Limitation – Declaratory Relief – Article 58, Limitation Act, 1963 – Accrual of Cause of Action – Mere existence of wrong entry in revenue records not sufficient to give rise to cause of action – Right to sue arises only when right asserted is infringed or threatened – Suit for declaration filed on 21.08.1990 after parties’ compromise of 26.10.1972 alleged...
Specific Relief Act - Agreement to Sell – Claim of Earnest Money by Stranger – Concurrent Findings Against Plaintiff – Dismissal Upheld – Appellant claimed to have paid ₹46,85,625/- as earnest money and to have inserted respondent no.1’s name in agreement dated 14.10.2011 in good faith – Both Trial and First Appellate Courts held that agreement (Ex.P1) s...
Punjab Security of Land Tenure Act, 1953 – S. 20-B – allottee-tenant’s full sale-price deposit (1973); Settlement Officer’s objections merely technical; prolonged State inaction – estoppel – Civil Court jurisdiction available – proprietary rights & injunction affirmed; RSAs 2581/4164/4193/4194 of 1999 dismissed with costs.
Declaration of ownership a...
Civil Procedure – Execution Proceedings – Auction Sale – Order 21 Rule 90 CPC – Appeal barred by delay of about two months – Appellate Court refused to condone delay for want of sufficient cause – High Court upheld dismissal – Held: Delay not inordinate and appellant acted bona fide – Mistake or negligence of counsel cannot always be visited upon the...
Court Fees – Declaratory Suits – Distinction between “cancellation” and “declaration” – Held: Where executant of deed seeks to annul it, ad valorem court fee on sale consideration is payable; but where a non-executant seeks declaration that deed is void or not binding, fixed court fee under Article 17(iii) applies if he is in possession – If non-exec...
Land Acquisition – Exemption Notification – Punjab Regional and Town Planning and Development Act, 1995 – Validity upheld – Exemption of land under Sectors 81, 88, and 89 from operation of Section 14 and Chapters VIII, X, and XII of the 1995 Act under Section 178(2) – Held: Notification justified as SAS Nagar (Mohali) expansion was planned prior to the 1995 Act &ndash...
Civil Writ - Municipal Permissions – Building Permission – GVMC Authority – Jurisdiction – Petitioners claimed ownership of 1743 sq. yards and challenged permission to Respondent No.6 based on Development Agreement with Respondent No.5 – Petitioners relied on earlier orders holding Respondent No.5 had no valid title – Court held GVMC cannot decide title; permiss...
Civil Procedure – Abatement – Bringing Legal Representatives on Record – Order 22 Rules 3 & 9 CPC – Appellant died on 28.11.2007; application for substitution filed only on 15.04.2010 – Delay of 778 days – Plea that LRs were unaware of pending appeal and came to know only in 2010 – Held: Unacceptable. Applicants acted with gross negligence and approach...
Service Law – Departmental Enquiry – Denial of Reasonable Opportunity – Principles of Natural Justice – Respondent-employee (Development Officer, LIC) dismissed after ex-parte enquiry – Inquiry report not furnished and no effective opportunity of cross-examination granted – Held: Entire enquiry and orders passed by Disciplinary Authority, Appellate Authority, an...
Civil Law - Intellectual Property – Trademark Infringement – Ex Parte Injunction – Plaintiff alleged infringement of its registered marks ‘GOBOLD’, ‘GOJOLT’, and ‘GOVO’ by defendant’s use of ‘GOBOULT’ – Commercial Court granted ad-interim injunction without notice – Defendant argued that 'GOBOULT' is a regi...