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.

Pension Law - Withholding of Pension - Rule 2.2(a) of Punjab Civil Services Rules, 1970 - Withholding of 100% provisional pension due to grave misconduct - Held, more than one-third of the sanctioned pension cannot be withheld even upon conviction for a grave misconduct - Pensioner must be left with adequate amount for maintenance - Impugned order set aside and fresh order directed to be passed in accordance with Rule 2.2(a). [Paras 18, 22]

Pensioner's Rights - Conviction and Pension - Conviction by Criminal Court and findings in departmental proceedings should not lead to different outcomes regarding pension - Maintenance of pensioner cannot be differentiated based on source of conviction or finding of misconduct - Both cases warrant the same limit on pension withholding. [Paras 20, 21]

Court's Reasoning - Previous Judgments and Interpretations - Coordinate Bench's interpretation of Rule 2.2(a) upholds the principle that no more than one-third of pension can be withheld - Argument by State that 100% pension can be withheld in cases of conviction not supported by a plain reading of the rules - Rule 2.2(a) consistently interpreted to protect a portion of pension for maintenance. [Paras 12, 17]

Decision:

The writ petition is allowed. The impugned order dated 24.04.2015 is set aside. Directions are issued to the respondents to pass a fresh order in accordance with Rule 2.2(a) within three months, ensuring that no more than one-third of the petitioner's pension is withheld. Any difference in the pension amount due to the petitioner shall be released from the date it was stopped.

Criminal Law - Dowry Death - Section 304-B IPC - Delay in Lodging FIR - Case of prosecution cannot be discarded solely on delay grounds - Evidence led by prosecution found trustworthy and reliable - Delay of few hours in lodging FIR not significant - FIR contents show clear dowry demand by appellants - Appeal dismissed. [Paras 38, 42, 43]

Medical Evidence - Cause of Death - Section 304-B IPC, Section 113-B Indian Evidence Act - Post-mortem shows asphyxia due to smothering - Prosecution evidence corroborated by medical texts - Defense claims of epilepsy-related death not supported by credible evidence - Smothering confirmed as cause of death - Statement of defense witness (DW-1) found unreliable - Appeal dismissed. [Paras 25, 26, 39, 40, 41]

Dowry Demands - Evidence - Sections 304-B, 498-A IPC - Deceased subjected to cruelty for dowry within six months of marriage - Sufficient dowry given by deceased's family - Withdrawal of Rs. 50,000 by deceased's father proved - No grounds for false implication of appellants by deceased’s family - Conviction and sentence of seven years' rigorous imprisonment upheld. [Paras 42, 43]

Decision:

The appeal (CRA-S-1189-SB-2000) filed by Romesh Dutt and Rajesh Dutt is dismissed. The conviction and sentence of seven years' rigorous imprisonment under Section 304-B IPC are upheld. Appeals and revisions for enhancement of sentence filed by the State and complainant (CRA-D-514-DBA-2001 and CRR-279-2001) are also dismissed. The police are directed to take Romesh Dutt and Rajesh Dutt into custody to serve the remaining sentence.

Administrative Law - Correction of Name - Article 226 of Constitution of India - Rule 69.1(ii) CBSE Rules - Correction of mother's name in matriculation certificate sought for filling admission forms in colleges supported by relevant documents and affidavit of mother - CBSE denied request on the ground that school records do not support the desired correction - Held, denial unsustainable - Writ petition allowed. [Paras 9, 12]

Education Law - Minor Student's Rights - Petitioner is a minor at the threshold of his career - Correction of mother’s name essential for further studies, issuance of passport, visas, and other formalities - School's request for correction along with relevant documents should not have been dismissed solely based on inconsistency with earlier supplied information. [Paras 9, 10]

Documentary Evidence - Supporting Documents - Various documents such as Aadhar Card, previous school marks certificate, and birth certificate confirmed the correct name of the mother as Madhu Bala - These documents substantiate the petitioner's request for correction. [Para 8]

Decision:

The writ petition is allowed. The impugned order dated 04.01.2018 issued by CBSE is set aside. Directions are issued to CBSE to correct the name of the mother in the petitioner’s matriculation certificate from Madhu Bansal to Madhu Bala within one month from the date of receipt of the certified copy of this order.