(1) M/S RELIANCE RETAIL LTD. …PETITIONER Vs. STATE OF PUNJAB AND ANOTHER …RESPONDENTS D.D 05/04/2017

Constitutional Law - Judicial Review of Tax Rules - Validity of Time Limits – Petitioner, a registered dealer under the Punjab Value Added Tax Act, 2005, challenged Rule 20 of the Punjab Value Added Tax Rules, 2005, which mandates a 90-day time limit for claiming back ITC for goods sent for job work – Court held that Rule 20 is not ultra vires Section 13(3) of the Act – Reason fo...

PUNJAB AND HARYANA # CWP No. 20311 of 2015 Docid 2017 LEJ Civil PH 41

(2) LIFECARE INNOVATIONS PVT. LIMITED …PETITIONER Vs. UNION OF INDIA AND ANOTHER …RESPONDENTS D.D 05/04/2017

Constitutional Law - Tender Conditions - Judicial Interference – Petitioner engaged in the healthcare sector challenged the minimum turnover requirement of ₹200 crores stipulated in a tender by PGIMER – Held, it is the prerogative of the tendering authority to set eligibility criteria – Court to interfere only if conditions are arbitrary, irrational, or illegal – Turnover...

PUNJAB AND HARYANA # CWP No. 2268 of 2017 Docid 2017 LEJ Civil PH 11

(3) DHARAWANT SINGH …PETITIONER Vs. NARINDER KAUR …RESPONDENT D.D 04/04/2017

Family Law - Interim Maintenance - Maintenance for Children under Section 24 – Petitioner challenged the order granting interim maintenance of ₹2000 per month to the wife and ₹2500 per month each to minor children – Marriage solemnized in 2008 with two children born from wedlock – Wife left matrimonial home in 2013 and filed application under Section 24 for interim maintenanc...

PUNJAB AND HARYANA # CR No. 1356 of 2016 Docid 2017 LEJ Civil PH 20

(4) BALWANT SINGH BHANDIR …PETITIONER Vs. HIGH COURT OF PUNJAB AND HARYANA …RESPONDENT D.D 29/03/2017

Service Law - Promotion Post-Acquittal and Exoneration – Petitioner, previously reverted and placed under suspension with two disciplinary proceedings initiated, exonerated in one and punished in another – Acquitted in criminal case on 30.04.2016 – Held, cause of action for seniority, promotion, and re-fixation of pay arises from acquittal date – Respondents directed to rec...

PUNJAB AND HARYANA # CWP No. 5424 of 2013 Docid 2017 LEJ Civil PH 33

(5) M/S MAHESH KUMAR SINGLA AND ANOTHER …PETITIONERS Vs. UNION OF INDIA AND OTHERS …RESPONDENTS D.D 27/03/2017

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...

PUNJAB AND HARYANA # CWP No. 23368 of 2015 Docid 2017 LEJ Civil PH 91

(6) SUMER CHAND …PETITIONER Vs. AMARJIT SINGH …RESPONDENT D.D 27/03/2017

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 me...

PUNJAB AND HARYANA # CR No. 274 of 2017 Docid 2017 LEJ Civil PH 55

(7) GURBACHAN KAUR …PETITIONER Vs. LAKHWINDER KAUR …RESPONDENT D.D 24/03/2017

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 allowe...

PUNJAB AND HARYANA # CR No. 1705 of 2016 Docid 2017 LEJ Civil PH 50

(8) ARUN KUMAR …PETITIONER Vs. GURCHARAN SINGH …RESPONDENT D.D 24/03/2017

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 – Sa...

PUNJAB AND HARYANA # CR. No. 1630 of 2017 Docid 2017 LEJ Civil PH 15

(9) BALDEV SINGH …PETITIONER Vs. SHREE SANATAN DHARAM SABHA …RESPONDENT D.D 22/03/2017

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...

PUNJAB AND HARYANA # CR No. 1884 of 2017 Docid 2017 LEJ Civil PH 35