This post talks about pension case in Punjab Haryana High Court Chandigarh where it is held amount need to be released within 2 months from retirement else interest to be paid. The following article analyses a case revolving around pensionary benefits. The case was petitioned by one Satpal Singh (petitioner) against the State of Punjab … Read more
Education Tribunal Bill to Adjudicate Disputes in Education Sector In this post we will discuss about a recently introduced as Bill seeking to reform the higher education sector in the country, this Bill establishes Educational Tribunals at the national and state levels to expedite adjudication of disputes in the education sector. Looking out for Address … Read more
In this post we will discuss about a a petition that was filed by two Jammu-based advocates,who submitted that it is impossible for litigants and advocates to make a representation before the bench in Chandigarh due to geographic remoteness, financial constraints and unavailability of internet access. The CAT branch of Chandigarh In the present times … Read more
In this post we will discuss about the detailed procedure for getting back the mandatory deposit amount required for filing an appeal in HREAT. How to get refund of the amount deposited by the Appellant with the Haryana Real Estate Appellate Tribunal Once the impugned order is held to be without jurisdiction and appeal filed … Read more
Enhancement of Compensation on Account of Death MACT Case. In this post we will discuss about an appeal seeking enhancement of compensation on account of death of Sukhbir Singh in a motor vehicular accident that took place on 29.01.2010. Jurisdiction of MACT Claims Tribunal having jurisdiction over the area in which the accident occurred or … Read more
In this post we will discuss about a Complainant by Sukhwinder Kaur against her matrimonial relatives , under section 498-A, 406, 506 IPC and under section 34 of Dowry Prevention Act and later appealed for the quashing of the FIR registered against the accused For the ready reference, the provisions of Section 2(a), (f), (q) … Read more
In this post we will discuss about a petition filed by one Shiny Verma Bakshi against her husband Dr. Gurneet Singh Bakshi (respondent) and three other respondents seeking an enhancement i.e. an increase in the maintenance he owed her. Before filing the maintenance case, it is equally important that wife should take stock of the … Read more
In this post we will discuss about the controversial judgment of Bombay High Court in which it stated that “skin to skin” contact is necessary to prove Sexual Assault. Holding minor’s hand, unzipping pants not sexual assault under POCSO: Bombay HC In this post we’ll read about the judgement passed by Bombay high court setting … Read more
Complaint for Execution of RERA orders against Omaxe Pvt.Ltd Summary-In this post we will discuss about a complaint that has been filed by the complainant seeking execution of order dated 05.03.2019 passed by HARYANA REAL ESTATE REGULATORY AUTHORITY PANCHKULA You might also find various orders of RERA Punjab Authority in Orders/ Judgements in Execution by … Read more
In this post we will about procedure for quashing of FIR after the police conducted a raid and seized Liquor bottles from a person’s residence. In the light of the invoice and the permit produced, no offence either under Section 32 or under Section 34 of the Karnataka Excise Act, 1965 is made out. “Therefore, … Read more
In this post we will discuss about the legality of Assured return plans/Assured return schemes in various court of laws in India. Assured Return Schemes can be covered under Compensation part of the RERA scheme since the buyer suffers loss every month on this score. Thus, the question of whether RERA entertains Assured Return schemes … Read more
In this post we will discuss about the recent decision of Mohali Mc in which it has decided to pay ₹2 lakh as compensation for death caused by a stray animal. Mohali Municipal Corporation approves Rs 2 Lakh Compensation The Mohali municipal corporation (MC) has decided to pay ₹2 lakh as compensation for death caused … Read more
In this post we will discuss about the various modes of transfer of property under The Transfer of Property Act of 1882 Introduction: The Transfer of Property Act of 1882 is a comprehensive legislation which governs the transfer of property, both movable and immovable. Chapter 2 of the act generally applies to both movable and immovable … Read more
DELAY IN PAYMENT TO BUILDER RERA CASE. Summary- In this post we will discuss about rights and duties of allottees and the procedure to file a case when there is a dispute for the breach of contract between the both the parties. Deciding Member and Authority Sanjeev Gupta… Member GCNo.10722018 PBRERA-SAS80-PR0277 Date of Decision: 01.04.2019 … Read more
Divorce petition in Unhappy Marriages. Summary In this post we will discuss about an appeal before the Family Court, Ernakulam, to seek a decree of divorce to dissolve his marriage with the respondent, under section 13(1)(ia) of the Hindu Marriage Act, 1955. Binu Raj G vs Sandhya Lakshmi R on 18 May 2020 Appellant Binu … Read more
In this post we will talk about class action suit under Section 245 of the Companies Act and the procedure to file a case for the same. Class Action Suit in NCLT What is NCLT? National Company Law tribunal is a quasi judicial body constituted under Company act of 2013. It has the powers to … Read more
In this post we will discuss about a writ petition that was filed by a school teacher for payment of pension. Applicant submitted that if the State had fixed the grade pay in the year 2006 wrongly and some excess payment was paid to the petitioner then the same could not have been recovered after … Read more
In this post we will discuss about mutual settlement between parties and memorandum of settlement. Smt. Suman v. M/s Jagran Developer and Anr Complainant Smt. Suman Respondent M/s Jagran Developer In the present case, the complaint was disposed of, in the first hearing itself, through a final order from the concerned authority. The learned Counsel … Read more
In this post we will discuss about a case in which an ex –Serviceman was granted a Graduation Certificate by the Central Government and the main issue was whether the holder of a certificate can be deemed to be a graduate Case Brief 2020 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH KRISHAN … Read more
In this post we will discuss about a case wherein the the petitioner had obtained a house loan of Rs. 37 lakhs. Subsequently, on account of default in payment, a notice under Section 13(2)of the SARFAESI Act was issued demanding from the petitioner the defaulted amount. Proceedings under SARFAESI Act starts when borrower defaults 3 … Read more
In this post we will discuss about an application been filed by the applicant praying for revision of his pension in accordance with the last rank held by him before retirement on the basis of Govt. of india circular dated 09.02.2001, wherein it has been clarified that ten months continuous service in the last rank … Read more
In this post we will discuss about powers of Human Rights Commission under The Protection of Human Rights Act, 1993 The Punjab State Human Rights Commission of Punjab, India is a Statutory public body constituted on 17 March 1997. It was given a statutory basis by the Protection of Human Rights Act, 1993. You can … Read more
In this post we will discuss about a case related to ancestral property wherein both the petitioner and defendant who were family members claimed the ownership of the property. In case of a dispute over ancestral property, it is advisable to seek legal counsel and attempt amicable resolution through negotiations or mediation. If a resolution … Read more
In this post we will discuss about the most recent landmark judgment of The Hon’ble Supreme Court in which it held that even after taking the possession of Flat/Unit/house and doing conveyance deed later, the homebuyer/complainants are entitled for delay interest or compensation. It is a very rare chance that a consumer forum or state … Read more
In this post we will discuss about an alternate remedy which is available to home buyers under The Consumer Protection Act for delay in possession by the builder. You can complaint against Country Colonisers Pvt. Ltd either in RERA or Consumer Forum depending upon your choice but you cannot file in both, clearly. So keep … Read more
In this post we will discuss about a writ petition that was filed for correction of date of Birth in CBSE certificate. The decision of the Hon’ble Supreme Court in the case of Jigya Yadav v. Central Board of Secondary Education, reported in (2021) 7 SCC 535. The prayer is to be made by the … Read more
In this post we will discuss about a classic case of degeneration of family values in which a brother tried to illegally take possession of his brother’s property. Within six months of the date that their possession was taken, they may file a lawsuit. The property owner has the right to sue the unauthorised occupant … Read more
In this post we will talk about the procedure for auction of property by bank if the borrower fails to pay his debt. The SARFAESI Act applies to loans above Rs. 1 lakh that are classified as NPAs. It excludes loans where more than 80% has been repaid and certain types of assets like agricultural … Read more
In this post we will discuss about the the deposit amount under section 21 of Recovery of Debts due to Banks and Financial Institutions Act, 1993 fo filing an appeal in Debt Recovery Appellate Tribunal. Supreme Court already has held that Borrower Has To Pre-Deposit 50% Of The “Debt Due” In Appeal Under Section 18 … Read more
In this post we will discuss about Agreement to Sell under The RERA Act, 2016 and various compliances related to this agreement. Agreement for Sale – RERA Punjab website provides the sample format for this where you can find clauses like Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by … Read more
In this post we will discuss about the recent judgment of the Panjab and Haryana High Court on the determination of the age of a juvenile. The Juvenile Justice Act of 2015, Section 94(2), states that the date of birth certificate should be the first priority for determining the age of a juvenile in India. … Read more
In this post we will discuss about the powers of magistrate in Cognizable offences to order for an investigation . In Skipper Beverages Pvt. Ltd. v. State, 2001 SCC OnLine Del 448 and Ramdev Food Products (P) Ltd. v. State of Gujarat, (2015) 6 SCC 439 , Supreme Court held that under Section 156(3) of … Read more
Builder not liable for compensation if delay is by Government Department. In this post we will discuss about the case of Ultratech developers wherein the buyer was granted interest for the period of delay but no compensation was awarded because the respondent was not responsible for delay. Rajat Chawla v. M/s Ultratech Township Developers Pvt. … Read more
In this post we will discuss about the procedure to add new parties in cases related to will under Order I Rule 10 of the Civil Procedure Code, 1908. The burden is on the beneficiary of the will to serve notice on the person who should be apprised by the probate proceedings. So probate or … Read more
In this post we will discuss about the procedure and requirements for getting Mutual Divorce Mutual Consent Divorce Steps Chandigarh Panchkula Mohali Mutual Divorce Two people may choose to tie themselves in a bond of marriage, just like can they choose to liberate themselves from it. Divorce refers to the dissolution of a marriage, through … Read more
In this post we will discuss about acquittal of a person in reckless driving case because the prosecution was not able to prove the doubt beyond reasonable doubt. State vs. Dharambir on 5 March 2020 A case was instituted against the accused Dharambir Singh in the court on 06.02.1992 for the commission of offences under … Read more
In this post we will discuss about the grounds for transfer of matrimonial disputes to the court of competent jurisdiction at Punjab Haryana High Court at Chandigarh. Shashi Bala vs Sanjeev Kumar 21 April, 2015 T.A. No. 612 of 2012 THE HIGH COURT OF PUNJAB AND HARYANATransfer Application No. 612 of 2012 (O&M)Date of decision: … Read more
In this post we will discuss about a petition that was filed by the Allahabad Bank by way of seeking a Writ of Mandamus, guiding loan defaulters to implement the order passed by the District Magistrate of Kurukshetra demanding repayment of loan by taking over the possession of the properties mortgaged physically. Allahabad Bank v. … Read more
In this post we will discuss whether anticipatory bail can be granted in lieu of offences committed under Section 498A, 354, 509, 323 and 506(2) of the Indian Penal Code. Grant of Anticipatory Bail in Offences against Women. Balaji Chandrakant Joshi v. The State of Maharashtra Application of Anticipatory Bail- Anticipatory Bail is a concept … Read more
In this post we will discuss about the grounds on which disability pension in army can be granted. Army Disability Pension for Disabilities during Tests. Lt. Col. MahendraKumari (Retd.) v. Union of India and Others. Allowing Original Application- Armed Forces Tribunal In the present case, the Applicant filed for an instant Original Application seeking to … Read more
In this post we will discuss about Anticipatory bail and its validity as per criminal procedure code through latest precedent of Supreme Court. Judgement Digest: Sushila Aggarwal and others vs State (NCT of Delhi) and another The recent decision of the Supreme Court which forms the present discussion offers an in-depth analysis of the provision … Read more
In this post we will discuss about whether we should file a case for specific performance or mandatory injunction if the other party fails to complete a transaction of an immovable property. INTRODUCTION :Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. … Read more
Bureaucratic delays not an excuse for filing appeals beyond the period of limitation. In this post we will discuss about the law of limitation and whether government bodies can file a case beyond this period of limitation on the grounds of bureaucratic delay. Real Estate (Regulation and Development) Act (RERA) is an act passed by … Read more
In this post we will discuss about the recent judgment of The Supreme court in which it stated that a person being unable to prove that he had actual possession of the suit premises cannot seek a decree of permanent injunction. CANNOT GRANT PERMANENT INJUCTION WITHOUT PROOF OF POSSESION: SUPREME COURT Judgment Digest: Balkrishna Dattatraya … Read more
Bonafide intentions necessary for getting a decree for Specific Relief. In this post we will discuss about various ingredients required to get a decree for Specific performance and its relations with law of limitation. Specific Relief Act Judgement Digest. The Specific Relief Act is a legal statute dealing with reliefs or recovery of the damages … Read more
In this post we will discuss the obligation of state to protect unmarried couples. State Bound to protect Unmarried Couples: PHHC Judgment Digest: Amandeep Kaur And Another vs State Of Punjab And Others This report looks into a recent writ judgment of the Punjab and Haryana High Court, which looks into the matter of right … Read more
In this post we will discuss about employee-employer relationship under The Industrial Disputes act in the case of P.N. Chaturvedi Vs. The Ambassador’s Skychef wherein some employees filled a case for wrongful termination Industrial dispute Act is a beneficial legislation to solve the dispute among the workmen and employers while also protecting their rights and … Read more
This post talks about Jurisdiction of AFT CAT , NCLT DRT, High Court Chandigarh & District Court across tricity with relevant statute and weblink of the same. JURISDICTION OF VARIOUS COURTS/ TRIBUNALS/ JUDICIAL BODIES Supreme Court The Supreme Court has an original and exclusive jurisdiction to decide on disputes between the states or the centre … Read more
This post is for law students and graduates who want to know how writ petitions are being drafted for High Court Chandigarh. Punjab and Haryana High Court entertains writ petition under Article 226/227 of the constitution of India. Also Read- Legal Drafting Basics for Law Students Fresher Junior Lawyers Legal Interns Let’s Read them first: … Read more
This post is a consumer complaint against allen institute for deficiency of services wherein the fee refund order of court below was upheld in the favour of student. Let’s have the case now. Allen Career Institute v. Anil Kumar Sharma NAME OF THE COURT- State Consumer Disputes Redressal Commission DATE OF DECISION- 8th April, 2019 … Read more
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