Constitutional Law - Pre-deposit Requirement for Appeals - Validity and Discretion – Petition challenged the requirement under Section 19 of the 2006 Act to deposit 75% of the decretal amount as a precondition for entertaining an appeal – Held, while the validity of Section 19 upheld, the pre-deposit requirement is not mandatory – Court empowered to waive, partially or completely, the requirement of pre-deposit in appropriate cases – Emphasized need for ensuring timely and smooth flow of credit to small and medium enterprises. [Paras 32, 34]

Judicial Discretion - Waiver of Pre-deposit - Guiding Principles – Court can exercise discretion to waive the pre-deposit condition to avoid frustration of the appeal – Waiver granted only in deserving cases with strong prima facie grounds – Requirement to be considered in light of minimizing sickness among small and medium enterprises – Interim protection to be granted judicially, not routinely. [Paras 33-34]

Precedents and Legislative Interpretation - Analogous Statutory Provisions – Reference to similar statutes with pre-deposit requirements upheld by courts – Cited cases from VAT Act and other fiscal statutes where pre-deposit conditions were deemed constitutional – Court’s inherent power to grant stay or interim protection recognized – Case law emphasizing statutory right to appeal as conditional, not absolute. [Paras 13, 19]

Decision: Petition allowed in part – Validity of Section 19 of the 2006 Act upheld – Pre-deposit requirement not mandatory, subject to judicial discretion for waiver in appropriate cases – Order dated 21.12.2016 quashed – Matter remitted for reconsideration of interim injunction application. [Paras 35-37]

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 measures if witnesses did not appear – Impugned order quashed. [Paras 6, 8]

Judicial Discretion - Ensuring Fair Trial and Justice – Principles of procedural law meant to advance justice – Courts must grant reasonable opportunity to both parties to present their case fully – Trial Court’s failure to ensure witness attendance denied the plaintiff a fair opportunity – Order closing evidence found non-speaking and hasty – Court directed to provide two more opportunities to conclude evidence. [Paras 6, 8]

Procedural Law - Duty to Summon Witnesses – Trial Court bound to issue summons for official witnesses once charges deposited – Failure to record issuance of summons or adopt coercive methods for non-compliance by witnesses constitutes procedural error – Ensuring presence of witnesses not within the plaintiff's control. [Paras 6, 8]

Decision: Revision petition allowed – Impugned order dated 03.01.2017 set aside – Trial Court directed to grant two more effective opportunities for the plaintiff to conclude evidence, including summoning the two official witnesses – No costs imposed. [Para 10]

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 allowed, holding that adjudication should be on merits and amendment necessary to avoid prejudice to the landlady’s case. [Paras 5, 7]

Civil Procedure - Amendment of Pleadings - Due Diligence Requirement – Rent Controller rejected the amendment application citing belated stage and lack of due diligence – Court held amendment permissible as it is essential for the merits of the case – Emphasized that amendments should be allowed if they help in determining the real controversy between the parties – Monetary compensation for the tenant to address delay. [Paras 5, 7]

Judicial Precedents - Allowing Amendments to Minimize Litigation – Reference to Abdul Rehman v. Mohd. Ruldu emphasizing amendments to resolve real disputes – Amendments should not cause injustice or prejudice – Court allowed amendment subject to payment of costs, ensuring tenant could file an amended reply and cross-examine the landlady afresh – Ensures fair trial and justice. [Paras 6-8]

Decision: Revision petition allowed – Rent Controller’s order dated 01.02.2016 set aside – Amendment application granted subject to payment of Rs. 10,000 as costs – Tenant permitted to file amended reply and cross-examine the landlady afresh based on amended pleadings. [Para 8]

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 – Sales of other properties do not negate bona fide requirement – Tenant cannot dictate terms to the landlord – Eviction upheld. [Paras 3-4, 6, 8]

Judicial Review - Concurrent Findings of Lower Courts – Lower courts' findings of bona fide need for landlord's sons upheld – Tenant’s objections about sons’ independent business and property sales rejected – Landlord's right to choose how to use property respected – Supreme Court precedents affirm landlord’s bona fide requirement as sufficient for eviction. [Paras 6-8]

Landlord's Prerogative - Property Utilization and Business Choices – Supreme Court emphasized landlord's freedom to decide property use and business nature – Tenant cannot impose restrictions or alternate suggestions – Practical and realistic approach needed – Tenant’s challenge based on alternative property arrangements and sons' business rejected. [Paras 6, 10-11]

Decision: Revision petition dismissed – Eviction order by Rent Controller and Appellate Authority upheld – Landlord’s bona fide requirement for his sons recognized – Tenant’s objections about property sales and business irrelevant. [Paras 12]

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]