This report looks into a judgment of Punjab and Haryana High Court in the matter of a statutory provision contained in the Real Estate (Regulation and Development) Act 2016. The appellant wished that the deposit as stipulated by the provision should be waived off in light of the unique circumstances of his case. However, appeals … 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 the grounds for refusal of Anticipatory bail to an Ex-DGP who is alleged to have been involved in custodial death of Balwant Singh Multani. This post will enable readers on what premise generally High Courts are inclined to grant concession of anticipatory bail to petitioners. Judgment Digest: Sumedh Singh … 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
A petition was filed under rule 7 of the Insolvency and Bankruptcy Code for initiating corporate Insolvency resolution process. Petitioner was involved in manufacturing of pulp, paper, duplex board etc.The corporate applicant was declared Non- Performing Asset (NPA) after the sanctioning of loan on 31.3.2011. State Bank of India had issued a notice on 28.5.2011 … 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
Failure to Handover Possession and Deficiency in Service Case against Suncity Buildcom, Haryana RERA. Summary/ intro: The grievance of the complainant is that the respondent charged a huge amount of illegal money, and did not replied to the rectification sought by him. The respondent then transferred the entire project to Suncity Pvt. Ltd. without informing … 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
UNITED BANK OF INDIA/ Financial Creditor filed this application to adjudicating authority under Section 7 of Insolvency & Bankruptcy Code read with Rule 4 of Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016, for Initiating Corporate Insolvency Resolution Process (CIRP) as against M/s. Jotisriram Himaghar Private Limited/ Corporate Debtor. FACTS OF THE CASE: … 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
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
Legal Drafting is everything for an aspiring Young law graduate wishing to practice in Indian Courts. Even for a law student, legal intern, law fresher, junior lawyers or legal associates who are low in confidence regarding legal drafting can take benefit from this certificate legal drafting course online in just 30 days. Giving you a … 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 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
This is a case digest on Chandigarh High Court FIR Quashing in case of a PO (Proclaimed Offender) wherein compromise was arrived between the parties. Moreover the offences listed were not of heinous nature. Thus Punjab Haryana High Court exercised its discretion under Section 482 of CRPC to quash the FIR in the interest of … 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
This case digest discusses interpretation of tax statutes wherein two different interpretations are possible, the one favouring the assessee should be preferred. Herein this case the assessee prayed the interpretation of fruit drinks under different heads as contemplated by the government. The court favoured the assessee in clearing the difference of definitions between the fruit … 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 consumer complaint against FIITJEE Ltd wherein the student dropped out of the course and seek entire refund from the institute. The student won the case before District Forum but Institute challenged it before State Consumer Commission where the order of Forum was upheld and the institute was asked … Read more
This post is a case digest of Consumer Complaint against Bharti Airtel wherein the amount for net pack was wrongly deducted from the main mobile account whereas the complainant was having a valid internet pack. District Consumer decided the complaint in favour of complainant and this awarded punitive action to Airtel Bharti. Thereafter company went … 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
This post is a case digest on the topic of Can Appointment Notification Change after Advertisement before CAT Tribunal wherein the appointment qualifications were changed subsequently by the government. The petitioner requested to quash the notification since in view of a new notification by central government. The court dismissed this plea where petitioners seek parity … 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
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