Land Law - Ownership Dispute - Writ Petition under Article 226 - Petitioner sought to quash the orders dismissing his petition and statutory appeal under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961. The petitioner claimed ownership and possession of Nazul land as a successor by will, whereas the Gram Panchayat asserted ownership per Jamabandi for the year 2004-2005. The Co...
Service Law - Unauthorized Absence - Termination of Services - Haryana Police – Regular Second Appeal against the order dismissing the civil suit and first appeal challenging the termination of the appellant's services – Appellant, a Head Constable, claimed unauthorized leave to attend a Public Police Samelan and alleged he was restrained from rejoining duty – Enquiry proceed...
Constitutional Law - Writ of Certiorari – Writ petition challenging the communication rejecting the petitioner's claim for Mewat Area Allowance – Petitioner's degree delay due to pending litigation – Supreme Court quashes communication, grants allowance – Delay beyond petitioner's control, allowance entitlement upheld. [Paras 1-9]
Employment Law - E...
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...