Service Law – Reinstatement and Back Wages – Full Exoneration – Petitioner, a Patwari, was dismissed from service following conviction under Section 7 of the Prevention of Corruption Act, 1988 – Acquitted on appeal and reinstated without salary for the period of dismissal – Held, under Rule 7.3(ii) of the Punjab Civil Service Rules, a fully exonerated employee upon re...
Land Law – Re-determination of Surplus Land – Death of Landowner – Petitioners challenged the orders declaring surplus land under the 1953 Act – Original landowner Chandgi's land declared surplus in 1959 – Financial Commissioner set aside the 1959 order and remanded the case – Allotments made in 1976 set aside by High Court – Fresh determination of sur...
Service Law – Dismissal of Tehsildar – Proportionality of Punishment – Petitioner, a Tehsildar, dismissed for sanctioning mutation of provincial corpus land to a Church without corruption allegations – Disciplinary proceedings questioned for delay and lack of bribe or corrupt practice charges – Held, dismissal excessive, lacked evidence of financial loss to Government...
Education Law – Bond Requirement – Return of Certificates – Petitioner gained admission in MD course in Physiology under the All India Quota and later secured admission in another institution – Government College, Patiala, refused to return original certificates, demanding ₹15 lakhs as per bond – Held, bond requirement for All India Quota students not stipulated in ...
Civil Procedure – Impleadment of Parties – Pending Litigation – Specific Performance – Defendant No.1 executed an agreement for sale of land – Defendant No.1 died and respondents No.1 to 3 were impleaded as legal representatives – Respondents No.1 to 3 sold entire land to respondents No.16 & 17 via two separate sale deeds – Respondents No.16 & 17 s...
Rent Control Law – Execution of Ejectment Order – Stay of Proceedings – Respondent-landlord filed a rent petition under Section 13-A, claiming he became the owner by a sale deed and required the premises for personal use after retirement – Rent Controller declined tenant’s leave to defend and ordered ejectment – Tenant's revision and SLP dismissed – Te...
Civil Procedure – Second Appeal – Evidence Act – General Power of Attorney – Trial Court upheld the validity of the GPA and sale deed executed by GPA holder Rajinder Pal Singh, dismissing the suit – First Appellate Court reversed the decision, interpreting GPA as limited to management purposes only – Held, First Appellate Court's finding contrary to evidence...
Civil Procedure – Second Appeal – Temporary Injunction – Land Grabbing – Appellants alleged possession over property acquired by Improvement Trust – Suit filed 17 years ago seeking injunction based on manipulated records – Held, discretionary relief of injunction rightly declined due to manipulation and illegal possession – Trust allowed to remove appellan...
Hindu Marriage Act – Divorce – Cruelty and Desertion – Petition for dissolution of marriage filed by husband alleging wife left matrimonial home leaving three minor children and filed false criminal charges against him – Trial Court dismissed petition – Held, wife's allegations under Sections 498-A, 406, and 506 IPC found baseless – False criminal charges an...
Police Service – Discharge During Probation – Absence from Duty – Respondent, a probationary police constable, discharged from service for unauthorized absences and habitual absenteeism under Rule 12.21 – Trial Court dismissed respondent's suit challenging discharge, but Additional District Judge set aside discharge for lack of regular inquiry – Held, Rule 12.21 a...