Constitutional Law - Exemption from Municipal Laws - Articles 226 and 227 - Section 17 of Punjab New Mandi Townships (Development & Regulation) Act, 1960 - Notification by State Government exempting certain areas from the application of Punjab Municipal Act - Godowns in exempted area - Held, godowns constructed on specified land exempt from house tax - Municipal Council’s imposition of h...
Constitutional Law - Articles 226 and 227 - Qualifying Service for Pension - Petition for counting service rendered in Punjab Land Development and Reclamation Corporation as qualifying service for pensionary benefits - Corporation in the process of winding up when petitioner joined new assignment - Service to be counted despite petitioner joining new assignment before actual winding up - Relief gr...
Constitution of India - Articles 226/227 - Pensionary Benefits - Financial Crisis Not a Valid Reason - Held, financial crisis is not a justifiable reason to withhold pensionary benefits. Interest granted on delayed payments at 9% per annum from the date it became due till release.
Pensionary Benefits - Delayed Payments - Analysis - Held: Withholding of pensionary benefits wi...
Constitutional Law - Land Acquisition - Articles 226 and 227 - Sections 3(d) and 30 of Land Acquisition Act - Dispute on Apportionment of Compensation - Collector must refer disputes to the Principal Civil Court of original jurisdiction - Collector’s order adjudicating compensation entitlement quashed - Collector directed to refer the application to District Judge for detailed decision. [Par...
Specific Relief Act - Termination of Insurance Contract - Sections 14 and 34 - Maintainability of Suit for Declaration - On revocation of insurance contract, the plaintiff is entitled to file a suit for damages for wrongful termination, not for a declaration - Suit for declaration held not maintainable - Plaintiff must seek damages as per Section 14 of the Specific Relief Act. [Para 17]
...
Constitutional Law - Judicial Review - Articles 21, 226 - Scope of Commission of Inquiry - Expeditious Investigation - Principles of Natural Justice - Government of Punjab set up Commissions to investigate incidents of sacrilege and related violence - Reports of Zora Singh and Ranjit Singh Commissions challenged - Commissions' recommendations are advisory, not binding - Judicial revi...
Constitutional Law - Article 226 - Hindu Marriage Act - Section 12 - Punjab Civil Service Rules - Rule 6.17(3)(a) - Family Pension - Widow Remarriage - Void Marriage - Widow’s family pension stopped due to remarriage - Remarriage annulled by decree due to fraud - Family pension restored - Held, void marriage not considered remarriage for the purpose of stopping family pension. [Paras 16, 17]...
Civil Procedure - Appointment of Local Commissioner - Article 227 of Constitution - Order 26 Rule 9 CPC - Application to appoint local commissioner in execution proceedings dismissed by execution court - Held, physical demarcation necessary to determine encroachment - Local commissioner to be appointed to ascertain actual occupation of land - Civil revision maintainable where substantive rights ar...
Evidence Law - Secondary Evidence - Sections 63 and 65 of Evidence Act - Entries in Civil Court register not considered secondary evidence of judgments and decree - Registers only contain net results, not verbatim contents - Secondary evidence includes certified copies, copies made from the original, or oral accounts by someone who has seen the original - Application to prove judgments and decree ...
Specific Relief - Mandatory Injunction - Section 39 of Specific Relief Act - Breach of Obligation - Personal and not inheritable - Licensor died after filing the suit, extinguishing the license - Relationship between licensor and licensee does not continue post demise of licensor - License is not inheritable like tenancy - Decree of mandatory injunction set aside. [Paras 1, 6, 13, 14, 15]
 ...