Arbitration Law – Objections under Section 34 – Limitation – Appeal against the dismissal of objections to an arbitral award. Held: The dismissal of objections on the ground of limitation was improper as there was no evidence that the signed copy of the arbitral award was served upon the appellants. The Additional District Judge erred in commenting on the merits after concluding ...
Eviction for Impairment of Premises – Proof Required – Reversal of eviction order on the ground that landlord failed to prove material impairment in value or utility of the demised premises – The Court held that without evidence of actual impairment in value or utility, no decree for eviction can be passed – Landlord's mere assertion without substantive proof does not m...
Land Revenue – Partition Proceedings – Subsequent Purchasers – Locus Standi – Writ petition challenging partition proceedings after seven years from issuance of sanadtakseem – Held, subsequent purchasers (petitioners) have no locus standi to challenge partition proceedings when predecessor-in-interest had already challenged and failed – Application under Section...
Electricity Act, 2003 – Section 56(2) – Limitation period for recovery of electricity dues – Applicability – Demand for payment beyond the limitation period – Held, the limitation period of two years under Section 56(2) restricts the right of the licensee company to disconnect electricity supply due to non-payment of dues after the period of limitation has expired &nd...
Electricity Law - Recovery of Arrears - Limitation – Disconnection-Limitation on Recovery of Arrears - Electricity Supply – Letters Patent Appeal challenging disconnection of electricity due to arrears under Section 56(2) of the Electricity Act, 2003 – Held: PSPCL cannot disconnect electricity supply for arrears beyond two years from the date of first demand. Arrears prior to 07....
Stamp Duty - Demand for Difference - Letters Patent Appeal under Section 47A - The appellant challenged the demand for the difference in stamp duty raised by the Collector without issuing a show-cause notice. The property was purchased as residential, but a complaint after five years claimed it was commercial, leading to a revised stamp duty demand. The Court held that the prescribed procedure und...
Reservation for Scheduled Castes - Public Employment - Scheduled Caste Certificate – Migration- Scheduled Caste Certificate - Validity Across States – Letters patent appeal challenging the denial of reservation benefits due to a Scheduled Caste certificate issued by the State of Haryana – Held: A resident of a particular state generally cannot claim reservation benefits in anothe...
Sales Tax – Refund of Excess Tax – Unjust Enrichment – Appeal against the refusal of refund based on the principle of unjust enrichment. Held: The officer determining the refund amount cannot review or revise the assessment order but must respect it and only quantify the refund. The appeal was allowed, and the appellant was entitled to a refund as per the assessment order. [Paras...
Criminal Law – Appeal against Conviction – Section 411 IPC – Appeal against conviction for the offence under Section 411 IPC. Appellant was convicted based on the recovery of Rs. 13,000, a photograph, and a bag. Held: In the absence of strong evidence, particularly the lack of proof that the appellant knew or had reason to believe the property was stolen, the conviction under Sec...
Family Pension - Right Under Statutory Rules – Deemed Option – The petitioner, whose husband died on 01.04.1994 while in service with the Municipal Council, Moga, was entitled to family pension under the Punjab Municipal Employees Pension and General Provident Fund Rules, 1994 – The petitioner’s husband did not exercise the option within the stipulated four months from the ...