(1)
SUMER CHAND …PETITIONER Vs.
AMARJIT SINGH …RESPONDENT D.D
27/03/2017
HIGH COURTS
Civil Procedure - Closure of Evidence - Court's Duty to Ensure Witness Attendance – Trial Court closed the plaintiff’s evidence despite the plaintiff depositing requisite charges for summoning two official witnesses – Held, it is the court's duty to ensure the presence of official witnesses once requisite charges are deposited – Court should have adopted coercive me...
(2)
GURBACHAN KAUR …PETITIONER Vs.
LAKHWINDER KAUR …RESPONDENT D.D
24/03/2017
HIGH COURTS
Rent Law - Amendment of Ejectment Petition - Procedural Fairness – Landlady sought to amend the ejectment petition by including necessary ingredients under Section 13(3)(a)(i)(b)(c) of the East Punjab Urban Rent Restriction Act – Application for amendment dismissed by Rent Controller as it was filed at a late stage after cross-examination and closing of evidence – Revision allowe...
(3)
ARUN KUMAR …PETITIONER Vs.
GURCHARAN SINGH …RESPONDENT D.D
24/03/2017
HIGH COURTS
Rent Law - Bona Fide Requirement - Landlord's Right to Eviction – Eviction petition filed in 2010 for the landlord’s sons’ use upheld by Rent Controller and Appellate Authority – Tenant contended property was sold and sons’ needs not genuine due to their marriage and existing businesses – Held, sons dependent on landlord for residence and business – Sa...
(4)
BALDEV SINGH …PETITIONER Vs.
SHREE SANATAN DHARAM SABHA …RESPONDENT D.D
22/03/2017
HIGH COURTS
Civil Procedure - Rejection of Plaint - Exceptional Circumstances – Petitioner's application for rejection of plaint under Order 7 Rule 11 CPC dismissed by Rent Controller – Held, plaint can only be rejected in exceptional circumstances – Court must scrutinize averments in the plaint – Written statement is irrelevant for deciding Order 7 Rule 11 application – Rent...
(5)
M/S JINDAL GREEN CORP. INTERNATIONAL PVT. LTD …PETITIONER Vs.
STATE OF HARYANA AND OTHERS …RESPONDENTS D.D
20/03/2017
HIGH COURTS
Constitutional Law - Estate Management Procedure - Revision of Plot Prices – Petitioner applied for and was allotted an industrial plot during the financial year 2015-16 when the price was fixed at ₹6,740/- per square meter – Rates were revised to ₹12,000/- per square meter w.e.f. 01.04.2016 – Held, the Board of Directors has the power to revise prices annually on 1st April &...
(6)
SATPAL WADHAWAN …PETITIONER Vs.
BAR COUNCIL OF PUNJAB AND HARYANA …RESPONDENTS D.D
18/03/2017
HIGH COURTS
Constitutional Law - Articles 226 and 227 - Bar Association Elections – Petitioner contested for the post of President in District Bar Association, Kapurthala – Nomination papers invalidated post-election on grounds of cheque alteration – Held, Returning Officer's action of entertaining objection post-election is malafide and illegal – Petitioner should have been grante...
(7)
S. S. GURAYA …PETITIONER Vs.
UNION OF INDIA …RESPONDENTS D.D
17/03/2017
HIGH COURTS
Constitutional Law - Article 226 - Recovery of Pension – Petitioner, an old pensioner retired 30 years ago, faced monthly pension recovery without prior notice – Held, recovery of excess pension after 30 years illegal – No evidence petitioner gave an undertaking for recovery of excess payments – Applying principles from Rafiq Masih and Jagdev Singh, court held recovery iniq...
(8)
GOBIND GUPTA …PETITIONER Vs.
RITU CHOPRA …RESPONDENT D.D
15/03/2017
HIGH COURTS
Civil Procedure - Amendment of Written Statement - Proviso to Order 6 Rule 17 – Tenant-petitioner sought amendment of written statement after issues were framed and witnesses examined – Rent Controller dismissed application for lack of due diligence – Held, amendment not permissible post-commencement of trial unless due diligence shown – Petitioner failed to establish inabi...
(9)
PRITPAL SINGH @ TITI AND ANOTHER …APPELLANTS Vs.
STATE OF PUNJAB …RESPONDENT D.D
10/03/2017
HIGH COURTS
Criminal Law - Murder vs. Culpable Homicide Not Amounting to Murder - Medical Evidence – Appellants/accused attacked deceased with blunt side of a sword and fisticuffs – Injuries on non-vital parts – Medical evidence indicated death due to pulmonary embolism, pneumonia, and kidney failure leading to cardio-pulmonary arrest – Injuries not sufficient to cause death in ordinar...