Punjab Agricultural Produce Markets Act - Market Fees - Vires of Rule 29(7): Petition challenging Rule 29(7) of the Punjab Agricultural Produce Markets (General) Rules, 1962 - Rule deemed agricultural produce bought or sold in a market area if agreement, weighment, or delivery occurred there - Held, Rule 29(7) ultra vires as it exceeds the authority granted by Section 23 of the Act by expanding definitions beyond legislative intent - Levy of market fees depends on actual transactions per Sale of Goods Act. [Paras 1-22]

Market Fees - Transaction Location - Sale of Goods Act: Legal fiction in Rule 29(7) that deems agricultural produce bought or sold based on weighment or delivery within market area was beyond legislative policy - Actual transaction locations determine market fee applicability - Supreme Court precedents reaffirm sale or purchase based on where title and delivery occur. [Paras 13-21]

Decision - Remand for Fresh Determination: Orders by authorities set aside - Matter remanded to Secretary, Market Committee for fresh determination based on material on record - Petitioners to substantiate claims that sale or purchase occurred outside market area to avoid market fee liability. [Para 22]

Disability Pension - Arrears and Interest - Recurring Cause of Action: Appeal challenging the restriction of arrears to 38 months prior to filing the petition - Held, cause of action for disability pension is recurring - Appellant entitled to full arrears from the date of liability without interest due to delay in claim - Single Bench decision modified to provide full arrears without interest. [Paras 1-10]

Recurring Cause of Action - Pension Payments: Pension payment is a recurring obligation - Employer cannot claim delay and laches defense for non-payment - Restriction on arrears inconsistent with finding that delay does not bar claim - Full arrears granted without interest to balance equities, considering appellant's delay in filing claim. [Paras 7-10]

Decision - Appeal Allowed - Full Arrears Granted: Appeal allowed, Single Bench decision modified to grant full arrears of disability pension without interest - Respondents directed to pay arrears within three months, failing which interest at 8% per annum to apply on remaining arrears. [Para 10]

Civil Procedure - Recall of Witness - Inherent Powers of Court: Petition to recall plaintiffs' witness for cross-examination after evidence closed - Alternative relief sought to present questions to the trial court for determining their relevance - Held, recalling of witness can be permitted under inherent powers of the court if justified - Petition allowed with direction to trial court to assess relevance of proposed questions. [Paras 1-14]

Inherent Powers - Section 151 CPC - Reopening of Evidence: In absence of specific provisions in CPC for reopening evidence or recalling witnesses, Section 151 CPC can be invoked for the ends of justice - Court directed petitioners to submit list of questions for trial court to decide on their relevance for recalling witness. [Paras 10-14]

Costs for Delay - Conditions for Recalling Witness: Petitioners directed to pay costs for delay caused by recalling witness - Costs set at Rs. 10,000 - If trial court finds questions relevant, one effective opportunity to be granted for further cross-examination of PW-1. [Para 12]

Decision - Petition Allowed - Impugned Order Set Aside: Revision petition allowed, impugned order set aside - Petitioners to submit questions to trial court within 15 days, trial court to decide on relevance within next 15 days - Costs of Rs. 10,000 to be paid by petitioners. [Paras 10-14]

Punjab Panchayat Election Rules - Recounting of Votes - Malpractice Allegations: Appeal against the Election Tribunal's decision to recount votes for the Sarpanch election - Initial result declared appellant as elected - Recount revealed discrepancies, including a significant increase in rejected votes, leading to the respondent being declared elected - Held, recount was ordered without valid reason, only based on mutual consent - Tribunal's order set aside as recount was illegally ordered. [Paras 1-11]

Election Process - Validity of Recount - Secrecy of Ballot: In elections, the secrecy of the ballot is paramount - Recount should only be ordered if a prima facie case is established with substantial evidence - No such justification was recorded by the Tribunal before ordering recount in this case - Supreme Court precedent emphasizes the need for compelling reasons before breaching ballot secrecy. [Paras 7-11]

Systemic Issues in Election Conduct: Despite allowing the appeal on legal grounds of improper recount, systemic issues in election conduct identified - Discrepancies and potential tampering with votes highlight the need for addressing broader issues - Larger questions about election integrity to be considered in a related pending writ petition (CWP No.12120 of 2018) regarding the fair conduct of Panchayat Elections. [Paras 12-13]

Decision - Appeal Allowed - Order of Tribunal Set Aside: Appeal allowed, Election Tribunal's order set aside due to illegal recount - Broader issues concerning election integrity to be considered in related writ petition - Civil miscellaneous applications, if any, also disposed of. [Paras 11-15]

Motor Vehicles Act - Compensation - Enhancement: Appeal for enhancement of compensation awarded by the Motor Accident Claims Tribunal (MACT) for injuries resulting in amputation and permanent disability - Held, Tribunal's award modified - Claimant entitled to enhanced compensation based on loss of earning capacity, pain and suffering, loss of amenities, and cost of a prosthetic limb - Compensation enhanced to Rs. 5,86,000/- with interest at 7.5% per annum from the date of filing the claim petition till realization. [Paras 1-21]

Negligence - Contributory Negligence - Bus Driver's Liability: Tribunal's finding of contributory negligence by the claimant overturned - Claimant's injury solely attributed to the negligent driving of the bus driver - No evidence of collision between bus and truck, but claimant's arm was injured due to bus driver's close driving - Precedents cited to support lack of passenger negligence when keeping arms on window sills. [Paras 7-14]

Assessment of Compensation - Disability and Earning Capacity: Compensation must reflect the impact of disability on earning capacity - Claimant's work involved physical delivery of goods (maps, charts), significantly affected by loss of arm - Loss of earning capacity assessed at 50% due to the nature of work - Comprehensive evaluation includes loss of actual income, pain and suffering, and cost of prosthetic limb. [Paras 15-20]

Decision - Appeal Allowed - Compensation Enhanced: Appeal allowed, compensation enhanced to Rs. 5,86,000/- - All respondents held jointly and severally liable to pay the enhanced compensation with interest at 7.5% per annum from the date of filing the claim petition till realization - Impugned award modified accordingly. [Para 21]

Criminal Law - Bail Application - Compliance with Statutory Provisions - NDPS Act: Application for regular bail under Section 439 CrPC - Allegation of non-compliance with Sections 42 and 50 of the NDPS Act in the search and seizure process - Held, the Sub-Inspector duly sent the information to his superior officer as required by Section 42(2) NDPS Act - The contention that the officer who conveyed the information was subordinate in rank was found unconvincing - Statutory compliance was upheld based on the endorsement made in the FIR and subsequent special report sent to superior officers - Application for bail dismissed due to involvement of commercial quantity of contraband and statutory bar under Section 37 of the NDPS Act. [Paras 1-12]

Investigating Officer's Role - Bias Allegation: Argument raised that the complainant, who also conducted the investigation, could not have done so impartially - Rejected based on precedent affirming that the initiation of an FIR by an officer does not inherently imply bias or invalidate the investigation - Court referenced the Supreme Court's decision allowing investigation by the officer who registered the FIR, provided there is no demonstrated bias. [Para 10]

Search and Seizure Procedure - Compliance: Section 50 NDPS Act requires strict compliance but allows some discretion regarding procedural specifics - The offer for search before a gazetted officer or Magistrate was sufficiently communicated - Any procedural irregularities regarding the precise wording of the offer are to be evaluated during the trial - No substantial non-compliance found at the bail stage. [Paras 8, 9]

Decision - Bail Application Dismissed: Given the commercial quantity of the narcotic involved and statutory restrictions under Section 37 NDPS Act, the Court denied bail - Emphasis placed on statutory compliance and the seriousness of the offence. [Para 11]

East Punjab Urban Rent Restriction Act - Eviction - Bona Fide Necessity: Petition challenging eviction on the ground of bona fide necessity under Section 13 of the Act - Age of landlord (75 years) not a bar for seeking eviction for personal use - Landlord's ability to handle business upheld in absence of evidence of physical infirmity - Tribunal and Appellate Authority's findings of bona fide necessity affirmed. [Paras 1-11]

Assessment of Necessity - Landlord's Properties: Landlord provided details and status of properties owned - Stated intention to start cycle spare parts business in demised premises located in main cycle spare parts market - Existing properties unsuitable for proposed business - Petitioner's claims of landlord's sufficiency of other properties and rental income dismissed due to lack of evidence and credibility. [Paras 13-19]

Judicial Review - Revisional Powers of High Court: High Court's revisional jurisdiction does not allow reappreciation of evidence - Interference only warranted if findings are perverse or result in miscarriage of justice - Findings of bona fide necessity by lower courts found legally sound and not perverse - No ground for interference. [Paras 25-26]

Decision - Petition Dismissed: Revision petition dismissed - Tenant granted time till December 31, 2018, to vacate premises, subject to conditions including payment of arrears and regular future payments - Undertaking to this effect to be furnished within three weeks. [Para 27]

Tender Law - Rejection of Technical Bid - Clause 5(b)(II) MTF - Authority to Bind Firm - The court upheld the rejection of the petitioner's technical bid by FCI for non-compliance with Clause 5(b)(II) of the MTF, which required the Digital Signature Card (DSC) holder to produce a Power of Attorney stating he has the authority to bind the firm in all matters pertaining to the contract. The Power of Attorney uploaded by the petitioner did not contain this specific wording [Paras 12, 14].

Interpretation of Tender Documents - Essential Condition - No Deviation Allowed - The court emphasized that the language of Clause 5(b)(II) of the MTF was clear and unambiguous. The inclusion of the word "shall" indicated that compliance with the clause was mandatory. Any deviation or relaxation from this essential condition was not permissible to protect the integrity of the tender process and the interests of the FCI [Paras 14, 15].

Judicial Review - Limited Interference - Respecting Employer's Interpretation - The court referred to the Supreme Court's guidance on limited interference by constitutional courts in the interpretation of tender documents. The court must defer to the employer's understanding and interpretation of its tender documents unless there is evidence of mala fides or perversity [Paras 10, 15].

Decision - Petition Dismissed - Validity of Bid Rejection Upheld - The petition was dismissed, and the rejection of the technical bid by the FCI was upheld. The court found no merit in the petitioner's arguments, as the petitioner failed to meet the clear and essential requirements of the tender clause, and there was no allegation of mala fides or perversity in the FCI's actions [Paras 16, 17].

Civil Procedure - Withdrawal and Fresh Suit - Order 23 Rule 1(3) CPC - Error in Granting Permission to File Fresh Suit - The court held that the trial court committed a grave error by allowing the respondents to file a fresh suit without recording any finding in the impugned order. The petitioner was made to litigate for 17 years, and the order did not provide the required specific findings on the formal defect that warranted withdrawal and refiling of the suit. The order was thus set aside to the extent it granted permission to file a fresh suit [Paras 15, 16].

Prolonged Litigation - Prejudice to Petitioner - Absence of Specific Findings on Formal Defect - The trial court failed to appreciate the prejudice caused to the petitioner, who litigated for 17 years. The mention of an incorrect genealogy in the plaint could not be considered a formal defect, and the respondents should have sought amendment rather than withdrawal and refiling. The impugned order was deemed unjust and prejudicial to the petitioner [Paras 9, 10, 13, 15].

Decision - Revision Petition Allowed - Fresh Suit Permission Set Aside - The revision petition was allowed, setting aside the impugned order to the extent of granting permission for a fresh suit. The suit was to be treated as dismissed as withdrawn, and the respondents were not given any right to move for amendment of their plaint in future applications [Paras 16, 17].