Specific Performance – Joint Ownership – Section 12 of the Specific Relief Act, 1963 – Appeal against decree granting recovery of earnest money instead of specific performance of an agreement to sell. The property was jointly owned by three sons and their mother. Held that each vendor is bound to execute the sale deed to the extent of their individual shares, even if the property...
Property Tax – IT-ITES SEZ Property – Industrial vs. Commercial Rates – Petition challenging levy of property tax at commercial rates on IT-ITES SEZ property – Held, property tax to be levied as per actual usage of the premises – SEZ units cannot claim exemption or industrial rates solely based on SEZ classification – Notifications and statutory provisions manda...
Constitutional Law – Writ Jurisdiction – Eviction Orders – Section 7 of Punjab Village Common Lands (Regulation) Act, 1961 – Petition challenging eviction orders made by the Collector and affirmed by the Appellate Authority. Held that the Collector can only assume jurisdiction under Section 7 if the petition is filed by a Panchayat or an officer authorized by the State Gove...
Right to Information - Imposition of Penalties - Opportunity of Hearing - Non-Speaking Order-Imposition of Penalties - Right to Hearing – Civil writ petition under Articles 226 and 227 challenging the imposition of a penalty under Section 20 of the Right to Information Act, 2005 – Held: Penalty under Section 20(1) of the Act should only be imposed after providing a reasonable opportuni...
Civil Law - Correction of Date of Birth in Educational Records - Regular Second Appeal against the concurrent findings of fact - Correction of date of birth in matriculation certificate - Held, a student's date of birth can be corrected if proven by valid evidence despite the absence of specific bye-laws allowing such correction - Appeal dismissed - In the present case, the student successfull...
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...
Land Law - Validity of Notice - Demarcation - Natural Justice-Validity of Notice - Demarcation Requirement – Civil writ petition under Articles 226 and 227 challenging a notice issued under Section 24(1) of the Haryana Gram Panchayati Raj Act, 1994 – Held: For a notice to be valid under Section 24(1), a prior valid demarcation of the concerned site by a competent Revenue Officer is req...
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...
Writ Jurisdiction - Availability of Alternative Remedy – Held, where a statutory remedy is provided, the Writ Court should not exercise its extraordinary jurisdiction. The learned Single Judge erred in entertaining the writ petition without relegating the petitioner to the alternative remedy available under the statutory provisions. [Para 10]
Non-impleadment of Necessary Parties...
Land Law - Eviction - Evidence of Ownership and Possession – Held, the Gram Panchayat failed to establish through relevant revenue entries that the disputed land belonged to it. The authorities below did not call for cogent evidence of valid possession by the Gram Panchayat, leading to arbitrary and slipshod eviction orders. The impugned orders are quashed, and the petition is accepted. [Par...