Civil Procedure - Appointment of Local Commissioner at Appellate Stage - Application for Additional Evidence - Revision Petition against Appellate Court's Order - Code of Civil Procedure, 1908 - Order XLI, Rule 27 - Held, once the first application for the appointment of a Local Commissioner had been withdrawn by the respondents, the same relief via second application under the guise of additi...
Constitutional Law – Writ Jurisdiction – Eviction Orders – Section 7 of Punjab Village Common Lands (Regulation) Act, 1961 – Petition challenging eviction orders made by the Collector and affirmed by the Appellate Authority. Held that the Collector can only assume jurisdiction under Section 7 if the petition is filed by a Panchayat or an officer authorized by the State Gove...
Right to Travel Abroad - Issuance of LOC - Writ petition challenging the LOC issued against the petitioner by the Bureau of Immigration at the instance of UCO Bank - Held, right to travel abroad flows from Article 21 of the Constitution, and a high threshold is required to deny this right - LOC cannot be issued merely on the grounds of being a willful defaulter without any cognizable offence - Pet...
Land Law – Eviction from Shamlat Deh Land – Section 7 of Punjab Village Common Lands (Regulation) Act, 1961 – Challenge to eviction orders passed by the Assistant Collector First Grade and upheld by higher authorities. Petitioners constructed a house on land recorded in revenue records as owned and cultivated by Gram Panchayat (Makbuja Gram Panchayat). Held that the entry in the ...
Rent Control – Bonafide Requirement – Eviction of Tenant –
Plaintiffs sought eviction of defendant from the suit premises for bonafide personal need and office use – Defendant contended possession of entire ground floor, claimed misrepresentation of facts – Courts below found plaintiffs’ requirement genuine and bonafide – Defendant’s claim of occu...
Insolvency and Bankruptcy – Simultaneous Proceedings – Financial creditor filed applications under Section 7 of IBC against both the corporate debtor and corporate guarantor – Adjudicating authority admitted the application against the corporate debtor despite the approval of a resolution plan for the guarantor – Supreme Court held that the financial creditor can proceed ag...
Land Laws - Unauthorized Possession - Gair Marusi Land - Article 226 of the Constitution - Haryana Land Revenue Act, 1969 - Land reserved during consolidation for Kumharan community for pottery use - Petitioner's predecessor entered as Gair Marusi but started cultivation - Unauthorized use impermissible - Non-occupancy tenants have no vested rights to continue possession especially when origin...
Land Laws - Exchange of Land - Validating Order - Natural Justice - Articles 226 and 227 of the Constitution - Section 7 of Punjab Village Common Lands (Regulation) Act, 1961 - Rule 5 of Punjab Village Common Lands (Regulation) Rules, 1964 - Land exchanged through validating order cannot be arbitrarily recalled without complying with principles of natural justice - Equivalence of monetary value an...
Review Jurisdiction – Grounds for Review – High Court allowed review petitions reversing the decision of the original Division Bench – Review jurisdiction not properly exercised – Discovery of new evidence not sufficient to warrant review as it was not material to the contempt issue – Order set aside [Paras 10-26].
Contempt of Court – Limitation &nd...
Specific Performance – Joint Ownership – Section 12 of the Specific Relief Act, 1963 – Appeal against decree granting recovery of earnest money instead of specific performance of an agreement to sell. The property was jointly owned by three sons and their mother. Held that each vendor is bound to execute the sale deed to the extent of their individual shares, even if the property...