Civil Procedure - Res Judicata - Section 11 CPC - Previous Judgment Binding in Subsequent Suit - The court held that the previous judgment, where it was determined that Pritam Kaur @ Prito was not the widow of Teja Singh, operates as res judicata in the subsequent suit. This decision on an issue directly and substantially in issue in the previous suit precludes re-litigation of the same ...
Specific Performance - Limitation and Knowledge of Sale - Regular Second Appeal against lower courts' judgments - Suit for specific performance filed within the limitation period but more than a year after the sale deed to the subsequent purchaser - Plaintiff unaware of the prior sale at the time of suit filing - The suit could not be considered belated as it was filed within the pre...
Civil Procedure - Rejection of Plaint - Partnership Firm Registration - Revision Petition under Article 227 of the Constitution of India against the dismissal of application under Order 7 Rule 11 CPC - Recovery suit filed in individual capacity as a farmer, not barred by Section 69(1) of the Partnership Act - The plaintiff filed the suit for recovery of the price of agricultural produce sold to th...
Wakf Property - Civil Jurisdiction – Civil Revision – Jurisdiction of Civil Courts – Lease Agreement – Plaintiff filed suit for permanent injunction – Defendants claimed lease termination due to sub-letting – Held, civil courts have jurisdiction in civil disputes regarding Wakf property – Lease termination requires civil court proceedings – Mere brea...
Medical Reimbursement - Liver Transplant – Letters Patent Appeal – Government's reimbursement based on rates fixed by Director, Health and Family Welfare, Punjab – Respondent sought reimbursement based on actual expenditure – Facility for liver transplant not available in Punjab Government hospitals or AIIMS, New Delhi – Upholding Single Judge's decision &ndas...
Hindu Marriage Act, 1955 - Divorce by Mutual Consent – Appeal – Allegation of Fraud – Petition under Section 13-B filed within 18 days of marriage – Wrong date of marriage mentioned to meet one-year separation requirement under Section 14 – Appellant-wife alleged fraud by respondent to avoid rape charge – Decree obtained through fraud on court vitiates proceedin...
Punjab Village Common Lands (Regulation) Act, 1961 - Definition of Shamlat Deh – Writ Petition – Land recorded as Shamlat Patti – No evidence of use for Panchayat's benefit – As per wajib-ul-arz, land managed by shareholders, fruits shared among those in possession – Collector and Commissioner’s orders ignoring wajib-ul-arz and records set aside – Peti...
Mining Law - Auction Methods – Writ Petition – Change from reverse bidding to progressive bidding – State pre-determines costs in reverse bidding – Lowest bid wins contract – Progressive bidding removes cap on sale price – Bidders determine mine value – Higher revenue expected from progressive bidding – Petition dismissed. [Paras 4-5A]
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High Court Judges (Conditions of Service) Act, 1954 - House Rent Allowance – Writ Petition – Entitlement to benefits as admissible to a sitting Judge – Petitioner, retired judge and President of State Consumer Disputes Redressal Commission, denied official residence – Held, entitled to HRA @ Rs. 6000/- per month – Respondent's failure to provide accommodation viol...
Constitution of India, 1950 - Article 226 - Customs Act, 1962 - Section 18 - Major Ports Trusts Act, 1963 - Handling of Cargo in Customs Area Regulations, 2009 - Illegal detention of imported goods - Petitioner imported defective/secondary cold rolled coils - Directorate of Revenue Intelligence (DRI) directed to put the consignment on hold - Despite reminders, no action taken for provisional asses...