Punjab Civil Services (Premature Retirement) Rules, 1975 - Integrity of Judicial Officer - Judicial officer's premature retirement upon completing twenty years of service - High Court found serious anomalies in officer's judgments - Officer failed to mention crucial details like the 'salt' and quantity of contraband in NDPS Act cases - Awarded sentences below mandatory minimums. He...
Civil Procedure - Injunction - Onus of Proof - Permanent injunction sought by plaintiffs to restrain defendant from interfering with possession of suit land - Onus to prove possession on date of suit and alleged dispossession during suit lies on plaintiffs - Plaintiffs failed to establish possession and took contradictory stands - Appeal partly allowed, suit dismissed concerning constructed portio...
Motor Vehicles Act - Compensation - Rash and Negligent Driving - Preponderance of Probabilities
Compensation for Fatal Accident - Preponderance of Probabilities – Deceased suffered fatal injuries in an accident involving a school bus, remained under treatment for five months, and eventually died – Tribunal awarded Rs. 37,400/- but did not link death to accident injuries du...
Stamp Duty - Deficiency - Time Limit for Action by Sub-Registrar
Deficiency in Stamp Duty - Reference by Sub-Registrar – Petitioners exchanged their land in Jodhpur for land in Sonepat – Transfer deed registered without objection, mutation sanctioned – Sub-Registrar raised objection and made reference for recovery of deficient stamp duty and registration fee more tha...
Family Law - Divorce by Mutual Consent - Extension of Statutory Period
Extension of Period Under Section 13-B(2) of Hindu Marriage Act – Joint petition for divorce by mutual consent filed – Appellant-wife received Rs. 7 lakhs out of agreed Rs. 15 lakhs at first motion – Respondent-husband failed to pay remaining Rs. 8 lakhs within statutory period due to financial constraints ...
Civil Procedure - Amendment of Plaint - Determining Real Question in Controversy
Amendment of Plaint for Inadvertent Omission – Petitioner sought to amend plaint to include details of an additional piece of land omitted inadvertently – Trial Court dismissed the application due to a delay of over three years and lack of explanation – Held, although petitioner was not ...
Service Law - Post-Retiral Dues - Interest on Delayed Payment Interest on Delayed Post-Retiral Dues – Petitioner claimed interest on delayed payment of retiral benefits – Held, delay caused due to petitioner’s failure to complete formalities – No intentional or willfuldelay by respondents – Petitioner not entitled to interest on delayed payments – Tribunal's...
Property Law - NRI Landlord - Eviction under Section 13B- Owner Definition under Section 13B – Petitioners challenged respondent's status as the owner, claiming absence of a conveyance deed – Held, ownership as per transfer letter from Punjab Urban Planning and Development Authority suffices – Ownership for over five years established – Tenant estopped from challen...
Mining Law - Surrender of Mining Contract - Refund of Security - Surrender of Mining Contract Due to Infeasibility – Petitioner awarded mining contract through e-auction, deposited security amount, and granted LoI – Survey revealed 50% of the mining area was unsuitable due to afforestation, commercial establishments, cultivation, tube wells, and cremation grounds – Petitioner sou...
Constitutional Law - Pension for High Court Judges - Break in Service
Pension Computation - Blending of Service Periods – Petitioner served in Subordinate Judicial Service from 11.05.1981 to 31.07.2014 and as a High Court Judge from 25.09.2014 to 04.07.2016 – Central Government denied counting High Court service for pension due to a break of 1 month and 24 days – Hel...