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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|Revenue Cases|

Comments Off on 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.

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|Shamilat Deh|

Comments Off on 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.

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|Punjab Village Common Lands|

Comments Off on 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

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|Disability|

Comments Off on 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.    

Delimitation of Wards of Municipalities Rules, 1972, Rule 6(B)–Formation of Wards- The Rule specifically says that variation of 10% will be a guideline as far as it is practicable

By | July 7th, 2018|Municipal Laws|

Comments Off on Delimitation of Wards of Municipalities Rules, 1972, Rule 6(B)–Formation of Wards- The Rule specifically says that variation of 10% will be a guideline as far as it is practicable

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|Multiplier|

Comments Off on 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

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|Multiplier|

Comments Off on 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.

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|Driving License|

Comments Off on 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.

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|Multiplier|

Comments Off on 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

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|Punjab Village Common Lands|

Comments Off on 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.

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|Transfer of Property Act|

Comments Off on 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

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|Service Cases|

Comments Off on 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

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|Service Cases|

Comments Off on 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.

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|Gratuitous Passenger|

Comments Off on 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.

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|Jurisdiction - Civil Court|

Comments Off on 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.

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|Negligence|

Comments Off on 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   

Agreement to Sell—Cancellation of—Unilateral cancellation of agreement to self by one party cannot be raised as a in a suit for specific performance.

By | June 18th, 2018|Specific Relief Act|

Comments Off on Agreement to Sell—Cancellation of—Unilateral cancellation of agreement to self by one party cannot be raised as a in a suit for specific performance.

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|Constitution of India|

Comments Off on 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).

Injunction—Disobedience of Order—Remedy available to petitioner is under 0r.39 R.2 CPC—Contempt petition is not maintainable.

By | June 18th, 2018|Contempt of Courts|

Comments Off on Injunction—Disobedience of Order—Remedy available to petitioner is under 0r.39 R.2 CPC—Contempt petition is not maintainable.