East Punjab Urban Rent Restriction Act, 1949, Section 18A, Limitation Act, 1963, Section 5 -- Eviction - Leave to defend - Condonation of delay - Even one day delay by a tenant in filing leave to defend cannot invoke the provision of Limitation Act for condonation of delay under Act of 1949...........
East Punjab Urban Rent Restriction Act, 1949, Section 18A -- Eviction - Leave to contest - Application seeking leave moved within time frame - Affidavit furnished by tenant in support of his prayer, discloses triable issue - Directions issued to Rent Controller to re-decide application...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 9.790 kg of charas/cannabis - Case property was produced before Court - However, who brought the case property from Malkhana to Court not proved - It casts doubt whether it is the same case property which was recovered fromaccused and sent to FSL or it was case property of some other case as..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 - - Appointment of lambardar - It is prerogative of collector to appoint lambardar by comparing merits of candidates - No interference with choice made by collector should be made even if two views possible - Order of collector can only be set aside in case of illegality or perversity -..........
Punjab Land Revenue Act, 1887, Section 118 -- Partition - Application for partition of land dismissed in default - Application for restoration of application for partition made - Notices required to be given to all respondents in the application for partition - Restoration of application done on statement of one of respondents whereas all respondents should have been..........
Punjab Land Revenue Act, 1887, Section 118 -- Partition - Service is required to be affected on all respondents - Opportunity to file reply should be given - Once court concludes partition proceedings should continue then naksha alf (K) is called in from Assistant collector depicting shares of parties, actual possession, excess or less land is indicated - Statements of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 389 -- Recovery of 60 kgs poppy husk - Suspension of sentence during pendency of appeal - When contraband is marginally more than no, commercial quantity, then convict who is sentenced to imprisonment for ten years for having contraband in his conscious possession, is..........
Constitution of India, 1950, Article 16, 14, Maharshi Dayanand University Pension Scheme, 1997 -- Para 4(vii) - Pension benefit - Counting of qualifying service - Pension is not ex-gratia payment but payment in recognition of past service - No discrimination can be made between those who have been absorbed/allocated and those who have been appointed directly - Since all..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Grounds of arrears of rent, sub letting and bona fide need - Petition allowed on all the three counts - Landlord is the best judgment qua his needs and requirement - Nothing on record to suggest that need put forth by landlord is not genuine - Eviction order upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 22, 61, 85 -- Recovery of opium and intoxicating tablets - Prayer for seeking investigation through CBI or from IPS officer not belonging to State of Punjab - Petitioner was found in possession of opium in an envelope and intoxicating tablets, thus case was rightly registered - When petitioner was produced..........
