Constitutional Law - Exemption from Municipal Laws - Articles 226 and 227 - Section 17 of Punjab New Mandi Townships (Development & Regulation) Act, 1960 - Notification by State Government exempting certain areas from the application of Punjab Municipal Act - Godowns in exempted area - Held, godowns constructed on specified land exempt from house tax - Municipal Council’s imposition of house tax quashed. [Paras 7, 8]

Municipal Law - House Tax Exemption - Applicability of Notification - Notification dated 20.11.1980 exempts certain areas from the application of specified provisions of the Punjab Municipal Act, 1911 - Godowns constructed in exempted khasra numbers not liable for house tax - Appellant’s godowns located in exempted area hence not subject to house tax. [Paras 7, 8]

Court’s Reasoning - Interpretation of Notification - The notification under Section 17 clearly applies to the specified khasra numbers - All properties within these numbers are exempt from house tax - Municipal Council lacks jurisdiction to impose tax in these areas - Single Judge’s ruling overturned due to incorrect interpretation of the notification's applicability. [Para 9]

Decision:

The appeal is allowed. The order dated 28.9.2015 passed by the Single Judge is set aside. Consequently, the order dated 20.12.2013 passed by respondent No. 2, which was impugned in the writ petition, is also set aside. The appellant’s godowns in khasra No. 12 min are exempt from house tax as per the notification.

Constitutional Law - Articles 226 and 227 - Qualifying Service for Pension - Petition for counting service rendered in Punjab Land Development and Reclamation Corporation as qualifying service for pensionary benefits - Corporation in the process of winding up when petitioner joined new assignment - Service to be counted despite petitioner joining new assignment before actual winding up - Relief granted. [Paras 7, 9]

Pensionary Benefits - Government Undertaking - Service Transition - Petitioner joined District Consumer Disputes Redressal Forum through proper channel during the winding up of the Corporation - Managing Director’s approval for relieving - Service rendered in the Corporation to be considered for pension benefits - Instruction dated 18.04.2016 from the Government of Punjab applicable. [Paras 3, 4, 7, 8]

Court’s Reasoning - Previous Judgments - Similar circumstances where service in corporations was counted for pensionary benefits despite transition before winding up - Reliance on earlier cases (CWP No. 25876 of 2012 and CWP No. 10008 of 2006) where relief was granted for counting service in corporations for pension - Respondents' objections dismissed. [Paras 8, 10, 12, 13]

Decision:

The writ petition is allowed. The respondents are directed to count the service rendered by the petitioner in the Punjab Land Development and Reclamation Corporation from 01.11.1975 till 04.01.2001 as qualifying service for pensionary benefits. The computation and payment of the pensionary benefits, including arrears with 9% interest per annum from the date it became due, must be completed within three months. Petitioner is required to refund any amounts received at the time of leaving the Corporation with interest as per procedure.

Constitution of India - Articles 226/227 - Pensionary Benefits - Financial Crisis Not a Valid Reason - Held, financial crisis is not a justifiable reason to withhold pensionary benefits. Interest granted on delayed payments at 9% per annum from the date it became due till release.

Pensionary Benefits - Delayed Payments - Analysis - Held: Withholding of pensionary benefits without valid justification, such as mere financial difficulties, is not acceptable. Petitioners entitled to interest on delayed pensionary payments as per established legal principles.

Decision - Interest Granted on Delayed Pensionary Payments - Court directed the respondent-Corporation to calculate interest at 9% per annum on delayed payments and release the amount to the petitioners within specified time frames.

Constitutional Law - Land Acquisition - Articles 226 and 227 - Sections 3(d) and 30 of Land Acquisition Act - Dispute on Apportionment of Compensation - Collector must refer disputes to the Principal Civil Court of original jurisdiction - Collector’s order adjudicating compensation entitlement quashed - Collector directed to refer the application to District Judge for detailed decision. [Paras 11, 12]

Land Acquisition - Jurisdiction of Collector - Section 30 of Land Acquisition Act - Dispute over compensation for 'Nazool' land acquired for public purposes - Collector transgressed jurisdiction by deciding entitlement - Proper authority is the Principal Civil Court of original jurisdiction - Collector’s decision found without jurisdiction. [Paras 7, 8, 11]

Court's Reasoning - Legal Precedents and Jurisdiction - Section 30 mandates disputes on compensation to be referred to the Court - Collector’s decision lacks jurisdiction as per Supreme Court precedents - Reference to the Court ensures fair adjudication on entitlement issues. [Para 8]

Decision:

The writ petition is allowed. The order dated 29.04.2016 by the Land Acquisition Collector is quashed. The Collector is directed to refer the application dated 09.06.2016 to the District Judge, Patiala for detailed adjudication within four weeks. The Reference Court shall protect the interests of the petitioner-Society regarding the compensation payment during the pendency of the reference.

Specific Relief Act - Termination of Insurance Contract - Sections 14 and 34 - Maintainability of Suit for Declaration - On revocation of insurance contract, the plaintiff is entitled to file a suit for damages for wrongful termination, not for a declaration - Suit for declaration held not maintainable - Plaintiff must seek damages as per Section 14 of the Specific Relief Act. [Para 17]

Contract Law - General Insurance - Section 124 of Indian Contract Act - Termination before Expiry - Contracts of indemnity can be terminated before expiry of the term - Insurance companies or owners can walk out of such contracts by providing sufficient notice - Insurance contracts are terminable before the end of the term as per the contract's terms. [Para 18]

Court's Reasoning - Analysis of First Appellate Court’s Findings - The First Appellate Court erred in its judgment by overlooking the rights of the insurer under the insurance contract - The insurance company exercised its contractual right to terminate the policy by giving sufficient notice - The public interest argument and the compulsory nature of third-party insurance do not override the contractual terms allowing termination. [Paras 11-15]

Decision:

The regular second appeal is allowed. The judgment of the First Appellate Court is set aside, and the judgment of the trial court dismissing the suit for declaration is restored. The plaintiff's remedy lies in filing a suit for damages for wrongful termination of the insurance contract.

Constitutional Law - Judicial Review - Articles 21, 226 - Scope of Commission of Inquiry - Expeditious Investigation - Principles of Natural Justice - Government of Punjab set up Commissions to investigate incidents of sacrilege and related violence - Reports of Zora Singh and Ranjit Singh Commissions challenged - Commissions' recommendations are advisory, not binding - Judicial review permissible but no fault found in Vidhan Sabha's resolution to withdraw investigation from CBI - Commissions recommended actions, State Government responsible for implementation. [Paras 22, 23, 32, 33]

Police Investigation - Withdrawal of Consent to CBI - Section 6 DSPE Act - Investigation of specific FIRs initially transferred to CBI - Vidhan Sabha resolution and subsequent State Government notifications withdrew consent - Investigation reverted to State authorities - Court upheld State's decision - CBI's investigation had made little progress, State entitled to withdraw consent. [Paras 25, 31, 33]

Procedural Fairness - Right to Cross-Examination - Sections 8-B, 8-C of Inquiry Act - Commission proceedings not equivalent to a trial - Petitioners argued lack of opportunity for defense - Court noted Commission's role is fact-finding, not adjudicatory - Petitioners had opportunities to present their case - No violation of natural justice found. [Paras 41, 44]

Public Interest - Effective Investigation - Need for prompt and transparent investigation highlighted - Successive Commissions not a substitute for professional inquiry by investigating agencies - Investigations should focus on uncovering the truth using forensic methods - Commissions serve to inform government policy, not execute judicial functions. [Paras 36, 47]

Decision:

The petitions are dismissed. The court finds no merit in the challenge to the reports of the Zora Singh and Ranjit Singh Commissions or the withdrawal of consent for CBI investigation. The Special Investigation Team (SIT) is expected to conduct a fair, impartial, and expeditious investigation, free from external pressure.

Constitutional Law - Article 226 - Hindu Marriage Act - Section 12 - Punjab Civil Service Rules - Rule 6.17(3)(a) - Family Pension - Widow Remarriage - Void Marriage - Widow’s family pension stopped due to remarriage - Remarriage annulled by decree due to fraud - Family pension restored - Held, void marriage not considered remarriage for the purpose of stopping family pension. [Paras 16, 17]

Family Pension - Valid Marriage Requirement - Family pension entitlement stops on valid remarriage - Void marriage due to fraud does not qualify as remarriage - Petitioner entitled to restoration of family pension from the date it was stopped - Pension cannot be denied due to a fraudulent remarriage that was annulled. [Paras 16, 17]

Court’s Reasoning - Fraudulent Marriage Annulment - Competent court’s annulment of second marriage due to fraud validates restoration of widow status - Pension rules focus on valid remarriage for termination of pension benefits - Fraudulent remarriage annulled cannot impact family pension rights. [Para 16]

Decision:

The writ petition is allowed. The respondents are directed to restore the petitioner's family pension from the date it was stopped and to pay the arrears within two months from the receipt of the certified copy of this order.

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]