Service -- Part time contractual instructors/teachers - Once the contract period of 11 months for which employees were initially appointed or extended contract period stood expired, appointment of part time or contractual instructors/teachers in fact no longer remains contractual in nature - They were not even part time instructors/teachers as they were specifically..........
Agreement to sell -- Specific performance - Ready and willing - Agreement to sell for Rs.6.11 crores out of which 90 lakhs paid as earnest money - Plaintiff failed to prove his readiness and willingness - He had not been able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - Plaintiff did not even visit..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioners have nowhere asserted their possession over suit property - They have claimed merely a right of passage through said land to their house that too by way of easement - Objections filed by petitioners were meritless being not maintainable - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Initially suit was filed claiming it as easementary right - Alternative plea of passage being a public passage has been sought by way of amendment - Nature of suit not changed by allowing the amendment, rather it remained the same - Application rightly allowed...........
Easements Act, 1882, Section 13 -- Easement of necessity - Land in question was purchased by plaintiff which previously formed part of land owned by predecessors-in-interest of defendants - However, it became a servient tenement upon its declaration as surplus area followed by allotment to Diwana, who happen to be father of vendor of plaintiff - Plaintiffs have no other..........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff claims that he was in continuous use of common road for over four decades - However, plaintiff failed to establish such right of way was acquired by him by prescription or grant or by necessity - Moreover, plaintiff has laid suit seeking relief of declaration in `B' Schedule property and for..........
Service -- Recruitment - Punjab Public Service Commission - Reservation for ex-servicemen - Respondent No.4 is eligible to claim benefit under the category of `ex-servicemen' as defined in the Punjab Rules - However, appellant and respondent No.4 are competing for the same post under this category and there is no dispute that appellant was eligible under `ex-servicemen'..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DHs alleged that JDs in violation of decree had raised a wall on the suit land blocking the passage - However, DH did not make any effort to prove spot identification - DH placed reliance upon site plan, prepared by deed writer - However, DH did..........
Will -- Suspicious circumstance - Difference in signatures of testator on Will and partition deed - Signatures on Will was done in the presence of attesting witness and Sub-Registrar - Even otherwise, since there is a significant difference of time in signing partition deed and Will deed and by passage of time signature of a person changes, signatures on Will, cannot be..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C - Rape and murder of 10 years old girl - Material circumstances appearing in evidence against appellant have not been put to him - Version of main PWs was not put to him - However, since date of occurrence is of the year 2009 and incident is fifteen and a half years old, after such a long..........
