Constitutional Law – Contempt of Court – Articles 129 and 142 of the Constitution – The Supreme Court has inherent powers as a Court of Record to punish for contempt – These powers cannot be abridged or taken away even by legislative enactment – Comparison of Articles 129 and 142 shows no restriction on the Supreme Court's powers to punish for contempt, unlike cla...
Land Acquisition – Market Value – Sections 4 and 6 of the Land Acquisition Act, 1894 – Enhancement of compensation – Land acquired for housing project – Sale deed dated 11.01.1990 for small parcel (5 1/2 cent) considered for determining market value – Suitable deduction of 60% applied due to small size of the parcel – Market value determined at Rs. 1191 pe...
Civil Procedure – Second Appeal – Section 100 CPC – Section 41 of the Punjab Courts Act, 1918 – Findings of fact – Jurisdiction – Second appellate jurisdiction under Section 41 of the Punjab Courts Act is limited to errors in law or procedure, not merely errors on questions of fact – High Court cannot interfere with findings of fact unless there is a legal...
Constitutional Law – Recruitment – Articles 14 and 16 – Upper age limit – Rehbar-e-Taleem (Re-T) scheme – The scheme and advertisement specified 'as far as possible' the upper age limit as 35 years – High Court held this phrase to be directory – However, Supreme Court held that interpreting it as directory would give unbridled discretion to authori...
Civil Procedure – Summons – Order 5 Rule 9(5) CPC – Summons sent by registered post returned with postal endorsement 'refusal' – Due service presumed – When a notice is sent by registered post and is returned with endorsements like 'refused' or 'not available in the house', due service is presumed – Defendant cannot seek setting aside of ...
Insurance Law – Motor Vehicles – Expired Temporary Registration – The vehicle's temporary registration had expired before the theft – Driving or using a vehicle without valid registration constitutes a fundamental breach of the policy – Insurance claim for theft denied due to violation of Sections 39 and 192 of the Motor Vehicles Act, 1988 [Paras 10-13].
Consum...
Pension Law – Late Entrant – Regulation 15 of Pension Regulations, 1961 – Officer not eligible as "late entrant" – Resignation vs. Voluntary Retirement – Resignation does not qualify for pensionary benefits under Regulation 15 – Respondent's resignation based on lack of promotional prospects – No entitlement to relaxation under "late ent...
Contract Law – Lease Agreement – Lease deed dated 08.11.2011 was the basis of the appellant's application for dealership – Lease to commence from the date of approval of the petrol pump – Lease deed considered a firm offer rather than an effective lease as of the application date [Paras 4-14].
Registration Act – Section 47 – Application – Registered...
Insolvency Law – Limitation – Application under Section 7 of the Insolvency and Bankruptcy Code – Burden of proving the occurrence of default and the application within the limitation period is on the financial creditor – Adjudicating Authority can consider material from both financial creditor and corporate debtor – Application not barred by limitation if there is ac...
Evidence Law – Exclusion of Oral Evidence – Oral evidence to contradict written agreements is generally excluded – Exception exists when the document is alleged to be a sham transaction – No evidence of fraud, intimidation, illegality, or failure of consideration was present to permit oral evidence against the sale deed – Findings of the First Appellate Court and High...