May 2020

AMENDMENT – SECOND APPLICATION – There is no bar to move more than one application for amendment, if the circumstances so warrant. In the instant case, moving of second application was warranted on account of typographical correction in the judgment and decree to incorporate khasra , which was statedly left out inadvertently

By | May 23rd, 2020|Categories: Amendment of Plaint|

Held; It is well settled that no one can be punished for the fault of the Court. The appellate authority should have granted time to pay short fall of provisional rent wrongly calculated. Eviction set aside.

By | May 17th, 2020|Categories: Punjab Rent Act|

Eviction—Bonafide Necessity—Landlord cannot be expected to keep waiting till the tenant vacates the tenanted premises and then start the required construction/renovation work—Eviction upheld

By | May 6th, 2020|Categories: Punjab Rent Act|

[DIVISION BENCH]Punjab Village Common Lands (Regulation) Act, 1961, S.ll–EvictionHELD are of the considered opinion that the petitioners do not have any locus standi to maintain this petition for the prayer made in the writ petition, particularly in respect of the orders passed by the Commissioner by which he has deleted the directions issued by the Collector in his order dated 10.12.2013. The locus standi to challenge the said order of the Commissioner was with the Gram Panchayat who could have filed the present writ petition had it been so advised.

By | May 1st, 2020|Categories: Punjab Village Common Lands|

Agricultural Produce—Market Fee—Assessment order not to be quashed on question of jurisdiction, without examining the issue as to whether the market fee and rural development fund were ever deposited or not

By | May 1st, 2020|Categories: Jurisdiction - Civil Court|

[DIVISION BENCH] Recovery of Debts—Limitation—Exclusion of Period—Provision of Section 14 of Limitation Act – Held; Provisions of S.14 shall apply where the suit, appeal or application is filed in Court and not before the statutory authority, quasi judicial authority or the Tribunal/DRT.   

By | May 1st, 2020|Categories: SARFEASI|

Agreement to Sell—Specific Performance—Subsequent Buyer—When equity stand in favour of original buyer decree cannot be passed in favour of subsequent buyer merely because there was delay of more than 31 years in disposal of appeal of suit between original buyer and original seller, for absolutely no fault of subsequent buyer and he being in possession of for all that period

By | May 1st, 2020|Categories: Specific Performance|

April 2020

Accident—Claim Petition—Four persons were travelling in a vehicle but only one received injuries—It is not necessary that injuries should have been caused to all the occupants of the vehicle—Claim petition allowed

By | April 30th, 2020|Categories: Claim Petition|

Written Statement—Non filing of—Dismissal of Suit—Once defendant was permitted to join proceedings, it is necessary for her to file written statement—Application under O.8 R.10 CPC dismissed

By | April 23rd, 2020|Categories: Written Statement|

Exparte Decree—Setting aside of—Factum of serving dasti summons or conducting munadi as contended has not been proved by examining either the concerned process server or the person who conducted the alleged munadi—Exparte decree set aside.

By | April 23rd, 2020|Categories: Exparte Decree|