Punjab & Haryana
Service matter – If a person is asked to perform the duties regularly though in officiating capacity or on current duty charge or as a temporary measure, the said person would be entitled to the higher pay i.e. the pay which is payable while performing the duties in higher/promotional post
Appellant had continued with the current duty charge for the period from 26.06.2014 up to the date of his superannuation...
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Punjab Minor Mineral Concession Rules, 1964– Land is neither a mine, sand etc. nor is owned by the State Government – Government has no right over the same to make any levy as claimed by it.
Punjab Minor Mineral Concession Rules, 1964, Section 54(f) – Revenue document “Wajib-ul-arz” shows that as per the records of right...
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CPC O. 21 R. 32 – Executing Court is required to arrive at a finding that the JD has wilfully disobeyed the decree – If no such material is there , has ot dismiss the execution petition.
Civil Procedure Code, 1908 (V of 1908) Order 21 Rule 32 – Before passing an order under O. 21 R....
Read moreRent – Mesne profits – Concept of mesne profit has been devised in order to enable the landlord to recover the market rent during the pendency of appeal and revisions – Hence, the mesne profit cannot be assessed only on the basis of fair rent fixed by the Rent Controller.
Haryana Urban (Control of Rent and Eviction Act 1973 S. 4, 5 – Mesne profits – Once the tenant has...
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Will – No evidence has been produced to prove the signatures of the executant – Finding of the both courts the Will have been proved is erroneous
Evidence Act, 1872 (1 of 1872) Section 68, 69 – Will – Casts an obligation on the propounder to...
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Sarfaesi S. 31(b) – Pledge of movables – Section 31(b) of the 2002 Act cannot be said to be wholly applicable
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) Section 31(b) – Not...
Read moreRetiral benefits – Retiral benefits are not just what one accumulates during the length of service to be utilised in the mature years of one’s life but they also are earned for the dependant family members to provide them financial security even after the demise of the retired employee.
Service matter - Retiral benefits - Retiral benefits are not just what one accumulates during the length of service to...
Read moreService matter – Punishment – Different yard-stick for different regular employees – Very hard for us to digest the gross variance in choosing not to departmentally proceed against some employees and on the other hand awarding extreme punishment to others.
Service matter - Punishment - Different yard-stick for different regular employees - Technical papers - Petitioner co-author alongwith others -...
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Haryana School Education Act 1995 S. 22 – Specifically bar jurisdiction of Civil Court
Haryana School Education Act, 1995 (12 of 1995) Section 22 - Specifically bar jurisdiction of Civil Court and which ensures...
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CPC O. 6 R. 17 – every passing moment may give a fresh cause of action to a party to institute a suit for permanent injunction
Mr. Abdul Shehbaz Thind, for the petitioner. Mr. Sham Lal Bhalla, for the respondents Civil Procedure Code, 1908 (V of...
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Employees Compensation Act S. 2(d)(iii) – “widowed mother”
Employees Compensation Act, 1923 (8 of 1923) Section 2(d)(iii) – Clause b of Sub-Section (iii) to Section 2(d) of the...
Read moreService matter – Wilful misconduct and negligence simplicitor are not inter changeable terms and have different connotations in law – – Punishment – Doctrine of proportionality – It would be extremely harsh and would rather cause injustice to the petitioner in wiping out his entire retiral benefits, which have accrued to him over a span of 3 decades
Service matter - Wilful misconduct and negligence simplicitor are not inter changeable terms and have different connotations in law - ...
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Land Acquisition – Stay orders – Effect of – After announcing the award, possession of the land has been taken and handed over to the beneficiary Department i.e. HUDA on the day of the award except the land for which the orders of stay, status quo and stay of dispossession have been passed by the competent Court
Mr. S.S. Dinarpur, for petitioner(s) Mr. Ankur Mittal, Addl. A.G., HY. assisted by Ms. Kushaldeep Kaur. Right to Fair...
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Partial Compromise – Quashing – Allowed.
Mr. Hitesh Verma, for the petitioner. Mr. Sarabjit S. Cheema, AAG, Punjab. Mr. Durga Dutt Sharma, for respondent No.2. Criminal...
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NI S. 143-A – Not mandatory – Court granted interim compensation under just in a routine manner and there is no application of mind as to why the said compensation has to be awarded
Negotiable Instruments Act, 1881 S. 143(A) - Trial court directed the petitioner to pay interim compensation to the tune of...
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