Civil Procedure Code, 1908, Order 22 - Rule 3, Limitation Act, 1963, Section 14 -- Impleading of L.R's on death of sole plaintiff - Application dismissed by holding that applicant is not the legal representative - Remedy against such an order is by way of revision and not appeal - Appeal filed against such order - Held, if revision is filed, the period spent in bonafide litigation, shall be excluded for the purposes of limitation.Year of Decision 2011 File Number 28344 - Sat, 27 Oct 2012 00:00:24 +0530
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Ejectment petition on ground of unauthorised possession of Panchayat land - Suit land alleged to be evacuee property, vesting in custodian department and petitioners purchased a plot from custodian department and thus they are owners in possession thereof for last 60 years and that they have constructed their residential house thereover - Petitioners raised question of title - Without deciding question of title at the first instance, ejectment order cannot be passed - Impugned order passed without deciding question of title set aside - Land whether is Shamlat deh or evacuee property or that land of petitioners is exempted from operation of law, in view of S.4 of the Act, on account of their long possession, would be most points to be decided by authorities under the Act - Matter remitted for decision afresh.Year of Decision 2011 File Number 28354 - Sat, 27 Oct 2012 08:30:13 +0530
Punjab Panchayati Raj Act, 1994, Section 19 -- Removal of petitioner from office of Sarpanch, by passing `No Confidence Motion' - Held, mere passing of resolution ipso facto is not sufficient for removal, unless name of Sarpanch is denotified in official gazette.Year of Decision 2011 File Number 28351 - Sat, 27 Oct 2012 06:30:13 +0530
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Arrears of rent - Eviction order on ground of non payment of arrears of rent passed by Rent Controller affirmed by Appellate Authority - Rent Controller assessed provisional rent and fixed date for its tender - Tenant failed to tender rent as per order of Rent Controller consequent whereupon eviction order passed - Tenant contended that rent could not be tendered as date of hearing was wrongly noted - However, even on noted date no application moved before Rent Controller for tendering arrears of rent - Held, order of eviction rightly passed.Year of Decision 2011 File Number 28350 - Sat, 27 Oct 2012 06:00:09 +0530
Punjab Town Improvement Trust Act, 1922, Section 72(E), 36 -- Land acquired by trust - Objections not filed by petitioner in pursuance to notification issued u/s 36 of the Act - Trust passed resolution to adjust all the small plot holders - However, same was annulled by Govt. partially, suo motu without giving any opportunity to the petitioners u/s 72 (E) of the Act - Held, petitioners have not filed any objections in pursuance to the notification issued u/s 36 of the Act, therefore, even if no opportunity was given to them while annulling the resolution by the Govt., no prejudice has been caused to them as there was no stage/occasion for the petitioners to substantiate their objections which were never raised.Year of Decision 2011 File Number 28352 - Sat, 27 Oct 2012 07:00:10 +0530
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 7 -- Assessment of damages for unauthorized use and occupation of public premises - Considerations - Held, period for which public premises have remained in unauthorized occupation, nature, size and standard of accommodation available, rent that would be realized, if premises let out for period of unauthorized occupation and damage done to premises during period of unauthorized occupation, are the considerations which the Collector is required to take the note of.Year of Decision 2011 File Number 28348 - Sat, 27 Oct 2012 05:00:12 +0530
Constitution of India, 1950, Article 14, 16, 226 -- Promotion - Retrospective promotion - No work no pay - For no fault of the petitioner promotion was not given to him and junior to him promoted - Subsequent promotion after 10 years from the date junior was promoted with clause in promotion order that the petitioner will not entitled to claim any arrears of pay from the date of promotion to the date he actually joins - Clause as regards denial of arrears of pay liable to be quashed - Respondents directed to calculate the arrears of pay and refix the salary of the petitioner - As the petitioner has retired further direction issued redetermine his pension. File Number 28365 - Sat, 27 Oct 2012 14:30:15 +0530
Constitution of India, 1950, Article 12, 226 -- Punjab Co - operative Societies Act, 1961 - Writ jurisdiction - Cooperative society - Alternative remedy - Writ maintainability - The share money of the State Government in the respondent - Cooperative Bank is only 0.36% - There is nothing on the record to suggest that the control over the society is of the State Government - Writ petition against respondent - Bank not maintainable - The petitioner can approach the appropriate/competent authority for redressal of his grievance under the Punjab Co - operative Societies Act, 1961 and Rules, 1963. File Number 28362 - Sat, 27 Oct 2012 13:00:12 +0530
Haryana Compassionate Assistance, Dependents of Deceased Government Employees Rules, 2003, Rule 3(k), 18 -- Compassionate appointment - Orphan - Relaxation of rules - Parents of petitioner both J.B.T. Teachers in Haryana Education Department died in accident in 1988 when the petitioner was only one year of age - Claim of compassionate appointment on attaining majority in the year 2004 - No provision in 1985 policy instructions for keeping post reserved for minor for compassionate appointment - In 2003 Rules there is provision for providing employment for orphans and there is provision for relaxation - Keeping in view the spirit, object and purpose of the Rules the claim of the petitioner is required to be considered in terms of Rule 18 of the Rules 2003 as the petitioner falls within the definition of the expression 'orphan' as defined under Rule 3(k) - Respondents directed to release further ex - gratia amount on account of death of the parents of the petitioner, both being Govt. employees - The claim of the petitioner for compassionate appointment as an orphan directed to be considered. File Number 28364 - Sat, 27 Oct 2012 14:00:11 +0530
Constitution of India, 1950, Article 14, 16, 226 -- Appointment - Anganwari worker - Munadi for inviting application for filling up the post done in the village on 15.5.2007 and five applications received - Petitioner found meritorious selected and appointed - Respondent No.6 challenged selection on the ground that her application dated 14.4.2007 not considered - Direction by the court to pass speaking order - Deputy Commissioner holding that for non - consideration of the case of respondent No. 6 selection vitiated and directed that fresh applications be invited - Assertion of respondent No. 6 that no munadi done on 15.5.2007 falsified - Since respondent No. 6 did not apply pursuant to munadi on 15.5.2007 no question of considering her name or applying by her on 14.4.2007 - Order passed by the Deputy Commissioner directing inviting of fresh application found to be baseless. File Number 28368 - Sat, 27 Oct 2012 16:00:08 +0530
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Electricity connection - Domestic meter - Deficiency in service - Compensation - Enhancement of compensation - Non providing of meter on the ground the second meter in the same dwelling unit not provided as the petitioner failed to prove there were two dwelling units with second kitchen - District Forum directing installation of meter without any compensation - State Commission on appeal being filed by petitioner - complainant granted compensation of Rs. 5,000 - Held that the compensation awarded by the State Commission is adequate and does not call for any enhancement. File Number 28361 - Sat, 27 Oct 2012 12:30:08 +0530
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 114(A), Insurance Regulatory and Development Authority Act, 1999, Section 14 , 26, Insurance Regulatory and Development Authority (Protection of Policy Holders' Interest) Regulations, 2002 -- Regulation 3 - Regulation 3 - Regulation 3 - Insurance claim - Exclusion clause - Held that being aware of the existence of the police is one thing and being aware of the contents and meaning of clauses of the policy is another - Not the case of the petitioner - Insurance Company that the contents and the meaning of the policy were made known to the complainant as the policy was taken by the Bank - It is also nowhere on record that the Insurance Company had explained the meaning of all the exclusion clauses to the Bank and requested them in turn to bring them to the notice of the complainant - Findings of the Fora below that exclusion clause not binding on the respondent - complainant upheld. File Number 28356 - Sat, 27 Oct 2012 09:30:09 +0530
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 360 -- Benefit of probation - Husband making false allegation against wife of having illicit relation with her brother-in-law - Held, accused not entitled to be released on probation of good conduct - Such relief, if given, would amount to misplaced sympathy.Year of Decision 2011 File Number 28371 - Sat, 27 Oct 2012 17:30:13 +0530
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8,106,114 -- Murder - Initial burden to prove guilt of accused is on prosecution - Facts within knowledge of accused need not be explained by accused - If accused does not explain those facts then there will be some missing links in chain of circumstances - These missing links can be inferred from proved facts.Year of Decision 2011 File Number 28370 - Sat, 27 Oct 2012 17:00:15 +0530
Civil Procedure Code, 1908, Order 8 - Rule 6-A -- Suit for specific performance - Defendant filed counter claim for eviction of plaintiff from suit property and for damages - Plaintiff sought transfer of his suit and counter claim to court of Civil Judge, Senior Division, alleging that his claim in valued at Rs.70,600/- and claim in counter claim valued at Rs.40,000/- and thus together it is over Rs.One lac which exceeds pecuniary jurisdiction of court of Junior Division - Transfer disallowed - Held, immovable property involved in specific performance and in eviction or recovery of possession proceedings cannot be clubbed or added to determine jurisdiction - By filing count-claim, defendant does not oust jurisdiction of trial Court approached by plaintiff. File Number 28369 - Sat, 27 Oct 2012 16:30:08 +0530
Indian Penal Code, 1860, Section 304 -- Nature of offence - Conviction u/s 302/34 IPC - Appeal against - Presence and due identification of appellants in assault by main accused not doubtful - However, description by eye witnesses as to role played by each appellant not clear - Not possible to discern common intention to cause death of deceased - However, it can be inferred that appellants shared intention with co-accused to cause injury and they can be attributed with intention of causing bodily injury as was likely to cause death amounting to offence punishable u/s 304 Part I IPC - Conviction altered from S.302/34 IPC to one u/s 304 Part I r/w S.34 IPC.Year of Decision 2011 File Number 28372 - Sat, 27 Oct 2012 18:00:26 +0530
Criminal Procedure Code, 1973, Section 91, 173 -- Summons to produce documents - Complaint u/s 13 of Official Secretes Act - Petitioner moved application u/s 91 Cr.P.C. for summoning of reports/final reports prepared by erstwhile Investigating officer - Prayer in application was not for supply of documents relied upon by prosecution - Application dismissed - Held, accused cannot claim indefeasible legal right to claim every document of police file.Year of Decision 2011 File Number 28374 - Sat, 27 Oct 2012 19:00:19 +0530
Central Civil Services (Pension) Rules, 1972, Rule 9 -- Retiral benefits - Petitioner retired from service - Criminal case registered against petitioner on allegations that one employee working under him committed suicide - However, no one named in FIR - Even challan not presented for prosecution of petitioner till his retirement - No departmental enquiry initiated against petitioner - Pensionary and retiral benefits of petitioner withheld - Held, no judicial proceedings were pending within the meaning of Rule 9 and no charge sheet being issued when petitioner superannuated - Thus, he is entitled to pension and retiral benefits. File Number 28373 - Sat, 27 Oct 2012 18:30:11 +0530
Indian Penal Code, 1860, Section 307, 323, 149 -- Appellants convicted and sentenced u/ss 307, 323 and 149 IPC - Appellant set up compromise allegedly taken place between parties - Offence not compoundable u/s 320 CrPC - Held, conviction cannot be set aside on the basis of compromise - Sentence of appellant thus cannot be suspended. File Number 28375 - Sat, 27 Oct 2012 19:30:10 +0530
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13B-- Revision - Maintainability - Petition u/s 7 for rejectment of unauthorised occupants - Question of title raised - Decided by Assistant Collector Ist Grade - Under proviso to Sec. 7, land held to be vested in Gram Panchayat - Appeal dismissed by Collector - Revision u/s 13B(2) not filed - Order regarding question of title attained finality - Subsequently ejectment ordered - Upheld by Collector - Commissioner in revision set aside orders and remanded case back for fresh adjudication. Held - Order of Collector in appeal against order of ejectment is final. No revision against order of Collector maintainable before Commissioner. Commissioner has no jurisdiction to adjudicate matter. Revision before Commissioner maintainable only against orders passed under proviso to Sec. 7. Once the question of title is decided against the occupants and in favour of the Gram Panchayat. Commissioner erred in setting aside ejectment orders and remanding the case for fresh adjudication. Order of Commissioner set aside. File Number 28377 - Sat, 27 Oct 2012 20:30:11 +0530
Civil Procedure Code, 1908, Order 17 - Rule 3, Civil Procedure Code, 1908, Order 18 - Rule 17-A -- Application for comparison of signatures by Expert on subsequently filed written statement and power of attorney on the allegation that Advocate had made wrong averments adverse to his interest and said Advocate never authorised to appear on his behalf - Desirable to afford opportunity to prove by comparison of specimen signatures with those appearing on written statement and power of attorney - Order closing evidence and declining application for comparison of signatures by Expert - Set aside - Allowed to produce Expert evidence. File Number 28382 - Sat, 27 Oct 2012 23:00:09 +0530
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