Electricity Law - Entitlement to Electricity Connection - Section 43 of the Electricity Act, 2003 -Writ petition under Article 226 of the Constitution of India seeking a mandamus directing the Punjab State Power Corporation Limited (PSPCL) to release an electricity connection—Dispute between brothers—Petitioner in occupation of premises but existing connection disconnected due to prope...
Constitutional Law – Article 226 – Writ Jurisdiction – Mutation of Property – Challenge to Single Judge’s Order – Appeal against Single Judge’s order quashing rejection of representation seeking mutation – Will executed in favor of adopted son predeceasing testator – Mutation sanctioned in favor of third party upheld by Supreme Court – He...
Criminal Law – Rape – Conviction and Sentence – Appeal against the conviction of the appellant under Section 376 IPC for sexually assaulting his minor daughter. Held, the prosecutrix's testimony, supported by medical evidence and other witnesses, is reliable and cogent. The delay in lodging the FIR does not invalidate the complaint, given societal reluctance to report such cr...
Civil Procedure – Breach of Injunction Order – Appropriate Remedy – Petition challenging criminal complaints for breach of an ad-interim injunction. Held, breach of an injunction should be remedied through Order 39 Rule 2A CPC. Recourse to Section 340 CrPC and Sections 191, 193 IPC is not appropriate for such breaches. Complaints and consequential proceedings quashed. [Paras 8-10...
Pre-emption Act – Mandatory Court Order for Deposit – Petition challenging dismissal of application for deposit of 'Zare-Panjim' amount. Held, sub-section (1) of Section 22 mandates that the trial court must order the plaintiff to deposit a sum not exceeding 1/5th of the probable value of the land or property, or to provide security. In the absence of such direction, consequenc...
Constitutional Law - Article 226 - Village Common Lands - Exclusionary Clauses – Petitioner, a village proprietor, claimed the land did not vest in Gram Panchayat under Section 2(g) of the 1961 Act – Land recorded as ‘banjarqadim’ argued not used for common purposes – High Court held, proprietors must establish the land falls under exclusionary clauses (i) to (ix) of ...
Land Law - Redetermination of Surplus Area - Suo Moto Powers – Financial Commissioner invoked suo moto powers after 11 years to redetermine surplus area – Held, such invocation not permissible once determination has attained finality up to the High Court – Surplus area vested and mutated in favor of the State, utilized, and not available for redetermination – Arbitrary and ...
Service Law - Assured Career Progression (ACP) Scheme - Deputation and Absorption – Petitioner challenged CAT order granting Senior Scale to respondent by counting service rendered on deputation before absorption – Held, deputation period must be counted towards minimum qualifying years for Senior Scale/Selection Grade – Government’s ACP Scheme guidelines mandate inclusion ...
Constitutional Law - Articles 32 and 226 - Res Judicata and Procedural Bars in Writ Jurisdiction – Petitioners filed applications for transferring cases to NGT after similar applications were previously withdrawn – Held, principles of res judicata and CPC provisions apply to writ jurisdiction under Rule 32 of the Writ Jurisdiction Rules – Earlier withdrawal of applications consti...
Administrative Law - Applicability of CPC Rules to Tribunal Proceedings – Tribunal's approach in ignoring specific allegations in Original Application regarding non-communication of subsequent Written Test Notice and interview scheduling, despite written statement's evasive denial, caused prejudice – CPC Rules governing pleadings apply fully to Tribunal proceedings – Evas...