Micro, Small and Medium Enterprises Development Act, 2006 - Definition of Supplier – Filing of Memorandum – Held – Filing of memorandum under Section 8(1) is not a condition precedent for a micro or small enterprise to be considered a supplier under Section 2(n) – Registration under Section 8 is only qualifying and not mandatory for maintaining the application before the Facilitation Council – Telangana and Andhra Pradesh High Court and Delhi High Court precedents followed. [Paras 11-16]

Arbitration Clause in Agreement – Applicability of Section 18(3) of MSME Act – Proceedings can take place even if there is an arbitration clause in the agreement – The Act's provisions have an overriding effect – Held – The Council has the jurisdiction to proceed under Section 18(3) despite the existence of an arbitration agreement – Reliance on the ruling in Welspun Corp. Ltd. v. Micro and Small, Medium Enterprises Facilitation Council. [Paras 17-20]

Limitation – Issue of limitation for claims – Held – The major amount claimed is from the year 2017, and the question of limitation is a mixed question of law and fact that can be decided by the arbitrator appointed by the Council – The petitioner's challenge on limitation grounds dismissed. [Para 20]

Decision: Writ petition dismissed. The Facilitation Council’s notices and order are upheld. No order as to costs.

East Punjab Urban Rent Restriction Act, 1949 - Bona Fide Requirement of Landlord - Eviction sought for landlord's son to start his business - No specific format required for pleadings under the Act - Tenant's failure to object in the written statement regarding lack of specific pleadings on the necessity of the premises - Held, landlord is required to prove the ingredients of bona fide necessity even if not specifically pleaded, as long as evidence is provided - Revision petition dismissed as the landlord's bona fide necessity for the premises was sufficiently demonstrated. [Paras 14, 19, 22]

Evidentiary Requirements and Tenant's Obligation - Tenant did not raise objections in the initial written statement - Held, failure to object implies waiver of that objection, and landlord is deprived of the opportunity to amend the pleadings - Tenant cannot subsequently raise objections if not initially brought up. [Para 22]

Decision: Revision petition dismissed. The eviction order by the Rent Controller, affirmed by the Appellate Authority, is upheld. [Para 23]

Punjab Civil Services (Premature Retirement) Rules, 1975 - Integrity of Judicial Officer - Judicial officer's premature retirement upon completing twenty years of service - High Court found serious anomalies in officer's judgments - Officer failed to mention crucial details like the 'salt' and quantity of contraband in NDPS Act cases - Awarded sentences below mandatory minimums. Held, retirement justified due to officer's doubtful integrity and consistent serious errors - Presumption of inadvertence not applicable due to multiple lapses over short periods. [Para 11-13]

Application of Premature Retirement Rules - Argument on non-applicability of Rules rejected - Rules not framed under Article 234 of the Constitution or with prior consultation with Punjab Public Service Commission deemed academic and misconceived. Held, premature retirement rules are applicable, and petitioner's compulsory retirement upheld. [Para 15-16]

Judicial Conduct and Administrative Review - Contradictory annual confidential reports (ACRs) discussed - Prior ACRs rated officer well, but later ACRs indicated poor performance and doubtful integrity - Administrative review's rejection of officer's representation against adverse remarks upheld - No merit found in petition challenging premature retirement. [Paras 3-4, 6-8, 10]

Decision: Writ petition dismissed. The recommendations for the officer's premature retirement were fully justified and legally sound.

Civil Procedure - Injunction - Onus of Proof - Permanent injunction sought by plaintiffs to restrain defendant from interfering with possession of suit land - Onus to prove possession on date of suit and alleged dispossession during suit lies on plaintiffs - Plaintiffs failed to establish possession and took contradictory stands - Appeal partly allowed, suit dismissed concerning constructed portion, injunction granted for remaining land. Held, possession at suit's institution date must be proved by plaintiffs, which they disproved through contradictory pleadings - Remedy lay in seeking possession suit, not injunction. [Paras 26-35]

Civil Procedure - Appellate Court Findings - Whether first appellate court misread evidence and failed to comply with Order XLI Rule 31 CPC - Appellate court misread evidence and did not comply with mandatory requirements of Rule 31 - Trial court's dismissal of suit upheld for constructed portion of land. Held, appellate court misread evidence, trial court's findings on possession upheld - Decree for mandatory and prohibitory injunctions set aside for constructed portion. [Paras 37-39]

Role of Statutory Presumption - Revenue records showed plaintiffs as owners in possession - Presumption of correctness attached to revenue records unless rebutted by equal evidence - Contradictory stands by plaintiffs rebutted presumption. Held, statutory presumption under Section 44 of Punjab Land Revenue Act attaches correctness to revenue records, but rebutted by plaintiffs' contradictions. [Para 33]

Decision - Partly allowing appeal, appellate court's decree set aside, trial court's dismissal of suit concerning constructed portion upheld - Appellant restrained from interfering with plaintiffs' possession over remaining suit land. [Paras 40-41]

Motor Vehicles Act - Compensation - Rash and Negligent Driving - Preponderance of Probabilities

Compensation for Fatal Accident - Preponderance of Probabilities – Deceased suffered fatal injuries in an accident involving a school bus, remained under treatment for five months, and eventually died – Tribunal awarded Rs. 37,400/- but did not link death to accident injuries due to lack of post-mortem – Held, in claim petitions, preponderance of probabilities is sufficient, not proof beyond reasonable doubt – Death linked to injuries from the accident – Tribunal's observation on absence of post-mortem not a valid ground to reject claim – Award enhanced to Rs. 11,62,369/- including future prospects, loss of estate, consortium, and funeral expenses. [Paras 29-30, 32]

Practical and Humane Approach in Compensation Awards – Tribunals should adopt a practical and humane approach while adjudicating compensation claims – Technicalities should not overshadow the beneficial legislation meant to provide relief to victims and their families – Emphasis on sensitivity towards victims' circumstances. [Para 30]

Decision: Appeal allowed, compensation enhanced to Rs. 11,62,369/-. Respondents to pay the remaining balance within six weeks, with adjustments for any amount already paid. [Paras 32-33]

Stamp Duty - Deficiency - Time Limit for Action by Sub-Registrar

Deficiency in Stamp Duty - Reference by Sub-Registrar – Petitioners exchanged their land in Jodhpur for land in Sonepat – Transfer deed registered without objection, mutation sanctioned – Sub-Registrar raised objection and made reference for recovery of deficient stamp duty and registration fee more than 7 months after registration – Held, Sub-Registrar becomes functus officio after registration and handing over of documents – Action taken after substantial delay not permissible – Reference and orders for recovery set aside. [Paras 5-7]

Judicial Precedent - Applicability of Section 47-A – Reference made to the case of Zile Singh v. Commissioner, Hisar Divn., Hisar – Court reiterated that reference under Section 47-A(1) must be made immediately upon registration if value affixed for stamp duty is less than market value – Delayed reference not valid. [Paras 6-7]

Decision: Petition allowed. Reference dated 24.6.2014/7.8.2014 and orders dated 22.3.2016 and 20.5.2016 set aside. [Para 7]

Family Law - Divorce by Mutual Consent - Extension of Statutory Period

Extension of Period Under Section 13-B(2) of Hindu Marriage Act – Joint petition for divorce by mutual consent filed – Appellant-wife received Rs. 7 lakhs out of agreed Rs. 15 lakhs at first motion – Respondent-husband failed to pay remaining Rs. 8 lakhs within statutory period due to financial constraints – Trial Court dismissed petition as infructuous after 18 months expired – High Court held that the period under Section 13-B(2) is directory, not mandatory – Order of Trial Court set aside – Case remanded for recording second motion statements if parties are willing – Appeal allowed. [Paras 8-11]

Judicial Discretion in Extending Statutory Period – Both parties reiterated intention to live separately and confirmed receipt of entire settlement amount – Mutual consent for divorce remained despite delay – Circumstances justified extension of statutory period for recording second motion statements – Court's discretion to extend period upheld in light of Supreme Court's interpretation in Amardeep Singh v. Harveen Kaur. [Paras 8-10]

Decision: Appeal allowed, Trial Court's order set aside. Both parties to appear before the lower court on 15.09.2018 for recording second motion statements. [Para 11]

Civil Procedure - Amendment of Plaint - Determining Real Question in Controversy

Amendment of Plaint for Inadvertent Omission – Petitioner sought to amend plaint to include details of an additional piece of land omitted inadvertently – Trial Court dismissed the application due to a delay of over three years and lack of explanation – Held, although petitioner was not diligent, amendments to determine real questions in controversy should be allowed – Amendment necessary for full and complete justice – Amendment allowed with costs of Rs. 25,000/-. [Paras 12-15]

Judicial Discretion and Amendment in Pleadings – Court emphasized the principles of allowing amendments necessary to determine the real question in controversy – Amendment should not be refused due to inadvertence or negligence – Reference made to the Supreme Court's decision in Abdul Rehman v. Mohd. Ruldu for guiding principles. [Para 13]

Decision: Revision petition allowed. Trial Court's order set aside. Petitioner permitted to amend the plaint. [Paras 14-15]

Service Law - Post-Retiral Dues - Interest on Delayed Payment Interest on Delayed Post-Retiral Dues – Petitioner claimed interest on delayed payment of retiral benefits – Held, delay caused due to petitioner’s failure to complete formalities – No intentional or willfuldelay by respondents – Petitioner not entitled to interest on delayed payments – Tribunal's finding upheld. [Paras 8, 12]

Service Law - Pensionary Benefits - Counting of Ad Hoc Service

Counting of Ad Hoc Service for Pension – Petitioner served ad hoc in Punjab Engineering College before regular service in Chandigarh Administration – Resigned with permission to take new appointment – Rule 3.17-A(5) of Punjab Civil Services Rules applicable – Service in Engineering College to be counted towards pension – Tribunal’s judgment on this issue found erroneous and quashed. [Paras 15, 19, 21]

Decision: Writ petition allowed in part. Tribunal's judgment quashed insofar as it denied counting of service in Engineering College towards pension. Respondents directed to recalculate pension and disburse arrears within three months. [Paras 23-24]