Civil Procedure Code, 1908 S.60(i)(g)—Attachment--Money Suit--Pension cannot be attached--Held; The immunity is 100 percent because these are amounts which are supposed to sustain the pensioner in old age when the need of the pensioners is greatest specifically when they may have no other sources of income--Section 60(1)(g) CPC is a special provision which provides protection to the pensioners from attachment.;; Hira Singh Ranga v. Tej Pal : 2014(1) Law Herald (P&H) 99 S.100--Adverse Possession--Injunction against dispossession--Second Appeal--Civil Court had already granted injunction and that part of decree has attainted finality as being unchallenged--Held; Observations of the High Court that the appellant is not entitled to injunction, were unnecessary and beyond the scope of the appeal--Specific Relief Act, 1963, S.37--Limitation Act, 1963, S.27.;; Gurudwara Sahib v. Gram Panchayat Village Sirthala : 2014(1) Law Herald (P&H) 193 (SC) S.151--Closing of Evidence--Even if the plaintiff has already availed many opportunities, failed to conclude the evidence and the cases fall within the ambit of action plan, but that ipso facto, is not a ground, much less cogent, to close his evidence--Production of such evidence is essential, to decide the real controversy between the parties and is the legal requirement of fair trial-One more opportunity granted for compeletion of evidence.;; Entrepreneurs (Calcutta) Pvt. Ltd. (M/s) v. Shri Matadin : 2014(1) Law Herald (P&H) 576 East Punjab Urban Rent Restriction Act, 1949 S.13--Eviction--Contractual tenancy--NRI landlord--Contention that tenancy is a contractual tenancy and eviction petition is premature as same has been filed before expiry of lease period--Held, contention is liable to be rejected because Rent Act is a special legislation eviction petition can be filed even before expiry of lease period if a ground of ejectment is existing--Once liability to be evicted is incurred by tenant, he cannot turn around to say that contractual lease has not been terminated.;; Rakesh Rishi v. Bakhshish Kaur : 2014(1) Law Herald (P&H) 762 Ss.13 & 2--Eviction--NRI landlord/landlady--Determination of--In present case, respondent-landlady is a person of Indian origin--She had gone abroad more than 30 years ago--At fag end of her life she wants demised premises for her own use and occupation--Thus, respondent-landlady is an NRI u/s.2 of Rent Act.;; Rakesh Rishi v. Bakhshish Kaur : 2014(1) Law Herald (P&H) 762 S.13--Eviction--NRI landlord--Simply because upper floors of building in question are lying vacant or that earlier she had got enhanced rent before filing of eviction petition does not imply that there is no bona fide necessity of landlady.;; Rakesh Rishi v. Bakhshish Kaur : 2014(1) Law Herald (P&H) 762 Haryana Affiliated Colleges (Security of Service) Rules, 2006 R.17(iv)--Suspension order--Extension beyond six months--Permissibility--Petitioner is entitled to half pay plus allowances as subsistence allowance u/R.17 (iv)--Held, since subsistence allowance will be paid to petitioner, it cannot be said that there is an absolute bar to extend suspension period beyond six months--Service Law.;; Subhash Chander v. State of Haryana & Ors. : 2014(1) Law Herald (P&H) 563 Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 Emergency Parole--Petitioner was convicted for offence of murder--Petitioner released for one day to attend the marriage of daughter of his sister--Petitioner directed to return in evening on very same day--Indian Penal Code, 1860, S.302.;; Deepak v. State of Haryana & Anr. : 2014(1) Law Herald (P&H) 870 Criminal Procedure Code, 1973 S.154--FIR--Registration of FIR--Preliminary Inquiry--The provisions of the CBI Crime Manual cannot be relied upon to import the concept of holding of preliminary inquiry in the scheme of the Code of Criminal Procedure.;; Lalita Kumari v. Govt. of U.P. : 2014(1) Law Herald (P&H) 137 (SC) S.154--FIR--Registration of FIR--The use of the word “shall” in Section 154(1) of the Code clearly shows the legislative intent that it is mandatory to register an FIR if the information given to the police discloses the commission of a cognizable offence.;; Lalita Kumari v. Govt. of U.P. & Ors. : 2014(1) Law Herald (P&H) 137 (SC) Landlord & Tenant Eviction--Denial of title of landlord--Even denial of a landlord’s title in the written statement can provide a ground for eviction of a tenant--It is also settled position in law that it is not necessary that the denial of title by the landlord should be anterior to the institution of eviction proceedings.;; Keshar Bai v. Chhunulal : 2014(1) Law Herald (P&H) 261 (SC) Punjab Civil Service Rules Volume I, Part I, R.3.26--Adverse remarks--Recording of--Judicial Officer--Held, in case of a Judicial Officer it is not necessary to limit “material” only to written complaints or “tangible” evidence pointing finger at integrity of judicial officer--It is not necessary that there has to be tangible material before recording of adverse remarks--Punjab Civil Services Rules, Volume II, R.5.32(A) (as applicable to State of Haryana)--Service Law.;; Gorakh Nath, District & Sessions Judge (Retd.) v. The State of Haryana & Anr. : 2014(1) Law Herald (P&H) 750 (DB) Punjab Land Revenue Act, 1887 S.123--Partition--When would be completed--Held; Preparation of ‘Naksha Be’ cannot amount of cessation of ownership--It is the ‘Sanad Takseem’, instrument of partition which will create the division.;; Jeet Ram... v. Sadhu Ram... : 2014(1) Law Herald (P&H) 621 Punjab Municipal Corporation Act, 1976 Unauthorised Construction--Regularization of--Commercial use of land which was allotted only for residential purposes--Petitioner has not filed any objection to Master plan and master plan is in force--Such mixed use is permissible under master plan--Writ petition for direction to regularize the construction not maintainable.;; Sukhraj Singh v. State of Punjab & Ors. : 2014(1) Law Herald (P&H) 674 (DB)
Posted on: Sat, 18 Oct 2014 14:08:13 +0000
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