Motor Vehicles Act - Survival of Claim - Sections 110-A, 166 - Indian Succession Act - Section 306 - Death of injured claimant during appeal - Claim for personal injuries abates if death not due to injuries - Legal representatives can prosecute claim for loss of estate - Legal representatives entitled to prosecute for enhancement of compensation related to loss of estate but not for personal injur...
Constitutional Law - Doctrine of Bias - Articles 226 and 227 - Central Excise Tariff Act - Request for Transfer of Appeal - Petitioner alleged bias as the Commissioner (Appeals), Ludhiana, was the wife of the Commissioner who reviewed the order being appealed - Doctrine of bias emphasized justice must be seen to be done - Reasonable apprehension of bias suffices to invoke the doctrine - Writ petit...
Pension Law - Retirement Age - Article 226 of Constitution - Extension of Service Post-Superannuation - Petitioner retired as Senior Lab Assistant at age 58, extended service till 11.06.2013 - Pension should be based on pay drawn till 11.06.2013 - Held, pension to be fixed as per pay drawn on date of original retirement, i.e., 31.03.2011, as per applicable rules - Writ petition dismissed. [Paras 4...
Constitutional Law - Article 226 - Cooperative Societies - Sections 54, 55, 56 of Punjab Cooperative Societies Act - Cooperative Banks not considered 'State' under Article 12 - Writ petition against a Cooperative Bank not maintainable - Cooperative Societies not administered or controlled by State Machinery - No writ jurisdiction over Cooperative Societies - Petition seeking release of pen...
Specific Relief Act - Declaration of Ownership - Section 34 - Suit for declaration claiming ownership and possession of suit land - Registered sale deed typically cannot be set aside for non-payment of consideration unless the sale deed includes a specific clause allowing such cancellation - Rule of lis pendens does not apply if the previous litigation was collusive - First Appellate Court’s...
Registration of Compromise Decree - Section 17 of Registration Act, 1908 - Compromise decree relating to immovable property subject to previous litigation - Not required to be registered - First Appellate Court's decision erroneous - Compromise decree not required to be registered unless it involves property not subject matter of the suit - Regular Second Appeal allowed. [Paras 3, 10]
 ...
Service Law - Suspension Period Benefits - Rule 7.3(2) of Punjab Civil Services Rules, 1970 - Employee acquitted of criminal charges to be treated as innocent and entitled to all benefits during suspension - Petitioner suspended due to criminal proceedings, remained suspended for seven years, and acquitted at trial - Entitled to full salary and consequential benefits for suspension period - Order ...
Civil Procedure - Jurisdiction - Section 20, Order 37, Rule 1 of CPC - Amending Act of 1976 - Suit filed at Bathinda based on dishonored cheque - Defendants filed for dismissal due to lack of jurisdiction, arguing summary suits should be tried only in District Courts of Amritsar per Rule 81 - Court at Bathinda has jurisdiction as cheque was dishonored there - Rule 81 inconsistent with amended Orde...
Partnership Law - Entitlement of Legal Heirs - Sections 37 and 48 of Partnership Act, 1932 - Legal heirs of a deceased partner entitled to share in profits or 6% per annum interest on the share of the deceased partner from the date of death till payment - Immovable properties, including machines and stock, to be either physically divided or valued and paid accordingly - Legal heirs cannot insist o...
Compassionate Appointment - Judicial Review - Clause X of Letters Patent - Article 226 of Constitution of India - Respondent applied for compassionate appointment beyond six-month limit stipulated by policy circular dated 02.02.1977 - Supreme Court precedent holds that High Court cannot rewrite terms of policy in judicial review - Appeal allowed, Single Judge's order set aside. [Paras 8, 10]
...