Promissory Note – Validity and Execution – Suit for recovery based on a promissory note allegedly executed by the appellant – Trial court ruled in favor of the respondent – Appellant contested the authenticity of the note and its execution – High Court affirmed trial court’s decision, citing sufficient evidence supporting the genuineness of the note and the tran...
Civil Procedure – Ex-parte Decree – Service of Summons – Revision Petition – Application under Order IX Rule 13 CPC dismissed – Ex-parte decree in suit for recovery – Service not proved – Reports by Process Server not witnessed by any independent person – Court failed to record satisfaction regarding service – Opportunity to lead evidence shoul...
Tender Process – Disqualification of Bidders – Judicial Review – Petitioners challenged their disqualification from a tender process for the supply of food kits during the Gauri-Ganpati Festival – The High Court upheld the decision of the Technical Evaluation Committee to disqualify the petitioners for failing to meet the eligibility criteria under condition PQ5 of the tend...
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...
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1908 - Order XLI, Rule 27 - Held, once the first application for the appointment of a Local Commissioner had been withdrawn by the respondents, the same relief via second application under the guise of additi...
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 ...
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...
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...