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Punjab Law Reporter

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

HMA S. 13 – Cruelty – Appellant was leading an adulterous life which was worse kind of mental cruelty caused to the respondent, the conclusion irresistible is that the marriage between the parties had reached a dead end

Hindu Marriage Act, 1955 (25 of 1955) Section 13 – There being enough evidence to establish that the appellant and...

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

Suit for specific performance – Readiness and Willingness – Mortgage – Except for the solitary statement in the plaint no evidence whatsoever was led on behalf of the respondent – Not entitled to specific performance.

Suit for specific performance – Readiness and Willingness - Mortgage - Except for the solitary statement in the plaint no...

East Punjab Urban Rent Restriction Act, – S 2(dd), 13B, 18A – NRI – When the landlord was residing abroad but often visiting India, is entitled to evict the tenant.

Power of Attorney – Power of sale vested – Sale-deed executed – Is valid – Passing of sale consideration to the power of attorney holder and whether the money has passed to the real owner or not, same is between real owner and the attorney and as such sale transaction cannot be held to be invalid.

Mr. Avnish Mittal, for the appellant. Mr. Puneet Bali, Senior Advocate with Mr. Shivam Sharma and Mr. Vishwajeet Singh, for...

HMA S. 13(1)(ia) – Mental cruelty – In case of mental cruelty it will not be a correct approach to take an instance of misbehavior in isolation and then pose the question whether such behaviour is sufficient by itself to cause mental cruelty – The approach should be to take the cumulative effect of the facts and circumstances

Hindu Marriage Act, 1955, S. 13(1)(ia) – Cruelty - What is the meaning and import of the expression 'cruelty' as...

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

CPC O. 9 R. 13 – Ex parte judgment – Set aside with costs of Rs 1.5 lacs.

CPC Order IX Rule 13 - Respondents instituted civil suit of 2004 for specific performance of the contract on the...

NDPS – Bail – Petitioner was not apprehended from the spot – No recovery is to be made from the petitioner – His name surfaced in a disclosure statement –

Mr. Suram Singh Rana, for the petitioner. Ms. Gurmeet Kaur Gill, Sr. Panel Counsel, Union of India NCB Criminal Procedure...

Constitution of India , Article 226 – ‘error of jurisdiction’ – Discretionary exercise of jurisdiction by the High Courts under Article 226(1) when the contention could be raised and decided by the Tribunal having exclusive jurisdiction

Constitution of India , Article 226 - ‘error of jurisdiction’ - Discretionary exercise of jurisdiction by the High Courts...

Contract/agreement – Laws applicable at the time of contract/agreement shall be applicable

Contract/agreement - Laws applicable at the time of contract/agreement shall be applicable - Parties shall be governed by the laws...

CPC S. 151 , CPC O.18 R.17 – Additional evidence – When the documents sought to be produced in additional evidence goes to the root of the matter, the Court should have been more pragmatic and magnanimous particularly when the dispute is with regard to the public property.

Vijay Sharma, for the petitioner CPC S. 151 , CPC O. 18 R. 17 - Under Section 151 CPC, the...

Suit for Declaration – A non-party to the document is not required to seek annulment thereof – No ad valorem court fee is payable

Mr. Jaskamal Singh Grewal, for the petitioner Suit for Declaration – Plaintiff is not seeking possession - The plaintiff...

[SC] Workmen Compensation Act, 1923 – Interest – Reduced to 6% p.a. – Interest shall be calculated from the date of the judgment of the High Court

Workmen Compensation Act, 1923 (8 of 1923) - Interest directed by the High Court to be paid @ 12% p.a....

Service Matter – Regularization – Mode of appointment through ‘regularization’ was a clear violation of the Constitutional scheme and was illegal

This case reached the Supreme Court as certain temporarily engaged daily wagers demanded regularization on the ground that they had...

Locus Standi – Rule in regard to locus standi thus postulates a right-duty pattern which is commonly to be found in private law litigation – But, narrow and rigid though this rule may be, there are a few exceptions to it which have been evolved by the Courts over the years.

Supreme Court in S.P Gupta v. President of India, 1981 (Sup.) SCC 87 -. Writ petitions were filed in various...

Execution – Admitted that as of now, there is no declaration in his favour, as regards any right, title or interest in any part of the suit property. Mere pendency of a regular second appeal does not entitle to become a party in the execution petition which has arisen from an order of to of eviction.

Execution – Admitted that as of now, there is no declaration in his favour, as regards any right, title or...

Mines and Minerals (Development and Regulation) Act 1957 S. 22 – Police Inspector was not competent to file complaint and register the first information report – FIR quashed

SUNANDA P. PATIL, ADV., STATE PUBLIC PROSECUTOR MMines and Minerals (Development and Regulation) Act, 1957 S. 22 - CrPC S....

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Punjab Law Reporter

HMA S. 13 – Cruelty – Appellant was leading an adulterous life which was worse kind of mental cruelty caused to the respondent, the conclusion irresistible is that the marriage between the parties had reached a dead end

Suit for specific performance – Readiness and Willingness – Mortgage – Except for the solitary statement in the plaint no evidence whatsoever was led on behalf of the respondent – Not entitled to specific performance.

CPC O. 9 R. 13 – Ex parte judgment – Set aside with costs of Rs 1.5 lacs.

NDPS – Bail – Petitioner was not apprehended from the spot – No recovery is to be made from the petitioner – His name surfaced in a disclosure statement –

Constitution of India , Article 226 – ‘error of jurisdiction’ – Discretionary exercise of jurisdiction by the High Courts under Article 226(1) when the contention could be raised and decided by the Tribunal having exclusive jurisdiction

Contract/agreement – Laws applicable at the time of contract/agreement shall be applicable

CPC S. 151 , CPC O.18 R.17 – Additional evidence – When the documents sought to be produced in additional evidence goes to the root of the matter, the Court should have been more pragmatic and magnanimous particularly when the dispute is with regard to the public property.

Suit for Declaration – A non-party to the document is not required to seek annulment thereof – No ad valorem court fee is payable

[SC] Workmen Compensation Act, 1923 – Interest – Reduced to 6% p.a. – Interest shall be calculated from the date of the judgment of the High Court

Service Matter – Regularization – Mode of appointment through ‘regularization’ was a clear violation of the Constitutional scheme and was illegal

Locus Standi – Rule in regard to locus standi thus postulates a right-duty pattern which is commonly to be found in private law litigation – But, narrow and rigid though this rule may be, there are a few exceptions to it which have been evolved by the Courts over the years.

Mines and Minerals (Development and Regulation) Act 1957 S. 22 – Police Inspector was not competent to file complaint and register the first information report – FIR quashed

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