Jurisdiction of Civil Courts - Section 9 of Punjab Security of Land Tenure Act, 1953 - Civil Court's Jurisdiction in Eviction of Tenant - Appellant claimed adverse possession and status as tenant (gair marusi) - Held, Civil Court lacks jurisdiction to entertain suits involving tenants defined under Section 9 of the Punjab Security of Land Tenure Act - Remedy lies with revenue authorities for e...
SARFAESI Act - Premature Challenge - Sections 13(2), 13(3A), 13(4), 17 - Borrower’s challenge to recovery notice and rejection of objections under Section 13(3A) deemed premature - SARFAESI Act specifies that borrower can appeal under Section 17 only after measures under Section 13(4) are taken - Petition dismissed as the respondent had not taken action under Section 13(4) at the time of fil...
Property Law - Joint Hindu Family Coparcenary Property - Specific Relief Act, 1963 - Section 34 - Plaintiff claims property as Joint Hindu Family Coparcenary Property - Plaintiff selectively identified one property as coparcenary, ignoring others - Held, selective allegations not permissible - Plaintiff must disclose all properties forming part of coparcenary - Admission of receipt of 10-12 acres ...
Civil Procedure - Amendment of Pleadings - Order 6 Rule 17 CPC - Amendment in the written statement cannot be filed under the guise of responding to an amended plaint - The correct procedure requires a specific application for amendment indicating the changes to be made - Held, amendment to the written statement must follow a formal application process as stipulated by Order 6 Rule 17. [Paras 1, 7...
Cooperative Societies - Recovery of Loan from Estate of Deceased - Section 22 of Punjab Cooperative Societies Act, 1961 - Rule 17(2) of Punjab Cooperative Agricultural Development Bank Rules, 1959 - Time-barred recovery - Borrower deceased on 27.12.2004 - Recovery notice issued on 17.10.2011 held time-barred - Debt recovery permissible only within two years of borrower's death - Resultant awar...
Family Law - Custody of Children - Guardian and Wards Act, 1890 - Sections 8, 12, 25 - Custody granted to father despite pending FIR for abetment of wife's suicide - Acquittal from charges pivotal in deciding custody - Held, FIR under Section 306 IPC against the father cannot alone be a ground to deprive him of the custody of his children, especially when acquitted - Welfare of the children re...
Partnership Law - Dissolution and Tenancy Rights - Section 48 of Partnership Act, 1932 - The issue of whether tenancy rights, post-dissolution of a partnership firm, transfer to individual partners as separate tenants or remain as joint tenancy - Held, upon dissolution, tenancy rights do not transfer to individual partners but remain as joint tenancy - The erstwhile partners become joint tenants w...
Service Law - Seniority - Inter-Charge Transfer - Constitution of India - Articles 14, 16 - CBDT Circular dated 14.05.1990 - Petitioners transferred on compassionate grounds claim seniority from the date of joining the parent region - Seniority determined region-wise, transfer on request results in placement at the bottom of seniority list in the new region - Petitioners' seniority correctly f...
Civil Procedure - Registration of Decree - Section 100 of CPC - Whether a judgment and decree passed by a court acknowledging a prior family settlement with respect to a self-acquired property of a common ancestor is compulsorily registrable - Held, No - Family settlements acknowledged by court decrees do not require registration unless property is transferred through a decree - Appeal allowed, an...
Medical Reimbursement - Treatment Abroad - Articles 226/227 of Constitution of India - Petitioner's claim for reimbursement of medical expenses incurred during treatment abroad at Prince of Wales Hospital, Sydney, Australia, from 06.02.2012 to 10.02.2012 - Claim for reimbursement of travel expenses for petitioner and wife also made - Held, travelling allowance does not include airfare for over...