Contract Law - Forfeiture of Earnest Money - Second Appeal - Section 100 CPC - Defendant not required to prove loss or issue notice before forfeiting earnest money if plaintiff fails to perform contract - Written contract terms binding - Defendant only needs to prove plaintiff’s lack of readiness and willingness to perform - Appeal allowed, trial court's judgment restored. [Paras 2, 8]
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Constitutional Law - Pensionary Benefits - Article 226 - Employees who were in service prior to January 1, 2004, on daily wage or adhoc basis, and whose services were regularized after this date are governed by the old pension scheme - Denial of pensionary benefits on the ground of being governed by the new pension scheme is unsustainable - Petition allowed. [Paras 6, 8]
Employment La...
Pension Law - Withholding of Pension - Rule 2.2(a) of Punjab Civil Services Rules, 1970 - Withholding of 100% provisional pension due to grave misconduct - Held, more than one-third of the sanctioned pension cannot be withheld even upon conviction for a grave misconduct - Pensioner must be left with adequate amount for maintenance - Impugned order set aside and fresh order directed to be passed in...
Criminal Law - Dowry Death - Section 304-B IPC - Delay in Lodging FIR - Case of prosecution cannot be discarded solely on delay grounds - Evidence led by prosecution found trustworthy and reliable - Delay of few hours in lodging FIR not significant - FIR contents show clear dowry demand by appellants - Appeal dismissed. [Paras 38, 42, 43]
Medical Evidence - Cause of Death - Section 30...
Administrative Law - Correction of Name - Article 226 of Constitution of India - Rule 69.1(ii) CBSE Rules - Correction of mother's name in matriculation certificate sought for filling admission forms in colleges supported by relevant documents and affidavit of mother - CBSE denied request on the ground that school records do not support the desired correction - Held, denial unsustainable - Wri...
Motor Vehicles Act - Liability of Insurer - Section 166 - Accident involving a vehicle with an allegedly invalid driving license - Tribunal held that the driver’s license was not valid, placing primary liability on the vehicle owner and driver, with insurer granted recovery rights - Appeal allowed, insurer directed to bear liability without recovery from the insured. [Paras 1, 14, 15]
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Civil Procedure - Ad Valorem Court Fees - Order 7 Rule 11 CPC - Plaintiff filed suit for declaration and alternatively for possession - Defendant's application under Order 7 Rule 11 CPC to compel plaintiff to pay ad valorem court fees allowed - Plaintiff argued that sale deeds were executed through misrepresentation and without authority after the power of attorney was cancelled - Court held t...
Evidence Law – Primary vs. Secondary Evidence – Registered Will – Registered Will kept in the office of the Sub-Registrar, bearing signatures and photographs of the testator and attesting witnesses, is primary evidence – Second copy of a registered testament has all characteristics of original testament – Registered Will not to be considered secondary evidence. [Paras...
Civil Procedure – Lifting the Veil – Courts’ Duty – Courts must make sincere attempts to lift the veil and expose any sinister design even in civil litigation – Decisions should not be perfunctory or cursory – Lower courts failed to scrutinize the motives behind the litigation. [Para 28]
Amendment of Pleadings – Original Pleadings’ Signi...
Benami Transactions – Prohibition – Order 7 Rule 11 CPC – Suit for declaration of ownership of property purchased in another's name, alleging fiduciary relationship – Application for rejection under Order 7 Rule 11 CPC dismissed – Held, legislature prohibited benami transactions, except in specified cases under Section 4(3) of the 1988 Act – Court to conside...