Family Law - Interim Maintenance - Maintenance for Children under Section 24 – Petitioner challenged the order granting interim maintenance of ₹2000 per month to the wife and ₹2500 per month each to minor children – Marriage solemnized in 2008 with two children born from wedlock – Wife left matrimonial home in 2013 and filed application under Section 24 for interim maintenanc...
Service Law - Promotion Post-Acquittal and Exoneration – Petitioner, previously reverted and placed under suspension with two disciplinary proceedings initiated, exonerated in one and punished in another – Acquitted in criminal case on 30.04.2016 – Held, cause of action for seniority, promotion, and re-fixation of pay arises from acquittal date – Respondents directed to rec...
Constitutional Law - Pre-deposit Requirement for Appeals - Validity and Discretion – Petition challenged the requirement under Section 19 of the 2006 Act to deposit 75% of the decretal amount as a precondition for entertaining an appeal – Held, while the validity of Section 19 upheld, the pre-deposit requirement is not mandatory – Court empowered to waive, partially or completely...
Civil Procedure - Closure of Evidence - Court's Duty to Ensure Witness Attendance – Trial Court closed the plaintiff’s evidence despite the plaintiff depositing requisite charges for summoning two official witnesses – Held, it is the court's duty to ensure the presence of official witnesses once requisite charges are deposited – Court should have adopted coercive me...
Rent Law - Amendment of Ejectment Petition - Procedural Fairness – Landlady sought to amend the ejectment petition by including necessary ingredients under Section 13(3)(a)(i)(b)(c) of the East Punjab Urban Rent Restriction Act – Application for amendment dismissed by Rent Controller as it was filed at a late stage after cross-examination and closing of evidence – Revision allowe...
Rent Law - Bona Fide Requirement - Landlord's Right to Eviction – Eviction petition filed in 2010 for the landlord’s sons’ use upheld by Rent Controller and Appellate Authority – Tenant contended property was sold and sons’ needs not genuine due to their marriage and existing businesses – Held, sons dependent on landlord for residence and business – Sa...
Civil Procedure - Rejection of Plaint - Exceptional Circumstances – Petitioner's application for rejection of plaint under Order 7 Rule 11 CPC dismissed by Rent Controller – Held, plaint can only be rejected in exceptional circumstances – Court must scrutinize averments in the plaint – Written statement is irrelevant for deciding Order 7 Rule 11 application – Rent...
Constitutional Law - Estate Management Procedure - Revision of Plot Prices – Petitioner applied for and was allotted an industrial plot during the financial year 2015-16 when the price was fixed at ₹6,740/- per square meter – Rates were revised to ₹12,000/- per square meter w.e.f. 01.04.2016 – Held, the Board of Directors has the power to revise prices annually on 1st April &...
Constitutional Law - Articles 226 and 227 - Bar Association Elections – Petitioner contested for the post of President in District Bar Association, Kapurthala – Nomination papers invalidated post-election on grounds of cheque alteration – Held, Returning Officer's action of entertaining objection post-election is malafide and illegal – Petitioner should have been grante...
Constitutional Law - Article 226 - Recovery of Pension – Petitioner, an old pensioner retired 30 years ago, faced monthly pension recovery without prior notice – Held, recovery of excess pension after 30 years illegal – No evidence petitioner gave an undertaking for recovery of excess payments – Applying principles from Rafiq Masih and Jagdev Singh, court held recovery iniq...