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 Controller's action upheld. [Paras 3-4]

Religious Premises and Land Act - Jurisdiction of Rent Controller – Petitioner argued premises as a religious institution under the 1997 Act, thus barring Rent Controller’s jurisdiction – Court found premises are shops, not covered under the definition of religious institutions – Landlord could seek eviction under the 1949 Act – Benefit of 1997 Act intended for landlords, not tenants – Rent Controller's jurisdiction valid. [Paras 3-5]

Judicial Interpretation - Landlord’s Right to Choose Eviction Act – Reference to Jai Parkash Goyal v. Shri Gurudwara Singh Sabha Sahib VirajmanGurugranth Sahib – Landlords can opt to treat tenants as statutory tenants under the 1949 Act – Jurisdiction of authorities under the 1949 Act upheld – Rent Controller's decision aligned with judicial precedents and statutory provisions. [Paras 4-5]

Decision: Civil revision dismissed – Order of Rent Controller rejecting application under Order 7 Rule 11 CPC upheld – Premises not a religious institution under the 1997 Act – Rent Controller’s jurisdiction valid under the 1949 Act. [Para 6]

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 – However, rates applicable at the time of application and allotment (2015-16) must be honored – Petitioners not liable for revised rates. [Paras 9-10]

Administrative Law - Jurisdiction and Powers of Boards – Jurisdiction of the Board of Directors to revise prices annually upheld – Clause 2.4 of EMP-2015 provides for such revisions – However, petitioners' application and allotment made during 2015-16 financial year at lower rates – Revised rates inapplicable to petitioners who had already paid tentative prices during allotment. [Paras 9-10]

Contract Law - Agreement and Terms – Petitioners entered into an agreement based on the rates prevailing during the financial year 2015-16 – Respondents cannot demand revised rates effective after the date of application and initial payment – Clause 2.3(B) of EMP-2015 stipulates no enhancement in price for plots allotted under EMP-2015 – Enhancement to be covered by Enhanced Compensation Equalization Fund. [Paras 11-12]

Decision: Petition allowed – Impugned order demanding revised rates quashed – Petitioners liable to pay rates applicable at the time of initial application and allotment – No costs imposed. [Para 13]

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 granted time to rectify the defect – Nomination invalidation and subsequent orders by Bar Council and Returning Officer quashed – Petitioner declared elected. [Paras 14-16]

Election Law - Bar Association Rules - Procedural Fairness – Petitioner’s nomination cheque returned due to alteration needing authentication – Objection regarding cheque dishonour raised post-election – Returning Officer entertained objection and invalidated nomination after votes were cast – Court held nomination invalidation post-election process and declaration of results to be illegal – Petitioner’s nomination could not be rejected retrospectively. [Paras 14-16]

Judicial Review - Election Process - Timing of Objections – Nomination papers scrutinized before elections; cheque dishonour objection raised only after declaration of results – Returning Officer’s failure to address issue before election malafide – Post-election invalidation of nomination found arbitrary – Petitioner declared winner of election, subject to respondent’s right to challenge under Rules. [Paras 14-16]

Decision: Writ petition allowed – Orders dated 26.12.2016 by Bar Council and 27.12.2016 by Returning Officer set aside – Petitioner declared elected as President of District Bar Association, Kapurthala – Respondent’s right to challenge election under Bar Association Rules upheld. [Para 16]

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 iniquitous and arbitrary – Recovery order quashed and bank directed to refund recovered amount with interest. [Paras 7-8, 11]

Pension Law - Undertaking for Recovery of Overpayments – Respondents failed to prove petitioner signed any undertaking allowing recovery of excess payments – General condition in para 3 of letter dated 15.03.2017 not applicable to petitioner’s case – Court found no basis for recovery under cited judgments – Arbitrary recovery violated petitioner’s rights. [Paras 6-7]

Limitation Law - Article 112 - Bar on Recovery after 30 Years – Recovery after 30 years barred by Article 112 of the Limitation Act – Court held it inequitable and harsh to sustain recovery after such a long period – Precedents affirming recovery limits applied – Respondents' action found violative of legal and constitutional rights. [Para 8]

Decision: Writ petition allowed – Letter dated 15.03.2017 quashed to the extent adverse to petitioner – Respondent-bank directed to return recovered money within one week from receipt of order – Future pension entitlements to remain unchanged – Costs of Rs. 50,000 awarded to petitioner against Punjab National Bank. [Paras 10-11]

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 inability to raise issues earlier – Application for amendment dismissed. [Paras 2-3, 10]

Legal Principles - Amendment of Pleadings - Due Diligence Requirement – Proviso to Order 6 Rule 17 CPC mandates no amendments after trial commencement without due diligence – Amendments sought included new pleas about legal notice, property requirements, and concealed facts – Rent Controller correctly applied law in dismissing amendment application – No bona fide or legitimate grounds for amendments shown. [Paras 6-8, 10-12]

Judicial Discretion - Consistency in Rulings – Petitioner's counsel argued inconsistency in Rent Controller’s orders on similar amendment applications – Court held circumstances of each case different – Consistency maintained with legal precedents disallowing post-trial commencement amendments without due diligence – Reliance on Apex Court judgments in Vidyabai and J. Samuel cases justified. [Paras 3, 6, 10]

Decision: Revision petition dismissed – Rent Controller's order dated 12.05.2016 upheld – Application for amendment of written statement rightly dismissed for lack of due diligence and bona fide grounds. [Para 13]

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 ordinary course – Modified conviction from Section 302 to Section 304-I IPC – Intention to cause bodily injury likely to cause death, but not definite to cause death – Conviction under Part I of Section 304 IPC. [Paras 35-37, 39-40]

Evidence - Medical Testimony and Causation of Death – Deceased did not suffer serious injury on vital organs – Injuries not individually or collectively sufficient to cause death – Cause of death attributed to supervening factors like pulmonary embolism and pneumonia – Medical evidence ruled out direct causation from injuries – Injuries led to conditions contributing to death but not the immediate cause. [Paras 35, 38]

Judicial Precedents - Interpretation of Evidence and Intention – Reference to case law distinguishing intention to cause death vs. intention to cause injury likely to cause death – Courts must evaluate medical evidence and actual injuries – Misapplication of intention results in modification of conviction to culpable homicide not amounting to murder. [Paras 37, 40]

Decision: Conviction modified from Section 302 IPC to Section 304-I IPC – Appellants sentenced to period already undergone in custody – Additional fine of Rs. 1 lakh each imposed, with compensation to legal heirs of deceased – Sentence modification considers long period already served. [Paras 42-43]

Criminal Law - Conviction for Murder - Direct Evidence vs. Motive – Appellant convicted for murdering his wife by inflicting injuries with a sharp-edged weapon – Appellant argued lack of motive – Court held motive insignificant in the presence of direct evidence – Conviction based on eyewitness testimony and forensic evidence upheld – Appellant’s contention regarding lack of motive dismissed as irrelevant. [Paras 44-45]

Evidence - Eyewitness Testimony and Forensic Corroboration – Prosecution's case supported by testimonies of eyewitnesses and the recovery of the weapon – Medical evidence confirmed the cause of death due to injuries inflicted by the appellant – Forensic examination of the weapon found human blood – Court found overwhelming evidence to establish guilt beyond reasonable doubt. [Paras 44-45]

Judicial Principles - Role of Motive in Presence of Direct Evidence – Court reiterated that motive is hidden in the heart and mind of the offender and is often difficult to ascertain – When direct evidence is available, the role of motive diminishes – Courts rely on direct and circumstantial evidence to establish guilt. [Paras 44]

Decision: Appeal dismissed – Conviction and life imprisonment under Section 302 IPC upheld – Overwhelming evidence and lack of credible defense led to dismissal of the appeal. [Paras 46]

Criminal Law - Conviction for Murder - Evidentiary Basis and Delay in Forensic Examination – Accused-appellants convicted under Sections 302/34 and 506 IPC for attacking the deceased with knives – Delay of 6 months in forensic examination of knives – Held, delay not beneficial to the accused given doctor's opinion that injuries matched knives – Inordinate delay potentially affecting blood detection on knives – Conviction upheld as intention inferred from weapon used, body parts targeted, and force applied. [Paras 26, 31]

Evidence - Medical and Forensic Testimonies – Blood not detected on knives due to delay in examination – Doctor’s opinion confirmed injuries on deceased matched recovered knives – Injuries declared sufficient to cause death in ordinary course of nature – Medical and forensic evidence corroborated prosecution’s case. [Paras 26, 31]

Judicial Principles - Inference of Intention from Circumstances – Intention inferred from weapon type, targeted body parts, applied force, and circumstantial factors – Injuries on vital body parts indicated deliberate intention to cause death – Supreme Court precedents affirming inference based on weapon and injury analysis followed. [Paras 26, 31]

Decision: Appeal dismissed – Conviction and sentence under Sections 302/34 and 506 IPC upheld – Accused-appellants’ arguments regarding forensic delay and lack of intention rejected. [Paras 32-33]

Constitutional Law - Eligibility for Public Service Appointments – Petitioners, employees of Punjab State Power Corporation Limited (PSPCL), claimed eligibility for PCS (Executive Branch) via Register C – Held, employees of statutory Boards/Corporations do not hold civil posts under the State or Union – Boards/Corporations are distinct entities, even if state-owned and controlled – Petitioners’ service not under the government, thus ineligible for PCS (Executive Branch) through Register C. [Paras 26-28]

Service Law - Civil Posts under the State - Distinction and Criteria – Detailed criteria for determining civil posts under the State – Corporations, though state-controlled, have independent existence – Service conditions not regulated by rules framed under Article 309 – Petitioners appointed by a Board and not a government department – Previous state department work transferred to Boards/Corporations does not affect current status. [Paras 26-28]

Judicial Precedents - Separate Entities and Service Rules – Employees of Punjab Vidhan Sabha and High Court treated differently due to constitutional creation and agreed applicability of Punjab Civil Services Rules – Petitioners’ reliance on past administrative functions of electricity supply department unavailing – Petitioners do not meet criteria for civil posts under Articles 309 or 311. [Paras 27-28]

Decision: Writ petition dismissed – Petitioners not eligible for appointment to PCS (Executive Branch) through Register C as they do not hold civil posts under the State. [Para 29]