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Punjab Law Reporter

Contractual employee – Termination of service before the expiry of their contract period, the remedy in that regard is to claim damages and not to ask for being allowed to do work

Contractual employee - Constitution of India, Article 226 – It may be observed here that if the petitioners nurse a...

Security Interest (Enforcement) Rules 2002 Rule 19(1) – E-auction – Personal service of the e-auction notice on loanee – Rule mandatory.

Mr. Mahesh Dheer, for the petitioners. Mr. Anshuman Harit, for Mr. Arvind Seth, for UOI. Mr. Gaurav Goel, for the...

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

NPA – Supreme Court order in (Small Scale Industrial Manufactures Association v. Union of India (UOI) & Ors., (Writ Petition No.476/2020 , decided vide order dated 23.03.2021) – Bank’s contention that in Section 13(2) notice issued on 27.04.2021 for the first time, the loan account was declared as NPA on 30.11.2020 but such a declaration has not been issued during the subsistence of the order of the Supreme Court – There is no violation of the order of the Supreme Court.

NPA - Supreme Court order in (Small Scale Industrial Manufactures Association v. Union of India (UOI) & Ors., (Writ Petition No.476/2020...

Service Law – Appointment – Educational qualification – Judicial review can neither expand the ambit of the prescribed qualifications nor decide the equivalence of the prescribed qualifications with any other given qualification Equivalence of qualification is a matter for the State, as recruiting authority, to determine

Service Law – Appointment – Educational qualification – Posts of Arts and Crafts teachers in State of Haryana - Diploma...

Appointment – Vacancy of seat in one reserved category and transfer to another

Service matter - Plea that in case no candidate has been found to be eligible under the Scheduled Caste (Sportsperson)...

Auction – Interim stay by High Court – Confirmation of sale after 5 years – Corporation failed in its duty in not taking into account the lapse of five years from the date of auction while handing over the possession of the property to the Auction Purchaser – The value of the property has undoubtedly increased during the said period – Auction Purchaser liable to pay interest at the rate of 12% per annum on bid amount for the period from 2013 to 2018.

Financial and Debt Laws – Auction – Bid accepted in 2013 – Confirmation stayed by the High Court in the...

Contract – Court is expected to gather the intent of the parties which they had while entering into the contract from the reading of the complete contract.

Limitation – Once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it.

Limitation Act, 1963 (36 of 1963) Section 9 – Clearly provides that where once time has begun to run, no...

NIA S. 138 – CrPC S. 482 – – Burden of proving that there is no existing debt or liability, is to be discharged in the trial – When there is legal presumption, it would not be judicious for the quashing Court to carry out a detailed enquiry on the facts alleged, without first permitting the trial Court to evaluate the evidence of the parties

Negotiable Instruments Act, 1881, S. 138 – Companies Act, 2013 S. 56(1) – Criminal Procedure Code, 1973, S. 482 –...

CrPC S. 482 – Court should be slow to grant the relief of quashing a complaint at a pre-trial stage, when the factual controversy is in the realm of possibility particularly because of the legal presumption – NIA S. 138

Criminal Procedure Code, 1973, S. 482 – Negotiable Instruments Act, 1881, S. 138 – Court should be slow to grant...

CrPC S. 482 – In exercise of its jurisdiction under Section 482 CrPC, must make a just and rightful choice

The High Court, in exercise of its jurisdiction under Section 482 CrPC, must make a just and rightful choice. This is...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

Parole and Furlough

(i) Furlough - Is an incentive towards good jail conduct, even if the person is otherwise not to get any...

Furlough – is an incentive towards good jail conduct

Furlough - is an incentive towards good jail conduct, even if the person is otherwise not to get any...

CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

[P&H] CPC S. 100 – Once a decree sheet has been prepared, the defendant-petitioners cannot merely challenge the order dismissing their application for condonation of delay by filing a revision petition when they have a remedy of filing a second appeal against the decree sheet drawn up

CPC S. 100 - Once a decree sheet has been prepared, the defendant-petitioners cannot merely challenge the order dismissing their...

[SC] Land Acquisition – Deductions required to be made when considering transactions pertaining to small developed plots, for determining compensation of large areas

Arbitration and Conciliation Act, S. 11(6) – Instrument is not properly stamped – Court cannot act upon such a document or the arbitration clause therein .

Arbitration and Conciliation Act, 1996 - Section 11(6) - When a lease deed or any other instrument is relied upon...

CrPC S. 125- Maintenance – Appellant-husband unable to prove non-access to wife – DNA test showed appellant was not the biological father of the child – Non-access to wife stands proved – Husband could not be compelled to bear the fatherhood of the child.

CrPC S. 125- Maintenance - Appellant-husband unable to prove non-access to wife - DNA test showed appellant was not the...

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Punjab Law Reporter

Contractual employee – Termination of service before the expiry of their contract period, the remedy in that regard is to claim damages and not to ask for being allowed to do work

Security Interest (Enforcement) Rules 2002 Rule 19(1) – E-auction – Personal service of the e-auction notice on loanee – Rule mandatory.

Appointment – Vacancy of seat in one reserved category and transfer to another

Limitation – Once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it.

CrPC S. 482 – Court should be slow to grant the relief of quashing a complaint at a pre-trial stage, when the factual controversy is in the realm of possibility particularly because of the legal presumption – NIA S. 138

CrPC S. 482 – In exercise of its jurisdiction under Section 482 CrPC, must make a just and rightful choice

Parole and Furlough

Furlough – is an incentive towards good jail conduct

[P&H] CPC S. 100 – Once a decree sheet has been prepared, the defendant-petitioners cannot merely challenge the order dismissing their application for condonation of delay by filing a revision petition when they have a remedy of filing a second appeal against the decree sheet drawn up

Arbitration and Conciliation Act, S. 11(6) – Instrument is not properly stamped – Court cannot act upon such a document or the arbitration clause therein .

CrPC S. 125- Maintenance – Appellant-husband unable to prove non-access to wife – DNA test showed appellant was not the biological father of the child – Non-access to wife stands proved – Husband could not be compelled to bear the fatherhood of the child.

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