Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 S 3-Parole- Hardcore Prisoner-Petitioner did not fulfill the conditions for release on parole-­

  2017(2) Law Herald (P&H) 1095 (DB) : 2017 LawHerald.Org 866 INTHE HIGH COURT OF PUNJAB AND HARYANA [DIVISION BENCH] Before The Hon’ble Mr. Justice S.S. Saron The Hon’ble Mr. Justice Darshan Singh CRWPNo. 154 of 201 7 Parveen v. State of Haryana & Anr. Decided on 14/02/2017 For the Petitioner:             Mr. M. S. Rana, Advocate. For the State:                 Mr. Randhir Singh, Addl. AG, Haryana. Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 S 3-Parole- Hardcore Prisoner-Petitioner did not fulfill the conditions for release on Read Judgement

SARFAESI—Release of title deed—Principle of subrogation does not apply in loan cases.

2017(2) Law Herald (P&H) 1093 (DB) : 2017 LawHerald.Org 865 IN THE HIGH COURT OF PUNJAB AND HARYANA [DIVISION BENCH] Before The Hon’ble Mr. Justice Ajay Kumar Mittal The Hon’ble Mr. Justice Ramendra Jain Civil Writ Petition No. 27465 of 2015 Bawa Kiranjit Singh & Anr v. Authorised Officer of Canara Bank, Main Branch 3, the Mall Kapurthala & Ors. Decided on 09/02/2017 For the Petitioners:                            Mr. Rajat Gautam, Advocate. For the Respondents 1 and 2:                  Mr. Arvind Rajotia Advocate. For the Respondent No.3:                      Mr. Read Judgement

Education Law-M.D Examination-Procedure adopted by the university of asking for 40% marks in each paper on the basis of the letter of the MCI, which do not form part of the regulation, is totally erroneous and illegal

2017(2) Law Herald (P&H) 1085 : 2017 LawHerald.Org 859 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice Rakesh Kumar Jain CWP No. 18429 of 2016 (O&M)  Dr. Raj Bahadur Singh & Ors. v. Medical Council of India & Ors. Decided on 15/03/2017 For the Petitioners (CWP No. 18429 of 2016):                       Mr. Gurminder Singh, Senior Advocate, with Mr. R.P.S. Bara, Advocate. For the Petitioners (CWP No.21080 of 2016):                        Mr. Ramandeep Singh, Advocate, for Mr. H.S.Dhindsa, Advocate. Ms. Lavanya Paul, AAG, Punjab. Read Judgement

SARFAESI—Territorial Jurisdiction—Properties located in different states–Petitioners are entitled to file an application under Section 17(1) before any one of the DRT within whose jurisdiction any one of the secured assets is located.

2017(2) Law Herald (P&H) 1080 : 2017 LawHerald.Org 858 IN THE HIGH COURT OF PUNJAB AND HARYANA Before  The Hon’ble Mr. Justice Rakesh Kumar Jain CWP No.15874 of 2015 (O&M) M/s HRA Paper Mills Pvt. Ltd. & Anr. v. Authorized Officer, State Bank of India & Anr. Decided on 15/03/2017 For the Petitioners:                        Ms. Jyoti Sarin, Advocate. For the Respondents No.1 to 4:      Mr. Rakesh Gupta, Advocate. SARFAESI—Territorial Jurisdiction—Properties located in different states–Petitioners are entitled to file an application under Section 17(1) before any one Read Judgement

East Punjab Urban Rent Restriction Act, 1949, S.13-B–Eviction–NRI Landlord-Leave to defend-Tenant challenging the ownership, as such, on the ground that the property was shown in the name of the Provincial Government and the revenue record

2017(2) Law Herald (P&H) 1078 : 2017 LawHerald.Org 857 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice G.S. Sandhawalia CRNo.1304of2013(O&M) Darshan Lal v. Maikiat Singh & Ors. Decided on 22/03/2017 For the Petitioner:             Mr.Sanjeev K.Virk, Advocate. For the Respondents:      Mr.Divanshu Jain, Advocate. East Punjab Urban Rent Restriction Act, 1949, S.13-B–Eviction–NRI Landlord-Leave to defend-Tenant challenging the ownership, as such, on the ground that the property was shown in the name of the Provincial Government and the revenue record—Details of the khasra Read Judgement

Maintenance—Enhancement of—Modifying the order passed by the JM1C, would imply that the enhanced maintenance would be payable from the date of order passed.

2017(2) Law Herald (P&H) 1077 : 2017 LawHerald.Org 856 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mrs. Justice Rekha Mittal CRMNo.M-10359 of 2017 Raj Singh v. Amita & Anr. Decided on 28/03/2017 For the Petitioner:             Mr. Vikram Singh, Advocate. Maintenance—Enhancement of—Modifying the order passed by the JM1C, would imply that the enhanced maintenance would be payable from the date of order passed. Criminal Procedure Code, 1973, S.125 & S.127–Maintenance–Enhancement of–The very fact that the Court has allowed enhancement of maintenance while Read Judgement

Narcotic Drugs and Psychotropic Substances Act, 1985, S.15–Anticipatory Bail- NDPS- Commercial Quantity-Proclaimed Offender

2017(2) Law Herald (P&H) 1075 : 2017 LawHerald.Org 855 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice A.B. Chaudhari CRM-M-10286 of 2017 Thakur Ram v. State of Punjab Decided on 28/03/2017 For the Petitioner:             Mr. J.S. Sandhu, Advocate. Narcotic Drugs and Psychotropic Substances Act, 1985, S.15–Anticipatory Bail- NDPS- Commercial Quantity-Proclaimed Offender-Petitioner is third accused though not mentioned in FIR, who eventually is the owner of the truck in which contraband was being transported-Held, even though petitioner was declared proclaimed offender Read Judgement

Accident—Pre mature release of compensation—There is no such guide line that in every case an adult member is entitled to withdraw the FDR.

2017(2) Law Herald (P&H) 1072 : 2017 LawHerald.Org 854 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mrs. Justice Daya Chaudhary C.R. No. 7451 of 2016 (O&M) Smt. Mindro & Ors. v. Krishan Kumar & Ors. Decided on 4/03/2017 For the Petitioners:         Mr. Vaibhav Sehgal, Advocate. Accident—Pre mature release of compensation—There is no such guide line that in every case an adult member is entitled to withdraw the FDR. Motor Vehicles Act, 1988, S.166–Accident–Pre mature release of compensation– In case the amount Read Judgement

East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction—Amendment of Pleadings-Due diligence

2017(2) Law Herald (P&H) 1068 : 2017 LawHerald.Org 853 INTHEHIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice G.S. Sandhawalia C.R. No.4577of2016 (0& M) Gobind Gupta v. Ritu Chopra Decided on 15/03/2017 For the Petitioner:             Ms. Parminder Kaur, Advocate. For the Respondent:       Mr. Hitesh Pandit, Advocate, Mr. Vaibhav Sehgal, Advocate. East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction—Amendment of Pleadings-Due diligence–By way of amendment tenant attempted to incorporate the additional pleading wriggling the admission of the relationship of the landlord tenant interse the Read Judgement

Closing of Evidence—The court should normally pass the order of lesser gravity before passing the order of closing of evidence.

2017(2) Law Herald (P&H) 1065 : 2017 LawHerald.Org 852 IN THE HIGH COURTQF PUNJAB AND HARYANA Before The Hon’ble Mrs. Justice Daya Chaudhary C.R. No. 2017 of 2017 Renu Bakshi v. Prem Parkash Sharma & Ors. Decided on 20/03/2017 For the Petitioner:             Mr. OS Batalvi, Advocate. Closing of Evidence—The court should normally pass the order of lesser gravity before passing the order of closing of evidence. Closing of Evidence—Application for summoning of official witness should not be disallowed merely on the ground that party has Read Judgement

East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction—Impleadment of Necessary Party-Subsequent Purchasers-

2017(2) Law Herald (P&H) 1063 : 2017 LawHerald.Org 864 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr.Justice G.S. Sandhawalia Civil Revision No. 1979 of 2017 (O&M) M/s Ganga Colour Lab & Anr. v. Janak Rani & Ors. Decided on 23/03/2017 For the Petitioners:         Mr. Sunish Bindlish, Advocate. East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction—Impleadment of Necessary Party-Subsequent Purchasers-There is no vested right as such of the tenant to agitate that on account of the sale, the purchasers would have no Read Judgement

Civil Procedure Code, 1908, O.9 R.9–Restoration of Suit-Earlier two applications filed for restoration were dismissed due to non appearance

2017(2) Law Herald (P&H) 1062 : 2017 LawHerald.Org 851 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr.Justice G.S. Sandhawalia FAQ No. 1967 of 2017 (O&M) Chandigarh Industrial & Tourism Development Corporation Ltd. v. Jakson Engineers Ltd & Anr. Decided on 24/03/2017 For the Appellant:             Mr. Vishal Gupta, Advocate. Civil Procedure Code, 1908, O.9 R.9–Restoration of Suit-Earlier two applications filed for restoration were dismissed due to non appearance—Present third application filed after summons were issued for execution proceedings—No sufficient cause shown for Read Judgement

Land Acquisition Act, 1894, S.18–Deduction–Sale instances-Acquired land was merely 1 biswa i.e. 50 square yards, therefore, it could only be used for a purpose other than the agriculture

2017(2) Law Herald (P&H) 1059 : 2017 LawHerald.Org 850 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Just ice Arun Palli Cross Objection-19-CI-2005 in/& RFA No. 1946 of 2003 (O&M) State of Haryana through Collector, Panchkula v. Diwan Chand & Ors. Decided on 22/03/2017 For the Appellant(s):                            Mr. Shivendra Swaroop, AAG, Haryana For the Cross-Objectors/Respondents:   Mr. R.S.Longia, Advocate. Land Acquisition Act, 1894, S.18–Deduction–Sale instances-Acquired land was merely 1 biswa i.e. 50 square yards, therefore, it could only be used for a Read Judgement

East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Amendment of pleading-Plea of personal necessity of sons allowed to be incorporated

      2017(2) Law Herald (P&H) 1057 : 2017 LawHerald.Org 848 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mrs. Justice Daya Chaudhary C.R. No. 1936 of2017(O&M) VK Jain&Anr. v. Naresh Kumar Juneja & Anr. Decided on 17/03/2017 For the Petitioner:             Mr. Adarsh Jain, Advocate. (A)  East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Amendment of pleading-Plea of personal necessity of sons allowed to be incorporated on basis of additional facts after 5 years of filing of petition-There is no bar that the landlord Read Judgement

East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Religious Institution-­Provision under Act of 1997 are for the benefit of the institutions

2017(2) Law Herald (P&H) 1054 : 2017 LawHerald.Org 847 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice G.S.Sandhawalia C.R.No. 1884 of 2017 Baldev Singh v Shree Sanatan Dharam Sabha & Anr. Decided on 22/03/2017 For the Petitioner:             Mr. H.S. Jalal, Advocate. East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Religious Institution-­Provision under Act of 1997 are for the benefit of the institutions and if the landlord choose to forfeit his right and treats the tenant as a statutory tenant, the jurisdiction Read Judgement

Typographical Error—Clerical mistake can be corrected by the Court even after passing of judgment and decree—It can be corrected even during pendency of the appeal—The stage of the proceedings is not relevant.

2017(2) Law Herald (P&H) 1051 : 2017 LawHerald.Org 846 IN THE HIGH COURTQF PUNJAB AND HARYANA Before The Hon’ble Mrs. Justice Daya Chaudhary C.R.No.1873of2017 Gurpal Singh v. Kamaljit Kaur & Anr. Decided on 16/03/2017 For the Petitioner:             Mr. Onkar Rai, Advocate. Typographical Error—Clerical mistake can be corrected by the Court even after passing of judgment and decree—It can be corrected even during pendency of the appeal—The stage of the proceedings is not relevant. Civil Procedure Code, 1908, O.6 R.17 and S.151–Amendment of Pleadings-­ Correction of Read Judgement

East Punjab Urban Rent Restriction Act, 1949, S.13-B–Eviction–NRI Landlord-Leave to defend—Stay of operation

2017(2) Law Herald (P&H) 1045 : 2017 LawHerald.Org 845 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice G.S. Sandhawalia Civil Revision No. 1845 of 2015 (O&M) Shashi Sharma v. Vimmi Decided on 22/03/2017 For the Petitioner:             Mr. Rahul Sharma-l, Advocate. For the Respondent:       Mr. Prateek Pandit, Advocate. East Punjab Urban Rent Restriction Act, 1949, S.13-B–Eviction–NRI Landlord-Leave to defend—Stay of operation—Held; keeping in view the fact that there is no reference as such to a three Judges Bench of the Apex Read Judgement

Haryana Urban (Control of Rent & Eviction) Act, 1973, S.15—Eviction-Warrants of possession—There was an issue regarding the factum whether the tenant was in possession or not

2017(2) Law Herald (P&H) 1043 : 2017 LawHerald.Org 844 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice G.S. Sandhawalia CR No.1720 of 2017 (O&M) Ravi Shankar v. Satpal Decided on 23/03/2017 For the Petitioner:             Mr. Akshay Kumar Goel, Advocate. Haryana Urban (Control of Rent & Eviction) Act, 1973, S.15—Eviction-Warrants of possession—There was an issue regarding the factum whether the tenant was in possession or not—Therefore, Rent Controller has rightly declined to execute the warrants of possession of sub tenant, who Read Judgement

Eviction—Bona fide need—Appellant, son of landlord being a partner in a firm on a subsequent date would not as such debar the landlord for seeking the relief.

2017(2) Law Herald (P&H) 1037 : 2017 LawHerald.Org 843 IN THE HIGH COURT OF PUN JAB AND HARYANA Before The Hon’ble Mr. Justice G.S. Sandhawalia C.R. No. 1630 of 2017 (O&M) Arun Kumar v. Gurcharan Singh Decided on 24/03/2017 For the Petitioner:                         Mr. Sandeep Arora, Advocate. For the Caveator-Respondent:         Mr. Amit Babbar, Advocate. Eviction—Bona fide need—Appellant, son of landlord being a partner in a firm on a subsequent date would not as such debar the landlord for seeking the relief. East Punjab Urban Rent Restriction Read Judgement

East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–NRI landlord-Leave to defend-Landlord had fulfilled all requirement of personal necessity

2017(2) Law Herald (P&H) 1034 : 2017 LawHerald.Org 842 IN THE HIGH COURT OF PUNJAB AND HARYANA Before The Hon’ble Mr. Justice G.S. Sandhawalia CRNo.1383of2015(0&M) Mintu @ Montu v. Rakesh Chadha Decided on 22/03/2017 For the Petitioner:             Mr. Rajiv Joshi, Advocate for Mr.R.D.Rattewal, Advocate, For the Respondent:       Mr. Malkeet Singh, Advocate. East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–NRI landlord-Leave to defend-Landlord had fulfilled all requirement of personal necessity-Tenant had contended that he had taken premises from Municipal Corporation on lease long back but no Read Judgement