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...
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 ...
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...
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...
Service Law – Termination Without Enquiry – Lecturer – Petitioner, a lecturer in Military Science, was terminated by the college management for alleged willful long absence from duty – Termination order passed without conducting a regular departmental enquiry – Management argued no enquiry needed as termination was during probation period – Held, termination sti...
Judicial Discipline – Comity Between Courts – The Supreme Court took suo motu cognizance of remarks made by Justice Rajbir Sehrawat of the Punjab and Haryana High Court that were considered unnecessary and derogatory towards the Supreme Court – Emphasized that compliance with Supreme Court orders is not discretionary but a constitutional obligation – The Court reiterated th...
Trade Marks – Jurisdiction and Authority – Appeals under Section 91 of the Trade Marks Act, 1999 against orders passed by Associate Managers of Trade Marks – Issue of whether Associate Managers have the authority to pass quasi-judicial orders – Appellant contended that Associate Managers were neither authorized under the law nor competent to pass such orders [Paras 1-5].
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Protection of Women from Domestic Violence Act – Right to Reside in Shared Household – Petition challenging order directing petitioner-husband to provide part of house to respondent-wife – Wife alleged domestic violence and sought right to residence – Trial court directed provision of portion of house for wife – High Court held wife entitled to claim right to residenc...
Rent Law – Eviction – Valid Service of Petition – Revision petition challenging eviction order under Section 13-B of the East Punjab Rent Restriction Act, 1949 – Tenant contended that petition was served without accompanying documents – Lower court ordered eviction without ensuring documents were served – High Court holds that valid service under Section 18-A re...
Service Law – Constitution of India – Articles 14, 16, 226 – Withdrawal of Service Benefits – Petitioners were deputed and granted benefits under the 'Next Below Rule' as per Rule 4.13 of Punjab Civil Services Rules – Benefits withdrawn without notice or hearing – Held, principles of natural justice violated – Actions of respondent authorities arbi...