Administration of Evacuee Property Act, 1950 Allotment of land--Ratti Challa--There is no order on the file of any authority under the Act of 1950 or under the Act of 1954 in which a finding has been given that land in dispute does not fall in Ratti Challa--Held, transfer of land in dispute in favour of predecessor-in-interest of respondents No.2 to 11 set aside--Petition allowed--Displaced Persons (Compensation & Rehabilitation) Act, 1954, S.33. Anjuman Ahmadia Qadian v. The Financial Commissioner, Punjab & Ors. : 2014(6) Law Herald (P&H) 5475 Allotment of Plot Allotment letter--Condition for period of construction--Condition in allotment letters that construction has to be completed within two years of the date of allotment letters--Held, condition is patently arbitrary and unenforceable and the same has to be read down to mean that construction shall be completed within two years of offer of possession. Secretary, Market Committee, Ismilabad, District Kurukshetra v. Mehar Singh & Ors. : 2014(6) Law Herald (P&H) 5294 Arbitration & Conciliation Act, 1996 S.9--Arbitral proceedings--Interim measures--Power of Court--Held, S.9 allows Court to pass interim measures of protection and issue appropriate direction even for interim custody of goods, which are subject matter of arbitral agreement--Since power u/s.9 exists even during pendency of proceedings before arbitrator, Court will not abdicate its duty to assign any work to arbitrator or to refer to arbitrator of any duty which Court itself is bound to exercise. Shivraj Singh v. Talwandi Sabo Power Ltd. & Anr. : 2014(6) Law Herald (P&H) 5000 Civil Procedure Code, 1908 S.34--Interest--Held, S.34 CPC does not deal with circumstance for interest prior to suit, which is generally regulated by contract. Jagmal Singh v. M/s.Lachhmi Chand Hari Chand : 2014(6) Law Herald (P&H) 4904 S.35-B & O.6 R.1--Pleadings--False defence--Imposition of exemplary costs--Officers/officials of respondent Nos.2 to 5 intentionally withheld record relating to grant of licence to petitioners and put up a false defence knowing it to be false in written statement--Held, respondents are burdened with costs of Rs.50,000/- to be paid by officers/officials responsible for withholding record and making a false assertion in written statement. Ishwar Chand & Anr. v. State of Haryana & Ors. : 2014(6) Law Herald (P&H) 5609 (DB) Ss.47, 51 & O.21, R.32 & 33--Restitution of conjugal rights--Execution of Decree--Held, it is a mutually obligatory decree; purpose being to get spouses join to lead conjugal rights--Fundamental rule of matrimonial law is that spouse is entitled to society, comfort-consortium of other spouse--When either spouse has abandoned or withdrawn from society of other spouse without reasonable excuse or just cause then Court can grant decree for restitution of conjugal rights and same can be executed as contemplated u/O.21, R.32 and 33 CPC--Hindu Marriage Act, 1955, S.9. Maya Devi (Smt.) v. Kailash Chander : 2014(6) Law Herald (P&H) 5026 S.60(ccc)--Accident--Execution of award--Proceedings against residential property of JD--Applicability of S.60(ccc)--Plea of JD that property which is sought to be proceeded against is only residential property which is exempted from attachment in terms of S.60(ccc) of CPC--Held, provisions u/s.60(ccc) is not applicable since there are express provisions under Motor Vehicles Act--Plea liable to be rejected--Revision dismissed--Motor Vehicles Act, 1988, S.174. Prem Chand son of Amar Chand v. Akashdeep son of Subhash Chander & Anr. : 2014(6) Law Herald (P&H) 5111 East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 S.23-A, 18 & 2(bb)--Property reserved as common--Suit for recovery of possession–Held, property which was reserved as common ought to therefore be treated as a property vesting in Gram Panchayat by virtue of section 23-A(b)--Plaintiffs’ right to recover possession does not arise in respect of a property that becomes vested with Gram Panchayat. Lataf Ali Khan (since deceased, through his LRs) & Anr. v. Jai Chand & Ors. : 2014(6) Law Herald (P&H) 4762 Hindu Marriage Act, 1955 S.9--Restitution of conjugal rights--Execution of Decree--Held, it is a mutually obligatory decree; purpose being to get spouses join to lead conjugal rights--Fundamental rule of matrimonial law is that spouse is entitled to society, comfort-consortium of other spouse--When either spouse has abandoned or withdrawn from society of other spouse without reasonable excuse or just cause then Court can grant decree for restitution of conjugal rights and same can be executed as contemplated u/O.21, R.32 and 33 CPC--Civil Procedure Code, 1908, Ss.47, 51 & O.21, R.32 & 33. Maya Devi (Smt.) v. Kailash Chander : 2014(6) Law Herald (P&H) 5026 Hindu Succession Act, 1956 Self acquired property--Transfer of--Nothing on record that property in question was ancestral, coparcenary and joint Hindu family property--Held, owner of property could transfer the same in favour of any one he liked. Harsimran Kaur v. Sukhchain Singh : 2014(6) Law Herald (P&H) 5280 Indian Penal Code, 1860 S.376—Rape--Grant of bail--Duty of Juvenile Justice Board--Held; Board should not only look at the age of accused (juvenile) when determining the issue of release of such a juvenile on bail but should also evaluate the mental condition and capabilities of such a juvenile which factors predominantly help to fathom the gravity of offence and capability and propensity of perpetrator which in turn becomes relevant at the time of sentencing--Juvenile Justice (Care and Protection of Children) Act, 2000, S.12. Ajit v. State of Haryana : 2014(6) Law Herald (P&H) 5416 S.498-A--Domestic violence--Complaint--Whether on same set of facts, two separate proceedings one u/s.498-A IPC and other under D.V. Act, 2005 are maintainable or not? Held, yes, because both proceedings are of different nature and can be filed separately--Protection of Women from Domestic Violence Act, 2005, S.12. Geeta Kapoor & Anr. v. State of Haryana & Anr. : 2014(6) Law Herald (P&H) 4895 S.498-A--Quashing of FIR–Cruelty to Wife--Petitioner had acted as a mediator at the time of marriage of complainant as she was closely related to husband of complainant--Only allegations levelled against petitioner are that she had told parents of complainant that she may be given cash payment to enable in-laws of complainant to buy articles of their choice and parents of complainant had handed over Rs.35,000/- in cash to petitioner--Further grievance of complainant is that petitioner had failed to resolve problem of dowry between complainant and her in-laws--Held, allegations even if taken at their face value cannot be said to constitute an offence u/s.406, 498-A and 506 IPC--FIR and all consequential proceedings arising therefrom qua petitioner liable to be quashed--Petition allowed--Criminal Procedure Code, 1973, S.482. Kamaljit Kaur @ Kewal v. State of Punjab & Anr. : 2014(6) Law Herald (P&H) 5132 Land Acquisition Act, 1894 S.11--Award--Legality--Held, award passed by President of Tribunal without associating atleast one of the members of Tribunal is illegal--Since Act has now been amended and under amended Act case is now required to be decided by Civil Court--Matters accordingly remitted to District Judge for fresh adjudication by appropriate Court in accordance with law--Ordered accordingly--Punjab Town Improvement Act, 1922. Kalicharan & Ors. v. Tribunal, Constituted under the Punjab Town Improvement Act & Ors. : 2014(6) Law Herald (P&H) 4960 (DB)
Posted on: Fri, 05 Dec 2014 12:12:22 +0000
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