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 prescribed limitation period and the plaintiff was not aware of the prior sale deed when initiating the suit - Lower courts' reliance on assumptions about the plaintiff's knowledge of the prior sale was found erroneous - Appeal allowed [Paras 10, 13, 14].

Discretion in Granting Specific Performance - Legal Principles - Whether courts' discretion to grant specific performance should be guided by judicial principles based on sound reasoning - The court emphasized that judicial discretion must be based on reasonable and sound principles - The findings of the lower courts were set aside as they were not based on proper judicial discretion [Para 13].

Evaluation of Evidence - Payment and Validity of Agreement - Scrutiny of the facts showing that the agreement to sell and the payment of earnest money were proven, while the subsequent purchaser's claims of additional payments were found to be unsubstantiated - The registered sale deed did not reflect additional payments claimed by the subsequent purchaser, indicating an attempt to mislead the court - The evidence supported the plaintiff's claim [Paras 7, 9, 11].

Decision - Appeal Allowed - The court set aside the findings of the lower courts, holding that they did not exercise their discretion properly - Decree for specific performance granted - The appeal was allowed, and the decree for specific performance of the agreement to sell was granted based on the merits of the case [Paras 13, 14].

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 the defendant firm, asserting his capacity as an individual farmer and not as a partner of the firm - Held that the suit was rightly filed in the individual capacity of the plaintiff, and Section 69(1) of the Partnership Act did not bar the suit - Petition dismissed [Paras 10-12].

Role of Plaintiff as Farmer - Analysis - Held - The plaintiff's status as a farmer with an independent agricultural account in the firm distinguished his individual claims from partnership claims. The suit was based on personal agricultural transactions and not on partnership disputes - The court observed that the plaintiff's claims for the recovery of dues were as an individual farmer dealing with the firm, making Section 69(1) inapplicable [Paras 10-12].

Decision - Dismissal of Petition - The court dismissed the revision petition, affirming the trial court's decision that the suit in its present form was not barred by Section 69(1) of the Partnership Act - Emphasized that the rejection of the application under Order 7 Rule 11 CPC was correct as the suit did not arise from partnership disputes but from individual agricultural transactions [Para 13].

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 breach of lease deed and notice not sufficient to terminate tenancy – Interim injunction upheld – Revision dismissed. [Paras 1-23]

Civil Injunction - Lease Termination and Sub-letting – Analysis – Board must approach civil courts for lease termination – Civil courts have jurisdiction over civil disputes involving Wakf property – Breach of lease and serving notice do not terminate tenancy ipso facto – Sub-letting claims require judicial examination. [Paras 10-11]

Judicial Review – Wakf Tribunal vs Civil Courts – Consideration – Civil courts retain jurisdiction over certain civil disputes involving Wakf property – Apex Court precedents support civil court jurisdiction – Notification constituting Wakf Tribunal does not oust civil court jurisdiction in all matters – Disputes requiring factual examination and judicial process remain with civil courts. [Paras 12-20]

Decision – Revision Dismissed – Both courts below correctly granted interim injunction – Civil courts have jurisdiction over the dispute – No grounds to interfere with lower court orders – Petitions dismissed. [Paras 22-23]

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 – Respondent entitled to reimbursement of actual expenditure – Appeal dismissed. [Paras 1-6]

Government Policy - Medical Attendance Rules – Analysis – Policy dated 13.02.1995 allows treatment in private hospitals with reimbursement as per fixed rates or actual expenditure, whichever is less – No liver transplant facility available at the time in Punjab or AIIMS – Reimbursement of actual expenditure justified – Similar case precedent applied. [Paras 3-4]

Judicial Review – No Interference in Reasoned Order – Single Judge’s well-reasoned decision on reimbursement upheld – No reason to interfere with judgment – Application for condonation of delay in filing appeal also dismissed. [Paras 5-6]

Decision – Appeal Dismissed – Respondent entitled to reimbursement based on actual expenditure incurred for liver transplant – Delay application dismissed – Single Judge's order upheld. [Paras 5-6]

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 proceedings – Appropriate remedy is to approach the same court to apprise it of the fraud – Appeal allowed – Parties directed to appear before the lower court for reconsideration. [Paras 1-11]

Fraud and Misrepresentation – Analysis – Section 14 prohibits divorce petitions within one year of marriage – Respondent misstated marriage date to circumvent this – Appellant alleged marriage under pressure of rape case – Documents and testimonies indicate prima facie fraud – Appropriate remedy to recall and reconsider the decree in light of fraud. [Paras 3, 7, 8]

Judicial Review – Inherent Powers – Courts possess inherent powers to set aside orders obtained by fraud – Established principle that fraud vitiates all judicial proceedings – Case remanded to trial court for fresh consideration with opportunity for both parties to present evidence. [Paras 7-10]

Decision – Appeal Allowed – Judgment and decree dated April 5, 2014, set aside – Appellant directed to seek setting aside of the decree from the trial court – Parties to appear before the lower court for fresh proceedings – Lower court to pass a speaking order after hearing both parties and allowing evidence submission. [Paras 10-13]

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 – Petition allowed – Land not to be classified as Shamlat Deh. [Paras 1-5]

Revenue Records and Customary Practices – Analysis – Section 2(g)(5) defines Shamlat Deh as land used for common purposes – No material suggesting land’s use for village benefit – Wajib-ul-arz records land cultivated by shareholders – Management and benefits to possessors – Incorrect findings by authorities based on non-existent record – Land classified as Shamlat Patti, not used for common village purposes. [Paras 1-4]

Judicial Findings – Misinterpretation by Authorities – Commissioner’s findings on Banjar qadim land used for Bober grass incorrect – No record support – Conceded by respondents – Authorities ignored statutory definition and wajib-ul-arz – Petitioners' proprietary rights affirmed. [Paras 4-5]

Decision – Petition Allowed – Impugned orders by Collector and Commissioner set aside – Land recorded as Shamlat Patti, not Shamlat Deh – Not used for village common purposes as per revenue records – Petitioners' rights upheld. [Para 5]

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]

Government Policy - Contract Terms – Executive Decision – Policy change to progressive bidding – Cabinet decision upheld – No restriction on executive power to amend contracts in public interest – Petitioners’ argument against contract change rejected – Petition dismissed. [Paras 21-23]

Public Interest - Directive Principles – Policy Decision – Objective to curb illegal mining, reduce prices, maximize production, and increase revenue – Policy aligned with Articles 39(a) and 39(b) – Action in public interest – Petition dismissed. [Paras 28-30]

Opportunity of Hearing - Statutory Provisions – Right of hearing not vested unless termination involved – Policy change applies to ongoing contracts – No termination, thus no hearing required – Petition dismissed. [Paras 34-35]

Legitimate Expectation - Doctrine – No promise that contract terms would remain unchanged – Doctrine does not provide enforceable right – Public interest prevails – Petition dismissed. [Paras 37-38]

Decision – Petition Dismissed – Existing mining contracts subject to policy changes – State's decision to shift to progressive bidding upheld – Policy in public interest – No requirement for hearing as contracts not terminated – Legitimate expectation doctrine not applicable. [Paras 21-38]

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 violated Section 22-A – Petition allowed – Impugned orders quashed – Directions issued for payment of HRA and no salary deductions. [Paras 1-15]

Housing Allowance for Retired Judges – Analysis – Sub-section (1) of Section 22-A mandates rent-free official residence for High Court Judges – In absence of such residence, allowance payable – Petitioner repeatedly sought official accommodation – Non-provision led to entitlement to HRA – Precedent and Government decision upheld for allowance amount. [Paras 6-12]

Judicial Treatment – Government Correspondence – Examination of official communications showed arbitrary treatment – Instructions and decisions regarding allowances for other retired judges applied to petitioner – Recovery attempts and HRA denial unjustified. [Paras 10-14]

Decision – Petition Outcome – Petition allowed – Directions for HRA payment at Rs. 6000/- per month from office assumption date, adjusted for revisions – No deductions from petitioner's salary – Quashing of contrary orders – Cost made easy. [Paras 12-15]

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 assessment and release of goods - Writ petition filed - Chartered Engineer's inspection report confirmed goods as cold rolled coils with minor variation in thickness - Laboratory tests showed conflicting results - Held, goods were not prohibited - Detention was illegal, and petitioner was not liable for detention and demurrage charges. Responsibility lies with Customs Department. [Paras 55-89]

Held:

Illegal Detention and Demurrage Charges - Liability:

Goods were not prohibited.

Petitioner not liable for detention and demurrage charges due to illegal action of Customs Department.

Customs Department responsible for bearing the costs demanded by the Port Trust and Shipping Line​​.

Inspection and Testing:

Initial inspection by Chartered Engineer confirmed goods as cold rolled steel.

TCR Engineering Services' conflicting report did not justify continued detention.

Fresh samples tested at Bokaro Steel Plant confirmed cold rolled steel.

Customs' inaction and delay led to avoidable litigation and financial burden on petitioner​​.

Provisional Release:

Despite confirming reports, Customs delayed provisional release.

Provisional assessment should have been done to avoid demurrage charges.

Customs directed to take immediate steps for testing and provisional release in future cases to avoid similar issues​​.