Employees’ Compensation – Penalty and Interest – Pay and Recover – Truck driver employed by respondent No. 4 died in an accident – Insurance policy held by appellant covered legal liability – Commissioner awarded compensation, interest, and 25% penalty against insurance company – Appellant contended penalty liability rests with employer – Held, emplo...
Land Law – Re-determination of Surplus Land – Death of Landowner – Petitioners challenged the orders declaring surplus land under the 1953 Act – Original landowner Chandgi's land declared surplus in 1959 – Financial Commissioner set aside the 1959 order and remanded the case – Allotments made in 1976 set aside by High Court – Fresh determination of sur...
Education Law – Bond Requirement – Return of Certificates – Petitioner gained admission in MD course in Physiology under the All India Quota and later secured admission in another institution – Government College, Patiala, refused to return original certificates, demanding ₹15 lakhs as per bond – Held, bond requirement for All India Quota students not stipulated in ...
Service Law – Constitution of India – Articles 14, 16, 226 – Withdrawal of Service Benefits – Petitioners were deputed and granted benefits under the 'Next Below Rule' as per Rule 4.13 of Punjab Civil Services Rules – Benefits withdrawn without notice or hearing – Held, principles of natural justice violated – Actions of respondent authorities arbi...
Civil Procedure – Withdrawal and Fresh Suit – Formal Defect – Petitioner's application to withdraw suit with liberty to file afresh on the same cause of action was dismissed by the lower court – Suit inherently flawed with incurable defects – Held, court can permit withdrawal with liberty to file afresh if suit likely to fail due to formal defect – Plaintiff...
Civil Procedure – Second Appeal – Evidence Act – General Power of Attorney – Trial Court upheld the validity of the GPA and sale deed executed by GPA holder Rajinder Pal Singh, dismissing the suit – First Appellate Court reversed the decision, interpreting GPA as limited to management purposes only – Held, First Appellate Court's finding contrary to evidence...
Civil Procedure – Second Appeal – Temporary Injunction – Land Grabbing – Appellants alleged possession over property acquired by Improvement Trust – Suit filed 17 years ago seeking injunction based on manipulated records – Held, discretionary relief of injunction rightly declined due to manipulation and illegal possession – Trust allowed to remove appellan...
Excise Law – Allotment of Liquor Vend – Interpretation of ‘Near’ – Petitioners were allotted an L-2 vend near CTU Workshop as per Excise Policy 2014-15 – Vend opened approximately 900 meters from CTU Workshop – Respondent claimed vend should be within 50 meters – Excise and Taxation Commissioner ordered closure of petitioner’s vend at existing ...
Employees’ Compensation – Pay and Recover Principle – Breach of Policy Terms – Various insurance companies appealed against orders by Commissioners under the Employees’ Compensation Act awarding compensation to claimants despite breaches of policy terms by employers – Held, insurance companies not liable under breached policies must pay claimants first and then ...
Hindu Marriage Act – Divorce – Cruelty and Desertion – Petition for dissolution of marriage filed by husband alleging wife left matrimonial home leaving three minor children and filed false criminal charges against him – Trial Court dismissed petition – Held, wife's allegations under Sections 498-A, 406, and 506 IPC found baseless – False criminal charges an...