May 2020

[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|

Service Law—Admissions or Denial of Document—Trial Courts are advised in service law disputes based on documents in the custody of the State Government to insist upon the parties to calling upon them to admit or deny the documents on which the plaintiff sues or relies

By | April 12th, 2020|Categories: Service Cases|

[DIVISION BENCH] – Unauthorized Construction—Construction raised in no construction zone-­There is neither master-plan nor regional planning area is notified for the land, in question—Demolition notice quashed

By | April 11th, 2020|Categories: Quashing|

-Maintenance–Income of Husband-­Husband contended that he was doing job in a cloth shop and was earning Rs.4500/- per month—Mediator who got the marriage solemnized between the parties also deposed that husband was earning Rs.4500/-per month—Contention of wife that husband is earning Rs.35000/- as salary besides agricultural income not established

By | April 11th, 2020|Categories: Maintenance|

Acquittal – Six persons armed with dangerous weapons, one of them having a 12 bore DBBL gun having a common intention and common object, trespassing in the fields of complainant after having made due preparation, would go away without even causing a scratch to the complainant and persons accompanying him, seems somewhat difficult to believe

By | April 11th, 2020|Categories: Acquittal|

Criminal Breach of Trust—Partnership at Will dissolved by notice by one partner—Subsequently, other partner opened bank account as proprietor in the same name of firm—It cannot be said to be an act of cheating and criminal breach of trust

By | April 11th, 2020|Categories: Acquittal|

IMP:: Unwarranted Litigation—Special cost of Rs. 6.00 lacs imposed– 50% of the cost would be recovered from the officials responsible from the defendant department and remaining 50% shall be recovered from the law officers who have opined and prodded the State to come up in the unwarranted second appeal

By | April 10th, 2020|Categories: Regular Second Appeal|

[DIVISION BENCH] Divorce—Desertion—Husband himself was responsible for creating circumstances forcing wife to stay away from the matrimonial home—It does not amount to desertion by wife. Occasional disagreements and flare tips between the spouses and his mother, at best they could be said to be trivial domestic disputes which do happen in every marriage.

By | April 10th, 2020|Categories: Divorce|