About phlaw

This author has not yet filled in any details.
So far phlaw has created 3616 blog entries.

May 2020

Courts Should Not Engage Itself In Social Mores Or Introduce Personal Ideas On Morality In A Protection Petition”, by runaway couple : Punjab & Haryana HC HELD “It is not for this Court in a protection petition to engage itself in social mores, norms and human behaviour or introduce personal ideas on morality.”

By | May 27th, 2020|Constitution of India|

Comments Off on Courts Should Not Engage Itself In Social Mores Or Introduce Personal Ideas On Morality In A Protection Petition”, by runaway couple : Punjab & Haryana HC HELD “It is not for this Court in a protection petition to engage itself in social mores, norms and human behaviour or introduce personal ideas on morality.”

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|Amendment of Plaint|

Comments Off on 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

Un – Partitioned agriculture land co owners in joint possession . Petitioners wanted to raise construction, injunction rightly granted.

By | May 17th, 2020|Injunction|

Comments Off on Un – Partitioned agriculture land co owners in joint possession . Petitioners wanted to raise construction, injunction rightly granted.

V IMP : Erroneous Warrants of Possession issued, later found to be so and recalled. Landlord obtained possession HELD Executing Court should restore the possession to the tenant

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

Comments Off on V IMP : Erroneous Warrants of Possession issued, later found to be so and recalled. Landlord obtained possession HELD Executing Court should restore the possession to the tenant

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|Punjab Rent Act|

Comments Off on 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.

HELD Judgment passed under Order 17 Rule 3 CPC clause (a) is a decision on merits and not wholly in default. Appeal lies and not a second suit on same cause of action.

By | May 16th, 2020|Decree|

Comments Off on HELD Judgment passed under Order 17 Rule 3 CPC clause (a) is a decision on merits and not wholly in default. Appeal lies and not a second suit on same cause of action.

Even if the landlord sells a small portion of premises the need of the landlord for bigger portion does not come to an end — Eviction upheld

By | May 16th, 2020|Punjab Rent Act|

Comments Off on Even if the landlord sells a small portion of premises the need of the landlord for bigger portion does not come to an end — Eviction upheld

The intent of allowing additional evidence is to remove the deficiency, if any, left by the party to the litigation. Courts can recourse to Section 151 CPC.

By | May 16th, 2020|Additional Evidence|

Comments Off on The intent of allowing additional evidence is to remove the deficiency, if any, left by the party to the litigation. Courts can recourse to Section 151 CPC.

Written statement as originally filed can be seen by the Court even after the amended written statement has been permitted to be filed

By | May 16th, 2020|Amendment of written statement|

Comments Off on Written statement as originally filed can be seen by the Court even after the amended written statement has been permitted to be filed

Additional Evidence at appellate stage—Document sought to be produced are not per se admissible and are required to be proved by leading evidence

By | May 6th, 2020|Additional Evidence|

Comments Off on Additional Evidence at appellate stage—Document sought to be produced are not per se admissible and are required to be proved by leading evidence

Amendment of Pleading—Prayer Clause—Once only relief clause was permitted to be amended, there was no occasion to grant fresh opportunity to lead evidence

By | May 6th, 2020|Amendment of Plaint|

Comments Off on Amendment of Pleading—Prayer Clause—Once only relief clause was permitted to be amended, there was no occasion to grant fresh opportunity to lead evidence

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|Punjab Rent Act|

Comments Off on 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

Eviction—NRI Landlord—Under Section 13-B of the 1949 Act, the right to seek eviction is with the owner of the premises and not with the landlord

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

Comments Off on Eviction—NRI Landlord—Under Section 13-B of the 1949 Act, the right to seek eviction is with the owner of the premises and not with the landlord

[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|Punjab Village Common Lands|

Comments Off on [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.

Accident—Recovery of Compensation—Protection under Section 60(ccc) CPC shall not be applicable with respect to the award passed by MACT

By | May 1st, 2020|Execution|

Comments Off on Accident—Recovery of Compensation—Protection under Section 60(ccc) CPC shall not be applicable with respect to the award passed by MACT

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|Jurisdiction - Civil Court|

Comments Off on 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

[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|SARFEASI|

Comments Off on [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.   

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|Specific Performance|

Comments Off on 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

April 2020