Employment Law - Termination of Temporary Employee - Misconduct Allegations - Requirement for Enquiry - Termination of services of a temporary employee on grounds of alleged embezzlement of Rs.6 without conducting a formal enquiry—Order deemed stigmatic and punitive—Court held that such termination necessitates a formal enquiry to establish misconduct—Absence of such an enquiry r...
Motor Vehicles – Scheduled Castes Reservation – Multiple Permits – Permissibility – Held – An applicant holding a stage carriage permit under the scheduled caste reservation category is not disqualified from applying for additional permits on other routes under the same category. The notification dated 13.09.1979 explicitly permits up to five permits for firms or coop...
Municipal Law – Computation of Period for Requisition of Meeting – Writ Petition against State Government’s disapproval of meeting convened by dissatisfied councillors – Section 25(3) of the Punjab Municipal Act, 1911 interpreted to mandate meeting within 30 days from the initial requisition – Meeting held beyond this period deemed invalid – Petition dismissed &...
Civil Procedure - Permanent Injunction - Proof of Possession - Specific Relief Act, Section 38 - Regular Second Appeal against concurrent findings - Appellant filed suit for permanent injunction claiming ownership and possession of suit land based on a sale deed. The Court held that recitals in the sale deed alone were insufficient to establish possession. The suit land was mortgaged and sold in a...
VAT Law - Imposition of Penalty - Non-disclosure of Invoices - Appeal Against VAT Tribunal's Decision - Physical Verification of Goods - Requirement of Documentation - Section 51 of the Punjab VAT Act, 2005 - Held: The driver was not required to know the specifics of the supply order but only to provide necessary documents showing the supply order and GRs. Absence of any intent to evade tax wa...
Constitutional Law - Writ Petition under Articles 226, 227 – Challenge to Appellate Authority Order – Petitioner challenged the order of the Commissioner, Gurugram, which directed payment of additional stamp duty on the deed of assignment. High Court exercised its jurisdiction to interpret relevant provisions of the Indian Stamp Act, 1899 – Held that the order of the Commissioner...
Evidence Law - Admissibility of Certified Copies of Public Documents - Certified copy of RoznamchaWaqiati (diary) maintained by the Patwari, in accordance with the Punjab Land Records Manual, is admissible as evidence under Sections 74 and 77 of the Indian Evidence Act, 1872. The diary, being a public document by virtue of Section 151 of the Punjab Land Revenue Act, 1887, fulfills the necessary le...
Admissibility of Certified Copies of RoznamchaWaqiati—Evidence—Regular Second Appeals challenging concurrent findings—Certified copy of RoznamchaWaqiati maintained by the Patwari under the Punjab Land Records Manual deemed to be a public document by Section 151 of the Punjab Land Revenue Act, 1887—Held, such documents fulfill the requirements of being public documents under...
Land Acquisition - Re-determination of Compensation - Requirement of Certified Copy of Award - Civil Writ Petition against rejection of application under Section 28-A of the Land Acquisition Act, 1894 - Petitioner's application dismissed solely for not attaching certified copy of award - High Court finds no legal mandate requiring attachment of certified copy for re-determination of ...
Civil Law - Specific Performance - Suit for Possession - Intention of Parties - Regular Second Appeal against concurrent findings of fact - Specific Relief Act, 1963, S. 20 - Suit for possession by way of specific performance - Held, it is settled law that intention of the parties is the basic essence for execution of any document - Agreement executed for advancing loan and not for sale - Appeal d...