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...
Consumer Law – Definition of Consumer – Appeals centered on whether vehicles purchased by a company for the use of its directors fall within the definition of "commercial purpose" under Section 2(1)(d) of the Consumer Protection Act – National Commission held that purchases for the personal use of directors did not amount to "commercial purpose" – Suprem...
Civil Procedure – Impleadment Post-Decree – Application under Order 1 Rule 10 CPC filed after suit was decided – Application dismissed – Held that Order 1 Rule 10 CPC allows impleadment of parties only during pendency of proceedings – Post-decreeimpleadment not permissible – Remedy lies in filing an appeal as an aggrieved party with leave of appellate court. [Pa...
Land Laws – Village Common Land – Eviction – Petition by Gram Panchayat for land described as Gair MumkinChappar/pond within abadi deh – Collector dismissed the eviction petition, holding land does not vest in Gram Panchayat – Appellate Authority reversed, holding pond within abadi deh vests in Gram Panchayat under Section 2(g) of the Punjab Village Common Lands (Regu...
Land Law – Revenue Rastas – Easementary Rights – Writ petitions challenging the grant of CLUs to developers – Dispute over petitioners' locus standi and rights to revenue rastas – Held that such disputes require evidence and cannot be settled in writ proceedings – Appropriate remedy is under Section 42 of the East Punjab Holdings Act – Competent Statut...
Village Common Land – Regularization of Unauthorized Constructions – Civil Writ Petition against rejection of regularization claim – Petitioner constructed house and cattle shed on Panchayat land – Claim based on long-term use by forefathers – Government reconsideration of earlier prohibitions against such claims – Matter remanded for reconsideration under new r...
Land Law – Easementary Rights – Consolidation Proceedings – Section 42 of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 – Application under Section 42 seeking easementary rights over a passage from Gram Panchayat land dismissed. Held that the application under Section 42 is maintainable only if a passage was not provided during consolidation...
Land Law – Ejectment of Tenant – Compensation for Improvements – Appeal against orders of ejectment and dismissal of revision petition – Appellants argued for compensation under Section 70 of Punjab Tenancy Act, 1887 – Argument not raised before authorities or in amended written statement – Held, tenants estopped from raising new issues at belated stage – ...