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
In this post we will discuss about appointment of pgt teachers and the requirements to be as considered as a PGT teacher. Judgment Digest: Sanjay Dabas v. State of Haryana and Others This report looks into a judgment of The Punjab and Haryana High Court on the order of a District Judge who, acting in … Read more
In this post we will discuss about the quasi-retroactive application of the RERA ACT, 2016 and whether it is applicable when the transactions are still in the process even though the sale agreements had been executed before the Act came into force. Judgment Digest: Anjana Goyal and Another vs Sushma Buildtech Ltd. This recent judgment … Read more
In this post we will discuss about a case wherein it was decided that onus of proof shall be discharged by the propounder adducing prima facie evidence proving the competence of the testator and execution of the will in the manner contemplated by the law. Probate, Letter of Administration and Succession Certificate are legal documents … Read more
In this post we discuss about quashing of FIR when both the parties compromise in matrimonial disputes under the inherent powers of the court mentioned in Section 482 Criminal Procedure Code, 1973 between couple involving Husband & wife. INTRODUCTION:-Compromise quashing is filed in case of Non-Bailable Offence and non-compoundable Offences (S. 320 Cr.P.C.) or Offences under the … Read more
Whether or not the agreement to sell should be registered or not answers this post. Though the RERA Act mentions the registration of agreement to sell but still there is void in Registration & Stamp Act which doesn’t spell out agreement to sell should be registered or not? So unless the central act is amended … Read more
In this post we will discuss about dismissal of writ petitions in consumer cases when an alternative remedy is provided by the law before Punjab Haryana High Court Chandigarh Article 32 and Article 226 of the Constitution provide two separate but parallel provisions of writ jurisdiction with the Supreme Court and High Courts respectively. The … Read more
Delhi High Court decides that Bank lockers cannot be considered as a security in succession cases. Summary- In this post we will discuss about the Delhi High Court judgment wherein the court decided that a bank Locker does fall under the ambit of securities as per the provisions of The Indian Succession Act, 1925. Also … Read more
This is a post of Sandwoods Infratech Projects RERA Punjab Complaint wherein the refund was allowed by the Adjudicating officer with interest as per rate stipulated in RERA Punjab Rules. Judgment Digest: Kanisth Ganeriwala and Another vs Sandwoods Infratech Projects Pvt. Ltd. & Parika Ganeriwala and Another vs Sandwoods Infratech Projects Pvt. Ltd. In this … Read more
CBI court cannot accept the crime against accused Jaswinder Kaur because the Chandigarh Police Search, which is the competent authority in the matter, has rejected the prosecution penalty. Refusal by UT DIG to sanction the prosecution of suspended SHO Jaswinder Kaur in a 2017 corruption trial, a special CBI court on Wednesday disposed of the … Read more
In this post we will have the difference between the two: Succession Certificate & Legal Heir Certificate for Chandigarh Panchkula Mohali Zirakpur Kharar Derabassi Baltana etc. but let us have the definition of Succession Certificate & Legal Heir Certificate first. Succession Certificate- It is defined as a document that is issued by a civil court … Read more
This is a case digest on the NCLT Chandigarh Bench of Bank of India versus Little Bee International Private Limited in CA No.1215 of 2019 Under Section 33 (1) & (2) of the Insolvency and Bankruptcy Code, 2016. As per COC report, the liquidator will dissolve the company Regulation 32A of the Insolvency and Bankruptcy … Read more
Now Once The Person Is Declared PO By Court, Complainant May Get The Certified PO Order And Give Details Of Accused In PO Cell Of City. Complainant Whenever Knows About The Location Or Movement Of PO Can Seek Support Of Local Police To Get The PO Arrested In Chandigarh, Panchkula, MOHALI, KHARAR, DERABASSI, ZIRAKPUR AND … Read more
Punjab and Haryana High Court upholding the decision of Punjab Educationl Tribunal. The petitioner argued that the dismissal of the petitioner was illegal because it was based merely on the assumption that the petitioner was a whistle-blower as his name had incidentally appeared in an article highlighting the plight of the Lecturers.The court, however, rejected … Read more
This post is a case digest on writ petition against the orders of DRT in Punjab and Haryana High Court wherein petitioners have challenged the order dated 22.06.2018 passed by the Debt Recovery Tribunal-III, Chandigarh by which the Securitization Application filed by the petitioners was dismissed as not maintainable on the ground that the petitioners … Read more
India is witnessing a dynamic change in the terms of giving in a society. We have never witnessed it before. It is so new for us. But it is not always a pleasant experience especially when you are schooled by the seniors and elders in this society. What more? Corona has further given them wide powers … Read more
Here in this post, we cover frequently asked questions about the resident welfare association and housing societies coming up in Zirakpur Mohali Kharar Derabassi. Let’s see what are they. Also DC can issue orders under Section 144 of (CrPC) of the vested powers directing all RWA’s to get registered as per the Society Registration Act, … Read more
The misuse of Section 498A as a weapon rather than a shield by the well educated wives/ daughter-in-laws/ sister-in-laws in this modern, striving for equality society is becoming a common issue these days. The present case deals with one of them. Here in this case the discharge application was dismissed by trial court and later … Read more
In an election for the post of manager, defamatory statement were published against the opponents. In the present case the petitioner seeks damage to the tune of Rs 30 Lakhs for a statement which was published 8 years ago. A high court bench ruled in the favor of defendants, thus rejecting the plaint under Order … Read more
A claim for disability arises only if a person is invalided out of service because of his disability which is accepted as attributable or aggravated by his military service. any disability sustained during military service will be attributed to service conditions unless the disability was such that the disease could not have been detected on … Read more
This post is a case digest on Appeal under Guardians and Wards Act 1890 for Custody of Child wherein the custody of two minor children were refused since they wanted to go back to their maternal grandfather and grandmother than their father as paramount in these cases is welfare of the child and nothing else. The appellant … Read more
On 13th December 2018, in a suit before the Haryana Real Estate Regulatory Authority (HRERA), Panchkula, seeking compensation for delayed possession of the property, The Adjudicating Officer, Anil Kumar Panwar,ruled in favour of the Complainant, thus,awarding him interest on the sales consideration at the rate prescribed in Rule 15 of The Haryana Real Estate (Regulation … Read more
In an appeal filed before DRAT, appellants were required to first deposit a pre-deposit amount of 50% of the amount in question. Appellants challenged the same requirement before the High Court were appellants pleaded that the amount in question is a very huge amount and almost 70% of which is already be recovered by an … Read more
In this case, we will cover and give an overview of the case Corporate Bank Vs Firestar International Limited and it will give you a brief yet precise outline regarding all the major facts and issues involved in this particular case which basically revolves around claiming and repayment of dues. The judgement is based on … Read more
When borrowers cannot pay promised interest or principal on time, creditors can initiate steps to recover debt. Bankruptcy laws determine the process by which recovery proceeds. This note describes and discusses some features of the recovery process in India, focusing on debt recovery tribunals (DRTs) and debt recovery appellate tribunals (DRATs). We touch upon the … Read more
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the natural guardianship of a legitimate child vests in the father. A mother can be natural guardian of her illegitimate children, but when it comes to her children begotten from a marriage, she can be their natural guardian only after the father. Also Read- … Read more
In this case, we will cover and give an overview of the case Mahindra Holidays & Resorts vs Deepak Kumar Verma and it will give you a brief yet precise outline regarding all the major facts and issues involved in this particular case which basically revolves around claiming, transfer of property under Consumer Protection Act, … Read more
POWER OF SHIROMANI GURDWARA PARBANDHAK COMMITTEE The Shiromani Gurdwara Parbandhak Committee (or SGPC) is an organization in India responsible for the management of gurdwaras, Sikh places of worship in three states of Punjab, Haryana, and Himachal Pradesh and union territory of Chandigarh. Also Read- Criminal Revision Cheque Bounce High Court Chandigarh The foundation of this … Read more
Through this post, we will dissect the essentials for granting a regular bail in the cases involving various sections of IPC including murder and conspiracy by delving deep into the niche aspects of the law. We look at this scenario in light of the judgement passed by the Punjab-Haryana High Court in the case of … Read more
This is a case digest on Punjab State Teacher Eligibility Test challenged in High Court Chandigarh wherein court partially allowed the petition and gave one mark to students who have given option ‘C’ as correct answer to question no. 131. If the new total of marks make them eligible, then they shall be entitled to … Read more
This is a case digest of judgment where Punjab Government preferred appeal against the order of single judge of Punjab Haryana High Court Chandigarh for Stepping up of Pay wherein the writ petition was already allowed. The LPA got dismissed from the division bench of Punjab Haryana High Court Chandigarh being devoid of merit. The … Read more
This post is case digest on Medical Reimbursement Writ High Court Chandigarh where the claim of the petitioner for medical reimbursement has been rejected as petitioner was not able to submit bills within stipulated 30 days. The insurance company was directed to pay the payment @9% from the date of bills received in the deputy … Read more
This is a case digest of judgment filed under Section 9 NCLT Petition under Insolvency & Banking Code wherein the Interim Resolution Professional were appointed and unable to pay its debts and therefore the CIRP procedure may be initiated against the Respondent / Corporate Debtor by the Petitioner. The Adjudicating Authority hereby declares moratorium for … Read more
This post is a case digest on Securitization Application in DRT to Redeliver the Possession to guarantor since the demand notice u/s 13(2) was bad in law, also the amount calculated is incorrect as of considering principal amount & interest as it is settled adjudication of amount cannot be done in Sarfaesi Act. Different accounts … Read more
In this Digitilise world everyone facing new era of business, commerce, branding, advertisation process. With this advancement of commerce sector, the expectation of consumer rises. Digitisation gives ample of choices, convenient payment mechanism, improved services and shopping as per convenience. No doubt, new initiatives have always pros and cons. This growing path of technology and … Read more
Hindu Marriage Act, 1955 governs matrimonial disputes like divorce amongst the Hindu couples in India. As today, marriages don’t come with guarantees like in past of next seven births, it can be dissolved legally by filing a petition before Family Court and getting a court decree. Making an affidavit for the same purpose will not … Read more
This post is a case digest on Quashing of FIR under Section 188 IPC by Madras High Court where before registering of FIR mandatory compliance of Sec 195 CrPC should have been done. Since in this particular case, the compliance was not done and the complaint do not assert making of unlawful assembly, the present … Read more
In the recent case of Gurmail Singh vs Punjab Water Supply and Sewerage, the high court of Punjab and Haryana have stated the position with respect to continuation of disciplinary proceedings after the retirement of an employee. In the present writ petition the grievance of the petitioner is that the petitioner has already retired on … Read more
INTRO: Seniority list of chief engineers working in the irrigation and water resources department Haryana has come under the scanner of Punjab and Haryana high court, which has issued notice to the state government asking as to why stay should not be granted. The Haryana government as well as the three other officers, including Birender … Read more
This post is a case digest on Haryana RERA Panchkula Complaint against Samar Estates wherein the project was standstill and no longer near completion. Keeping in the interest of allottees the Haryana RERA Panchkula Authority order State Government and Town Country Planning and Department to see feasibility if they can take over the project and … Read more
Civil Revision against Rent Appeal before High Court Chandigarh This is a case digest of Civil Revision against Rent Appeal before High Court Chandigarh wherein the tenant lost the case against landlord for ejectment of rented premises on the premise of personal necessity and bonafide use. The landlord won the case before Rent Controller and … Read more
This is case digest on Judgment of Punjab Education Tribunal challenged before Punjab and Haryana High Court at Chandigarh wherein the proposal of management to dismiss was rejected by the Director Higher Education and same was upheld by the Education Tribunal Punjab at Mohali. Now the college management went in writ petition before high court … Read more
Here in this post we talk about Permanent Temporary Injunction Civil Suit Chandigarh Panchkula Mohali in District Courts versus plaintiff & defendants which can be filed in any civil matter restraining the other party from doing any act against the interest of one who has filed the civil injunction case for seeking Permanent/Temporary reliefs from … Read more
This post is a case digest on Petition seeking reinstatement Punjab Haryana High Court wherein the employee was dismissed from services and his appeal dismissed before Appellate Authority. Petitioner challenged both in the writ petition seeking reinstatement to the post by issuance of the directions. The petitioner was terminated only on the basis of non … Read more
The present case is a case digest on topic of Seniority where law is settled the seniority has to be reckoned from the date of promotion or appointment to a service and retrospective seniority from the date of occurrence of vacancy is not permissible unless the Recruitment Rules specifically provide for it. The court ordered … Read more
This post is a case digest against Financial Upgradation Case against Ministry of Defence in CAT Tribunal wherein he sought grant of different grade pay from what he was getting which was dismissed by the CAT Tribunal. The respondent defence was that pay scale would not be given to the applicant as in MACP Scheme … Read more
This is a case digest where Punishment of Recovery of Fine is Challenged in CAT Tribunal wherein the appeal before the Appellate Authority stands dismissed by department and applicant moved to Central Administrative Tribunal (CAT) Bench for quashing of orders. Petitioner worked in Indian Postal Department popularly known as India Post as LDC (Lower Division … Read more
The present case talks about MACP scheme that allows three financial upgradations in the career of a Central Government Employee. Counting for upgradation under MACPS starts from the direct entry grade on completion of 10,20, 30 years services respectively. Under the Modified Assured Career Progression (MACP) Scheme, three Financial Up-gradations are allowed on completion of … Read more
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