Constitutional Law - Judicial Review - Articles 21, 226 - Scope of Commission of Inquiry - Expeditious Investigation - Principles of Natural Justice - Government of Punjab set up Commissions to investigate incidents of sacrilege and related violence - Reports of Zora Singh and Ranjit Singh Commissions challenged - Commissions' recommendations are advisory, not binding - Judicial revi...
Specific Relief Act - Termination of Insurance Contract - Sections 14 and 34 - Maintainability of Suit for Declaration - On revocation of insurance contract, the plaintiff is entitled to file a suit for damages for wrongful termination, not for a declaration - Suit for declaration held not maintainable - Plaintiff must seek damages as per Section 14 of the Specific Relief Act. [Para 17]
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Constitutional Law - Land Acquisition - Articles 226 and 227 - Sections 3(d) and 30 of Land Acquisition Act - Dispute on Apportionment of Compensation - Collector must refer disputes to the Principal Civil Court of original jurisdiction - Collector’s order adjudicating compensation entitlement quashed - Collector directed to refer the application to District Judge for detailed decision. [Par...
Constitutional Law - Articles 226 and 227 - Qualifying Service for Pension - Petition for counting service rendered in Punjab Land Development and Reclamation Corporation as qualifying service for pensionary benefits - Corporation in the process of winding up when petitioner joined new assignment - Service to be counted despite petitioner joining new assignment before actual winding up - Relief gr...
Constitutional Law - Exemption from Municipal Laws - Articles 226 and 227 - Section 17 of Punjab New Mandi Townships (Development & Regulation) Act, 1960 - Notification by State Government exempting certain areas from the application of Punjab Municipal Act - Godowns in exempted area - Held, godowns constructed on specified land exempt from house tax - Municipal Council’s imposition of h...
Compassionate Appointment - Judicial Review - Clause X of Letters Patent - Article 226 of Constitution of India - Respondent applied for compassionate appointment beyond six-month limit stipulated by policy circular dated 02.02.1977 - Supreme Court precedent holds that High Court cannot rewrite terms of policy in judicial review - Appeal allowed, Single Judge's order set aside. [Paras 8, 10]
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Partnership Law - Entitlement of Legal Heirs - Sections 37 and 48 of Partnership Act, 1932 - Legal heirs of a deceased partner entitled to share in profits or 6% per annum interest on the share of the deceased partner from the date of death till payment - Immovable properties, including machines and stock, to be either physically divided or valued and paid accordingly - Legal heirs cannot insist o...
Civil Procedure - Jurisdiction - Section 20, Order 37, Rule 1 of CPC - Amending Act of 1976 - Suit filed at Bathinda based on dishonored cheque - Defendants filed for dismissal due to lack of jurisdiction, arguing summary suits should be tried only in District Courts of Amritsar per Rule 81 - Court at Bathinda has jurisdiction as cheque was dishonored there - Rule 81 inconsistent with amended Orde...
Service Law - Suspension Period Benefits - Rule 7.3(2) of Punjab Civil Services Rules, 1970 - Employee acquitted of criminal charges to be treated as innocent and entitled to all benefits during suspension - Petitioner suspended due to criminal proceedings, remained suspended for seven years, and acquitted at trial - Entitled to full salary and consequential benefits for suspension period - Order ...
Motor Vehicles Act - Liability of Insurer - Section 166 - Accident involving a vehicle with an allegedly invalid driving license - Tribunal held that the driver’s license was not valid, placing primary liability on the vehicle owner and driver, with insurer granted recovery rights - Appeal allowed, insurer directed to bear liability without recovery from the insured. [Paras 1, 14, 15]
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