auction Sale—Directions issued that after finalization of the auction proceedings, the auction purchaser is put into possession on the spot and revenue entries are duly updated as per law,

By | June 13th, 2018|Categories: Injunction|

Rape—Perjury—Prosecutrix had given false evidence and had also turned hostile—High Court proceeded for offence of perjury against all material witness including prosecutrix who turned hostile.

By | June 13th, 2018|Categories: Perjury|