May 2020
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Permalink Gallery[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.
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Permalink Gallery[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.
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Permalink GalleryAgreement 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
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Permalink Gallery-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
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Permalink GalleryAcquittal – 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
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Permalink GalleryIMP:: 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
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Permalink Gallery[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.