Civil Procedure – Filing of Written Statement – Order VII Rule 1 CPC – Petition against order striking off defense for non-filing of written statement within prescribed period – Written statement to be filed within 30 days of service, extendable to 90 days – Extension beyond 90 days not to be routine – High Court holds no date on record showing service of summon...
Family Law – Divorce – Grounds of Cruelty and Desertion – Appeal against decree of divorce granted on grounds of cruelty and desertion – Husband alleged that wife misbehaved, insulted him and his family, and left matrimonial home without informing him – Also alleged that wife aborted child without his consent – Held, acts of cruelty, if any, by the wife stood co...
Education Law – Deemed University – Recognition of Diplomas – Petitioner obtained a diploma in Civil Engineering from Maharishi Markandeshwar Engineering College, a deemed university – Applied for Junior Engineer (Civil) post – Rejected due to lack of recognition by HSBTE – Held, deemed university recognized under UGC Act, 1956, does not require HSBTE's reco...
Land Dispute – Appointment of Local Commissioner – Permanent Injunction – Respondent filed suit for injunction against installation of mobile tower on land claimed to be co-shared – Appellants argued land belonged to them, adjacent to respondent’s land – Local Commissioner appointed to resolve land identity dispute – Appellants contended appointment illega...
Civil Procedure – Evidence Act – Negotiable Instruments – Limitation – Recovery of Loans – Appellant (defendant) denied borrowing money from respondent (plaintiff firm) – Plaintiff firm maintained regular accounts inspected by tax authorities – Defendant’s signature on account books supported by wife and witness signatures – Held, books of acco...
Land Acquisition – Public Purpose – Allegations of Favoritism – Petitioners challenged the acquisition of approximately 2 acres of their land for a road construction project, alleging the acquisition primarily benefited a real estate developer, respondent No. 5 – Held, proposed acquisition was for 386.53 acres and included a significant portion of land from respondent No. 5...
Family Law – Divorce by Mutual Consent – Lien Over Ancestral Property – Appellant and respondent obtained a decree of divorce by mutual consent – Appellant paid maintenance to respondent for herself and their minor daughter – Trial court issued directions that the daughter would retain a lien over ancestral property of the appellant and his father – Held, trial ...
Service Law – Disability During Service – Non-Discrimination – Petitioner's husband, a Library Attendant, suffered an attack and remained in a coma, later granted premature retirement and family pension under Rule 5.11 of the Punjab Civil Services Rules – Petitioner argued services could not be dispensed with under Section 47 of the Disabilities Act – Respondent c...
Service Law – Promotion – Scheduled Caste Quota – Petitioners, SC constables, were promoted as Head Constables in 1990 from List C-I due to backlog of SC candidates – In 1998, show cause notices alleged promotion in excess of quota and proposed reversion – Petitioners’ promotions to ASI and SI entangled – Held, promotions were valid from List C-I to fill S...
Service Law – Dismissal of Tehsildar – Proportionality of Punishment – Petitioner, a Tehsildar, dismissed for sanctioning mutation of provincial corpus land to a Church without corruption allegations – Disciplinary proceedings questioned for delay and lack of bribe or corrupt practice charges – Held, dismissal excessive, lacked evidence of financial loss to Government...