February 2020
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Permalink GalleryPunjab Land Revenue Act, 1887, S.16–Revision–Delay in Filing-Financial Commissioner without condoning the delay in filing the revision has proceeded to set aside the order passed by the Assistant Collector 1st Grade on the ground that petitioners have been proceeded against exparte
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Permalink GalleryLambardar—Appointment of—Merely because appointed candidate is a lady and has a nine years old son itself cannot be a disqualification for treating her to be not fit for appointment Lambardar–Appointment of—Younger in Age—Age of the petitioner is 22 years, whereas appointed candidate is 32 years—Both are in the prime of their age —Choice of Collector cannot be faulted with Lambardar—Appointment of—Ownership of more land—It has now by and large lost its relevance with the exemption from land revenue and the security for that purpose
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Lambardar—Appointment of—Backward Class—Sarbrah Lambardar can be appointed for a Backward Class category Lambardar—Appointment of—Availability of candidate—Merely because the residence of a candidate is an urban hamlet area, would not be enough to come to a conclusion that he would not be accessible to the villagers Lambardar—Appointment of—Collector made appointment by giving weight age to hereditary claim and without taking into consideration the contribution in the social field, better accessibility, personal influence and better reputation of petitioner—Matter remanded back
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Permalink GalleryEviction—Arrears of rent—Tenant has pleaded blanket denial of landlord-tenant relationship and at the same time an offer to pay the arrears of rent ‘to avoid any legal complications’, without seeking to indicate who according to him is his actual landlord—Plea of granting an opportunity to assess the arrears of rent held to be not genuine
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Permalink Gallery[DIVISION BENCH] Custody to Child—Willingness of Child—Once the child has expressed his willingness to stay with a particular parent, forcing him to go against his wishes would amount to subjecting the child not only to cruelty, but also trauma, which could leave its scars for the rest of his life
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[DIVISION BENCH] Custody of Child-Willingness of Child-Fact that father never met the minor children from last 10 years nor did he render any assistance stands un-rebutted—Custody held to be rightly given to mother. Custody of Child—Financial capacity of mother—It pales into insignificance in front of welfare of child
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Permalink GalleryA Child In Conflict With Law Cannot Be Kept In Jail Or Police Lockup At Any Circumstances: SC HELD “We make it clear that the Juvenile Justice Boards are not meant to be silent spectators and pass orders only when a matter comes before them. They can take note of the factual situation if it comes to the knowledge of the JJBs
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Permalink Gallery[DIVISION BENCH] Murder—Motive—Acquittal—On previous day deceased had heated arguments with the appellants regarding indecent remarks made by them about the wife and mother of the deceased in a drunken condition—It is too trivial to motivate the appellants to commit murder of the deceased