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December 2018

Indian Penal Code, 1860, S.307—Attempt to Murder—Bail-Petitioner is in custody for the past one and half years—Even the complainant not coming forward to testify-Bail granted-Criminal Procedure Code, 1973, 8.439.

By | December 13th, 2018|Bail|

Comments Off on Indian Penal Code, 1860, S.307—Attempt to Murder—Bail-Petitioner is in custody for the past one and half years—Even the complainant not coming forward to testify-Bail granted-Criminal Procedure Code, 1973, 8.439.

Amendment of Written Statement—Document that was sought to be relied upon was not available with the petitioners, the amendment, even in terms of the proviso to Order 6 Rule 17 CPC, could not be allowed

By | December 13th, 2018|Amendment of written statement|

Comments Off on Amendment of Written Statement—Document that was sought to be relied upon was not available with the petitioners, the amendment, even in terms of the proviso to Order 6 Rule 17 CPC, could not be allowed

Civil Procedure Code, 1908, O.8 R.5-Striking off defence-It only permits the courts to decree the suit but does not make it mandatory-In the circumstances, no fault can be found with the action of the courts in requiring the predecessor of the appellants to lead some positive evidence.

By | December 13th, 2018|Jurisdiction - Civil Court|

Comments Off on Civil Procedure Code, 1908, O.8 R.5-Striking off defence-It only permits the courts to decree the suit but does not make it mandatory-In the circumstances, no fault can be found with the action of the courts in requiring the predecessor of the appellants to lead some positive evidence.

East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Bonafide Need-Merely because landlady has sufficient resources at her disposal for surviving, cannot be used as a doubtful circumstance to hold that she does not require the premises–The Courts or the tenant have no jurisdiction to substitute their own opinion in place of the landlord—The jurisdiction of the court is only to examine whether the premises is a bonafide requirement or not.

By | December 13th, 2018|Punjab Rent Act|

Comments Off on East Punjab Urban Rent Restriction Act, 1949, S.13–Eviction–Bonafide Need-Merely because landlady has sufficient resources at her disposal for surviving, cannot be used as a doubtful circumstance to hold that she does not require the premises–The Courts or the tenant have no jurisdiction to substitute their own opinion in place of the landlord—The jurisdiction of the court is only to examine whether the premises is a bonafide requirement or not.

Eviction—Other Buildings—Ownership of other properties is not material for examining the bonafide requirement—What is required is that the landlord is not occupying another building or has not vacated such building without sufficient cause in the said urban area

By | December 12th, 2018|Punjab Rent Act|

Comments Off on Eviction—Other Buildings—Ownership of other properties is not material for examining the bonafide requirement—What is required is that the landlord is not occupying another building or has not vacated such building without sufficient cause in the said urban area

Co-sharer—Where it is shown that co-sharers are in specific possession of particular parts of jointly held property, they are entitled to an injunction in their favour qua such possession

By | December 11th, 2018|Injunction|

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Specific Performance-­Readiness & Willingness—Purchaser sent notice after two years and eight months and suit was filed on last date of limitation—Apart from the  statement of purchaser there is no other evidence to show that he was repeatedly approaching the seller—Relief of specific performance held to be rightly declined.  

By | December 11th, 2018|Specific Performance|

Comments Off on Specific Performance-­Readiness & Willingness—Purchaser sent notice after two years and eight months and suit was filed on last date of limitation—Apart from the  statement of purchaser there is no other evidence to show that he was repeatedly approaching the seller—Relief of specific performance held to be rightly declined.  

Eviction—Nature of Building—Pleadings—There was no pleading that the shop is a part of a residential building—In the absence of such pleading the plea that eviction for non residential purpose cannot be sought cannot be taken in revision for the first time as this plea had not been raised before the Rent Controller Eviction—Nature of Building—In the absence of any zoning plan, scheme or notification proving the residential or non-residential character of a building, the purpose for which the demised premises was let out would determine its character as residential or non-residential

By | December 11th, 2018|Punjab Rent Act|

Comments Off on Eviction—Nature of Building—Pleadings—There was no pleading that the shop is a part of a residential building—In the absence of such pleading the plea that eviction for non residential purpose cannot be sought cannot be taken in revision for the first time as this plea had not been raised before the Rent Controller Eviction—Nature of Building—In the absence of any zoning plan, scheme or notification proving the residential or non-residential character of a building, the purpose for which the demised premises was let out would determine its character as residential or non-residential

Eviction–Bonafide Need-Admittedly, landlord was 80 years old and had already let out two other shops on rent-Since two sons of landlord had died so in order to maintain families of his son the desire of the landlord to set up business in the demised shop after getting it vacated, is legitimate and justified—Eviction petition allowed.

By | December 9th, 2018|Punjab Rent Act|

Comments Off on Eviction–Bonafide Need-Admittedly, landlord was 80 years old and had already let out two other shops on rent-Since two sons of landlord had died so in order to maintain families of his son the desire of the landlord to set up business in the demised shop after getting it vacated, is legitimate and justified—Eviction petition allowed.

Accident–Income–Absence of Proof-­ Claimant claimed that deceased was aged 35 years and was an agriculturist but no documentary proof adduced—Tribunal assessed income as Rs. 6,000/ – p.m.—Minimum income of unskilled laborer in Haryana in 2012 was Rs. 4847/- —Income assessed as Rs. 5000/- p.m

By | December 9th, 2018|Income|

Comments Off on Accident–Income–Absence of Proof-­ Claimant claimed that deceased was aged 35 years and was an agriculturist but no documentary proof adduced—Tribunal assessed income as Rs. 6,000/ – p.m.—Minimum income of unskilled laborer in Haryana in 2012 was Rs. 4847/- —Income assessed as Rs. 5000/- p.m

Motor Vehicles Act, 1988, S.166–Accident–Income–Housewife–On the contribution as a home-maker there can neither be increase in future prospects nor any deduction.

By | December 9th, 2018|Income|

Comments Off on Motor Vehicles Act, 1988, S.166–Accident–Income–Housewife–On the contribution as a home-maker there can neither be increase in future prospects nor any deduction.

Eviction—Pleadings—Landlady had concealed the existence of third shop and when confronted she did not accept the availability of said third shop–Eviction petition dismissed

By | December 9th, 2018|Punjab Rent Act|

Comments Off on Eviction—Pleadings—Landlady had concealed the existence of third shop and when confronted she did not accept the availability of said third shop–Eviction petition dismissed

Electricity Act, 2003, S. 135-Theft of Electricity-Testing of Meter-It was the right of the consumer to be present at the time of testing and to be confronted with the testing report before imposition of penalty—No notice sent for being present at time of testing—Notice imposing penalty quashed.

By | December 9th, 2018|Electricity Act|

Comments Off on Electricity Act, 2003, S. 135-Theft of Electricity-Testing of Meter-It was the right of the consumer to be present at the time of testing and to be confronted with the testing report before imposition of penalty—No notice sent for being present at time of testing—Notice imposing penalty quashed.

Motor Vehicles Act, 1988, S. 166–Accident-Compassionate Allowance-Grant of Compassionate allowance by State Government to victim of an accident is not a ground to disallow compensation under Motor Vehicles Act.

By | December 9th, 2018|Income|

Comments Off on Motor Vehicles Act, 1988, S. 166–Accident-Compassionate Allowance-Grant of Compassionate allowance by State Government to victim of an accident is not a ground to disallow compensation under Motor Vehicles Act.

Service Law–Promotion–Ranking List—Engineering Subordinates who possess such qualification earlier in time have to be ranked senior and those who possess such qualification in the next year upto 1st January are to be ranked junior. The reason is that Engineering Subordinates, who acquire the eligibility of qualification of A.M.I.E./B.E. with 5 years service earlier, are more meritorious having acquiring the qualification earlier than their senior, who either could not qualify A.M.I.E./B.E. examination or did not dare to take such examination. Therefore, after having acquired the qualification and experience later, they cannot steal a march over their juniors who have already acquired such qualification and are to be placed in ranking earlier than their seniors for the purpose of accelerated promotion–Service of 5 years has to be counted from the date when candidate acquires the required qualification

By | December 7th, 2018|Service Cases|

Comments Off on Service Law–Promotion–Ranking List—Engineering Subordinates who possess such qualification earlier in time have to be ranked senior and those who possess such qualification in the next year upto 1st January are to be ranked junior. The reason is that Engineering Subordinates, who acquire the eligibility of qualification of A.M.I.E./B.E. with 5 years service earlier, are more meritorious having acquiring the qualification earlier than their senior, who either could not qualify A.M.I.E./B.E. examination or did not dare to take such examination. Therefore, after having acquired the qualification and experience later, they cannot steal a march over their juniors who have already acquired such qualification and are to be placed in ranking earlier than their seniors for the purpose of accelerated promotion–Service of 5 years has to be counted from the date when candidate acquires the required qualification

Transfer of Property Act, 1881-Oral Transfer-Concept of oral transfer is not applicable in Punjab since 1977—Consequently, any transfer which had to be made could only have been made by a registered document– A resolution followed by a mutation could not pass the title from the school in favour of any person.      

By | December 1st, 2018|Transfer of Property Act|

Comments Off on Transfer of Property Act, 1881-Oral Transfer-Concept of oral transfer is not applicable in Punjab since 1977—Consequently, any transfer which had to be made could only have been made by a registered document– A resolution followed by a mutation could not pass the title from the school in favour of any person.      

Eviction—Impairing value and utility of building—Entire shop has been extended to main road by covering the entire parking area—Eviction upheld

By | December 1st, 2018|Punjab Rent Act|

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November 2018