Civil Law - Appeals – Scope of Appellate Court Powers – Order 41 Rules 22 and 33 CPC – Cross-Objection Necessary – First Appellate Court erred in modifying conditional decree into absolute decree for specific performance in absence of cross-appeal or cross-objection by plaintiff – Decree partially against respondent had attained finality – Respondent not entitle...
Civil Law - Next Friend – Representation of Deity – Application under Section 151 CPC by Plaintiff Nos. 2 to 5 seeking removal of next friend of Plaintiff No. 1, a deity (Shri Krishna Lala Virajman) – Allegations of misconduct, conflicting interests, parallel suits and misuse of position by current next friend – Held: Under Order 32 Rule 9 CPC, removal of next friend can be...
Service Law – Inter se Seniority – Haryana Judicial Service – Seniority to be determined on basis of merit position in select list and not on date of joining – Rules of 1951 emphasize merit – Long-standing practice of Punjab & Haryana High Court to follow merit upheld – Seniority not a fundamental right but a civil right [Paras 23–24, 48–49].
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Tenancy Law - Eviction – Non-user – Section 12(1)(d), M.P. Accommodation Control Act, 1961 – Decree of eviction affirmed – Shop found unused for over six months immediately preceding the suit – Electricity meter card and bills reflecting negligible/zero consumption coupled with witnesses’ testimony established non-use – Tenant failed to produce contemporan...
Trade Marks – Section 11(1) and Section 91 of the Trade Marks Act - Likelihood of Confusion – KIND Family of Marks – Refusal Order Set Aside – Appellant’s application for “PETKIND” was rejected under Section 11(1) citing conflict with “PETKIND PHARMA” by Wellford Pharma – Held: Appellant has longstanding, extensive use of the KIND suffix ...
Limitation – Condonation of Delay – Delay of 1357 days in filing Second Appeal – Applicant Panchayat challenged Appellate Court decree of 2018 only after execution proceedings were initiated in 2023 – Applicant originally exonerated by Trial Court – Appellate Court imposed monetary liability despite no appeal by plaintiff – Held: Applicant failed to offer suffic...
Service Law - Departmental and Criminal Proceedings – Double Jeopardy – Article 20(2) of the Constitution – Appeal Allowed – Respondent, a bus driver, was penalised departmentally with reduction in pay for rash and negligent driving that caused a fatal accident and financial loss to the department – Subsequently, upon conviction under Section 304A IPC, he was dismisse...
Town Planning – Transfer of Community Sites – Interpretation of Section 3(3)(a)(iv), Haryana Development Act – Appeal Allowed – The appellant Trust challenged the validity of State circulars prohibiting third and fourth-party transfers of school and community sites in licensed colonies – Held: There is no express statutory bar on such transfers – Clause 3(3)(a)(...
Service Law – Writ - Seniority – OAS Class II – Validity of “year of allotment” principle – Constitutionality of Section 2 of 1992 Validation Amendment Act upheld – Held: “Year of allotment” is a settled rule of seniority through long-standing practice, recognised by 1959 Rules and earlier judicial pronouncements; cannot be unsettled unless unw...
Tenancy Law - Rent Control – Review Petition – Sections 13 and 13(2)(i) of Punjab and Haryana Rent Acts – Scope of Rent Controller’s duty – Review dismissed – The review petitioner contended that earlier decisions (Rubber House and Rajinder Kumar Joshi) were not noticed in Rakesh Wadhawan and that the law therein was incorrectly laid down – Held: Though no...