Punjab Village Common Lands (Regulation) Act, 1961 - Unauthorized occupation of Hadda Rori land - Demarcation of land - Eviction - Delay in demarcation by respondents - Writ petition seeking mandamus for expeditious demarcation and subsequent legal action - Valid demarcation report necessary to establish claim before Competent Authority - Court allows the writ petition and directs empowered Revenu...
Motor Vehicles Act – Compensation for Death – FIR under Sections 302, 379, and 188 IPC – Claim petition dismissed as FIR pertained to murder, not a negligent accident – Death caused by accident by offending vehicle proved – Intention of the driver immaterial – Use of vehicle on road and resulting accident sufficient for compensation – Appeal allowed &ndash...
Arbitration Law – Scope of Judicial Review – Sections 37 of Arbitration Act and Section 13 of Commercial Courts Act – Appeal against arbitral award – Non-compliance with Section 18(2) of MSMED Act – Appellants participated in arbitration after dismissal of writ petition – Same issue cannot be raised de novo – Scope of judicial review minimal – Appeal...
Motor Accident Claims - Compensation - Loss of dependence - Legal representatives entitled to claim compensation - Even if major married and earning sons are not fully dependent on the deceased, they are still covered as legal representatives - Compensation to be considered beyond conventional heads. [Para 9]
Dependency - Definition and criteria - Dependency includes financial depende...
Defamation - Cause of action - Disclosure in plaint - Rejection of plaint - Application under Order 7 Rule 11 of CPC - Defendant-petitioner filed application seeking rejection of plaint on the ground of lack of cause of action - Plaintiff-respondent alleged defamation and false complaints - Plaint did not disclose specific defamatory statements or provide details of alleged complaints - Court held...
Service Law - Annual Increment - Disabled Employee - Petition under Article 226 - Challenge to denial of annual increment due to non-clearance of type test - Petitioner 60% disabled and locomotor disabled - Government instructions grant exemption to handicapped employees from passing type test - Authority failed to consider disability and applicable instructions - Impugned order set aside - Direct...
Article 226 - Property resumed for misuse and non-payment of misuse charges - Significant delay of 10 years in filing writ petition - No sufficient cause or reasonable explanation for delay - Petitioner negligent in pursuing remedies - Petition dismissed due to laches and undue delay. [Paras 1-14]
Negative Equality - Legal Principle - Analysis - Petitioner claimed discrimination as ot...
Matrimonial Law - Cruelty - Divorce Petition - Section 13(1)(i-a) of the Hindu Marriage Act - Appeal against dismissal of divorce petition - Allegations of cruelty based on behavior and conduct - Insufficient evidence of cruelty produced by appellant - Subsequent event of respondent migrating to Canada considered - Long separation of parties indicating breakdown of marriage - Decree of divorce gra...
Service Law – Retirement Age – Disabilities – The petitioners, employees of the Punjab Government, sought extension of their service beyond the age of 60 years, citing discrimination against employees with visual and other disabilities. They relied on the Persons with Disabilities Act, 1995 and the Right of Persons with Disabilities Act, 2016. Held, there is no provision in the 2...
Negotiable Instruments Act - Territorial Jurisdiction - Petition under Section 482 CrPC - Complaint under Section 138 NI Act filed at Hisar - Complaint returned due to lack of territorial jurisdiction as per pre-amended Section 142 NI Act - Amendment to Section 142 NI Act effective retrospectively - Complaint required to be restored to Trial Court at Hisar - Petition allowed. [Paras 1-10]
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