Punjab Law Reporter, Author at PLRonline.in

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

Locus standi – Exception

‘This view also found expression in office of Communication of United Church of Christ v. FCC 123, US App. DC...

NIA S. 138 – Dismissal in default – Once warrants has been issued, the complaint can not be dismissed for non prosecution

Advocates: SRI S.G. RAJENDRA REDDY, P. PRASANNA KUMAR. NIA S. 138 - CrPC S. 70(2) - Once warrants has been...

[SC] IPC S. 420 – – In the absence of any allegation of dishonest inducement it cannot be said that offence under Section 420 has been committted.

Indian Penal Code, 1860 (XLV of 1860), S. 420 - Dishonest inducement - To make out a case against a...

Fair rent – Rent Controller can not fix fair rent as per provisions of Order 15 Rule 5 C.P.C.

East Punjab Urban Rent Restriction Act, 1949 (III of 1949) Section 13 – Fair rent – That Rent Controller ought...

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

East Punjab Urban Rent Restriction Act, 1949 Sector 13 – Fair rent – Rent Controller has assessed the rent –...

ANDRIZ HYDRO PRIVATE LIMITED v. RAY CONSTRUCTION LIMITED , (2022-1)205 PLR 063, 2022 PLRonline 7450

Agreement to Sell – Transaction during the pendency of the suit is not illegal or void ab initio but only voidable at the option of the decree holder

Agreement to Sell – Transaction during the pendency of the suit is not illegal or void ab initio but only...

CPC O. 1 R. 15, O. 6 R. 17 – Amendment – Nature of suit is sought to be changed by turning it into a suit for declaration and permanent injunction instead of the original suit for permanent injunction only – Dismissal upheld. 2022 PLRonline 8254

Agreement to Sell – Payment of double of the amount of the earnest money – Not paid – Decree of specific performance of the agreement to sell – Upheld.

Agreement to Sell – Clause 3 of the agreement to sell provided that if Seller does not execute the sale...

Service matter – Quantum of punishment in disciplinary matters – factors

CPC O.8 R. 1 – Court below could have permitted to file written statement subject to certain penalty as a deterrent – Provision has been held to be directory in nature – By way of imposition of costs, petitioner shall plant 100 trees of deciduous and perennial in nature,

Civil Procedure Code, 1908 (V of 1908) Order 8, Rule 1 – Provision of Order 8 Rule 1 CPC, ordinarily...

Universal Petro Chemicals Ltd. v. B.P. PLC , 2022 PLRonline 1803 , 2022 SCeJ 0307 , (2022-1)205 PLR 794 (SC)

Constitution of India, Art. 309 – Compassionate Employment – There cannot be two different pay-scales for the employee appointed on compassionate ground and the employee appointed on regular basis

Constitution of India, Article 309 – Appointment on compassionate ground – There cannot be two different pay-scales for the employee...

Courts – Power of the courts/judicial authorities to mould relief

Land Acquisition – Compensation – Distribution to LRs – Will

Land Acquisition - Compensation – Distribution to LRs. - Compensation assessed by the Collector – Order by a Tribunal apportioning...

Employees Compensation Act, S. (2)(I)(2), 4 – Permanent disability – Functional loss of 100% of limb.

Will – Relevance of deposit of the Wills under the Registration Act has nothing to do with the outcome of the Will in terms of either Section 32/35 of the Evidence Act and at the most can be a relevant fact under the law

Will - Deposited under Section 42 of the Registration Act, 1908 - The relevance of deposit of the Wills under...

Waiver – Waiver is an intentional relinquishment of a known right.

Will – Deposit of Wills under Section 42 of the Registration Act does not in any manner, affects the legality and validity of the Will in dispute and which is subject to comprehensive adjudication by the Civil Court and not by such summary proceedings before a Tribunal.

Mr. Akshay Kumar Goel, for the petitioner. Mr. Chetan Bansal, for the respondents. Will - Will deposited in the office...

Constitution of India, Article 226 – No such principle of law that a High Court, in exercise of its jurisdiction under Art.226 of the Constitution of India cannot decide disputed questions of fact.

CrPC S. 107 – Magistrate is not empowered to give effect to delivery of possession of the property

Cr.P.C. S. 107 - Magistrate is not empowered to give effect to delivery of possession of the property - Magistrate...

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

[SC] Ad- hoc employee is entitled to pensionary benefits

Pensionary benefits - Ad- hoc employee - State continued to take his services as an ad-hoc for over three decades...

Insurance policy – Non communication of special terms of policy – Repudiation set aside

Bank – Loan – Mortgage – “oral assent” – Bank says there is “oral assent” for such extension, to get over the difficulty of not having any registered document evidencing extension – Any internal record of the Bank recording oral assent for such extension for enhancement of the Loan limits does not bind the petitioners being a unilateral document to which they did not subscribe their signatures

Bank – Loan – Mortgage - “oral assent” - Bank says there is “oral assent” for such extension, to get...