Specific Relief Act - Termination of Insurance Contract - Sections 14 and 34 - Maintainability of Suit for Declaration - On revocation of insurance contract, the plaintiff is entitled to file a suit for damages for wrongful termination, not for a declaration - Suit for declaration held not maintainable - Plaintiff must seek damages as per Section 14 of the Specific Relief Act. [Para 17]

Contract Law - General Insurance - Section 124 of Indian Contract Act - Termination before Expiry - Contracts of indemnity can be terminated before expiry of the term - Insurance companies or owners can walk out of such contracts by providing sufficient notice - Insurance contracts are terminable before the end of the term as per the contract's terms. [Para 18]

Court's Reasoning - Analysis of First Appellate Court’s Findings - The First Appellate Court erred in its judgment by overlooking the rights of the insurer under the insurance contract - The insurance company exercised its contractual right to terminate the policy by giving sufficient notice - The public interest argument and the compulsory nature of third-party insurance do not override the contractual terms allowing termination. [Paras 11-15]

Decision:

The regular second appeal is allowed. The judgment of the First Appellate Court is set aside, and the judgment of the trial court dismissing the suit for declaration is restored. The plaintiff's remedy lies in filing a suit for damages for wrongful termination of the insurance contract.

Constitutional Law - Judicial Review - Articles 21, 226 - Scope of Commission of Inquiry - Expeditious Investigation - Principles of Natural Justice - Government of Punjab set up Commissions to investigate incidents of sacrilege and related violence - Reports of Zora Singh and Ranjit Singh Commissions challenged - Commissions' recommendations are advisory, not binding - Judicial review permissible but no fault found in Vidhan Sabha's resolution to withdraw investigation from CBI - Commissions recommended actions, State Government responsible for implementation. [Paras 22, 23, 32, 33]

Police Investigation - Withdrawal of Consent to CBI - Section 6 DSPE Act - Investigation of specific FIRs initially transferred to CBI - Vidhan Sabha resolution and subsequent State Government notifications withdrew consent - Investigation reverted to State authorities - Court upheld State's decision - CBI's investigation had made little progress, State entitled to withdraw consent. [Paras 25, 31, 33]

Procedural Fairness - Right to Cross-Examination - Sections 8-B, 8-C of Inquiry Act - Commission proceedings not equivalent to a trial - Petitioners argued lack of opportunity for defense - Court noted Commission's role is fact-finding, not adjudicatory - Petitioners had opportunities to present their case - No violation of natural justice found. [Paras 41, 44]

Public Interest - Effective Investigation - Need for prompt and transparent investigation highlighted - Successive Commissions not a substitute for professional inquiry by investigating agencies - Investigations should focus on uncovering the truth using forensic methods - Commissions serve to inform government policy, not execute judicial functions. [Paras 36, 47]

Decision:

The petitions are dismissed. The court finds no merit in the challenge to the reports of the Zora Singh and Ranjit Singh Commissions or the withdrawal of consent for CBI investigation. The Special Investigation Team (SIT) is expected to conduct a fair, impartial, and expeditious investigation, free from external pressure.

Constitutional Law - Article 226 - Hindu Marriage Act - Section 12 - Punjab Civil Service Rules - Rule 6.17(3)(a) - Family Pension - Widow Remarriage - Void Marriage - Widow’s family pension stopped due to remarriage - Remarriage annulled by decree due to fraud - Family pension restored - Held, void marriage not considered remarriage for the purpose of stopping family pension. [Paras 16, 17]

Family Pension - Valid Marriage Requirement - Family pension entitlement stops on valid remarriage - Void marriage due to fraud does not qualify as remarriage - Petitioner entitled to restoration of family pension from the date it was stopped - Pension cannot be denied due to a fraudulent remarriage that was annulled. [Paras 16, 17]

Court’s Reasoning - Fraudulent Marriage Annulment - Competent court’s annulment of second marriage due to fraud validates restoration of widow status - Pension rules focus on valid remarriage for termination of pension benefits - Fraudulent remarriage annulled cannot impact family pension rights. [Para 16]

Decision:

The writ petition is allowed. The respondents are directed to restore the petitioner's family pension from the date it was stopped and to pay the arrears within two months from the receipt of the certified copy of this order.

Civil Procedure - Appointment of Local Commissioner - Article 227 of Constitution - Order 26 Rule 9 CPC - Application to appoint local commissioner in execution proceedings dismissed by execution court - Held, physical demarcation necessary to determine encroachment - Local commissioner to be appointed to ascertain actual occupation of land - Civil revision maintainable where substantive rights are involved. [Paras 19, 20, 21]

Property Law - Determination of Possession and Encroachment - Substantive rights of ownership or possession adjudicated by competent court - Where rights are contested, physical demarcation by local commissioner necessary - Appointment of local commissioner justified to resolve disputes on possession and encroachment. [Paras 12, 13, 19]

Court's Reasoning - Rule 9 of Order 26 CPC allows local investigations for elucidating disputed matters - Physical demarcation is only method to ascertain encroachment in contested cases - Execution of decree dependent on accurate demarcation of property - Rejection of local commission application by execution court overturned. [Paras 14, 15, 20]

Decision:

The petition is allowed. The impugned order of the execution court is set aside. The execution court is directed to appoint an experienced revenue officer as a local commissioner to determine whether the respondent is in occupation of only khasra no. 61/1 or any part of khasra no. 61/3 in the revenue estate of village Jeewan Chak, Tehsil and District Gurdaspur. No order as to costs.

Criminal Law - Abetment of Suicide - Conviction under Section 306 IPC - Requirement of Positive Evidence - Indian Penal Code, 1860 - The appellant, convicted for abetment of suicide based on allegations of harassment in a suicide note, was acquitted. The court held that there must be cogent evidence proving that the appellant had any direct role in abetting the deceased to commit suicide. Mere allegations of harassment were insufficient for conviction under Section 306 IPC. [Paras 23, 28]

Evidence - Allegations of Harassment - Lack of Direct Role - Acquittal - The court found that the prosecution failed to prove that the appellant had a direct role in instigating or aiding the deceased to commit suicide. The trial court's conviction was based on the same evidence that led to the acquittal of the deceased's wife, indicating inconsistency and lack of substantial evidence. [Paras 24, 26]

Legal Precedents - Requirement of Instigation or Positive Act - Mens Rea for Abetment - Citing Supreme Court judgments, the court reiterated that for a conviction under Section 306 IPC, there must be clear mens rea and a direct act of instigation or facilitation leading to the suicide. Without such evidence, a conviction cannot be sustained. [Paras 15-19]

Decision - Acquittal of Appellant - Setting Aside Conviction and Sentence - The appellant was acquitted, and the conviction and sentence under Section 306 IPC were set aside. The court emphasized the lack of direct evidence linking the appellant to the act of abetment, highlighting inconsistencies in the prosecution's case. [Paras 28-29]

Evidence Law - Secondary Evidence - Sections 63 and 65 of Evidence Act - Entries in Civil Court register not considered secondary evidence of judgments and decree - Registers only contain net results, not verbatim contents - Secondary evidence includes certified copies, copies made from the original, or oral accounts by someone who has seen the original - Application to prove judgments and decree sheets from register entries dismissed - Revision petition dismissed. [Paras 1, 6]

Legal Principle - Definition of Secondary Evidence - Section 63 of Evidence Act - Certified copies, mechanical copies, compared copies, counterparts, and oral accounts by witnesses qualify as secondary evidence - Entries in court register do not meet this standard as they lack detailed judgment content. [Para 6]

Court's Reasoning - Judicial Record Destruction - Record destroyed in a fire does not automatically permit use of register entries as secondary evidence - Legal requirement for secondary evidence must be met - Petitioner can prove entries by calling records from the Record Room as allowed by law. [Para 6]

Decision:

The revision petition is dismissed. The order of the Additional Civil Judge (Sr. Div.), Faridkot, dismissing the application to prove judgments and decree sheets through Civil Court register entries, is upheld. The petitioner and proforma respondents/defendants are permitted to prove entries by calling them from the Record Room in accordance with law.

Specific Relief - Mandatory Injunction - Section 39 of Specific Relief Act - Breach of Obligation - Personal and not inheritable - Licensor died after filing the suit, extinguishing the license - Relationship between licensor and licensee does not continue post demise of licensor - License is not inheritable like tenancy - Decree of mandatory injunction set aside. [Paras 1, 6, 13, 14, 15]

Legal Principle - Licensee Rights - License not transferable or heritable - Rights purely personal between grantor and licensee - Licensor’s death terminates the license - Breach of obligation during licensor's lifetime only actionable - Legal representatives' rights can be asserted in separate proceedings based on different cause of action. [Paras 13, 14]

Decision:

The regular second appeal is allowed. The judgment and decree of the Lower Appellate Court are set aside, and the trial court’s judgment is restored. The decree of mandatory injunction for handing over possession is found unsustainable and reversed.

Contract Law - Forfeiture of Earnest Money - Second Appeal - Section 100 CPC - Defendant not required to prove loss or issue notice before forfeiting earnest money if plaintiff fails to perform contract - Written contract terms binding - Defendant only needs to prove plaintiff’s lack of readiness and willingness to perform - Appeal allowed, trial court's judgment restored. [Paras 2, 8]

Ready and Willing to Perform - Evidence Requirement - Plaintiff’s financial capability to pay balance sale consideration found insufficient - Plaintiff failed to appear on required date and delayed action for over a year - Defendant’s forfeiture of earnest money justified based on plaintiff’s failure to perform contractual obligations. [Paras 4, 6, 7]

Court's Reasoning - Trial Court’s Findings - Trial court’s findings on plaintiff’s inability to pay and lack of timely action upheld - First appellate court’s requirement for proof of loss and notice before forfeiture found erroneous - Contractual terms permitting forfeiture without additional proof deemed valid. [Paras 8, 9, 10]

Decision:

The second appeal is allowed. The judgment of the first appellate court is set aside, and the trial court's judgment is restored. The plaintiff is not entitled to the refund of earnest money. Pending applications, if any, are also disposed of accordingly.

Constitutional Law - Pensionary Benefits - Article 226 - Employees who were in service prior to January 1, 2004, on daily wage or adhoc basis, and whose services were regularized after this date are governed by the old pension scheme - Denial of pensionary benefits on the ground of being governed by the new pension scheme is unsustainable - Petition allowed. [Paras 6, 8]

Employment Law - Pension Scheme Eligibility - Employees in service prior to 01.01.2004 and regularized later are entitled to old pension scheme benefits - Division Bench decision in Harbana Lal case confirms applicability of old pension scheme despite regularization post-2004 - Judgment attained finality at Supreme Court level - Despite clear legal precedent, petitioner denied benefits unjustly until 2015. [Para 6]

Court's Directions - Calculation and Disbursement of Pensionary Benefits - Respondents directed to grant pensionary benefits under old pension scheme - Calculation to be completed within three months, and all monetary benefits with 9% interest to be released within one month thereafter. [Para 8]

Decision:

The writ petition is allowed. The respondents are directed to consider the case of the petitioner for the grant of pensionary benefits under the old pension scheme. The calculation of these benefits shall be done within three months from the date of receipt of a copy of this order. The petitioner shall also be entitled to interest at the rate of 9% on the calculated amount. All monetary benefits shall be released to the petitioner within one month following the calculation.