Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 3, Indian Penal Code, 1860, Section 302, 120B, 201 -- Parole - Offence u/ss 302, 120-B, 201 IPC - Parents of petitioner are old and remain ill and therefore petitioner seek parole for 6 weeks to take care of his old parents - Release on parole is part of reformative process - Petitioner has been in..........
Punjab Courts Act, 1918, Section 41 -- Second appeal - It is not mandatory to frame a substantial question of law, if second appeals in States of Punjab, Haryana and UT Chandigarh are filed u/s 41 of the Act...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition of agricultural land - Parties jointly held 52 odd kanals of land - Stand of plaintiff is that plaint scheduled property consisting of 10 kanal and 14 marla is not agricultural land and therefore outside the scope of S.158(2)(xvii) of Punjab Land Revenue Act - Bar against civil Court to..........
Partial partition -- Maintainability - If land in question is found to be property which can be dealt with by Revenue Court then, it would be bad for partial partition - However, if it is found that plaint scheduled property falls outside the scope of S.4 and S.158(2)(xvii) of Punjab Land Revenue Act then it is not open to urge plea of partial partition...........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Rejection of plaint - Jurisdiction - Civil suit against Gram Panchayat involving adjudication of rights of parties over suit property - Jurisdiction to decide any dispute as to whether any right, title or interest in any land or immovable property vests in Gram..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4), 2(g)(6) -- [as inserted by amendment Act of 1992) - Constitutional validity of - Upon extension of Municipal limits, residents of Panchayat also becomes resident of Municipality - Land has been put to common pool by applying pro rata cut - Once pro-rata cut has been applied, management and control of such..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material impairment of value and utility of building - Removal of such impairment after filing of eviction petition - Once acts of tenant puts ownership of landlord at peril, such acts or omission do fall within expression impair materially the value and utility of building - Eviction order..........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - It is S.41 of Punjab Courts Act which governs second appeal in Punjab and Haryana High Court - As far as Punjab & Haryana High Court is concerned it need not to frame substantial question of law in second appeal - However, High Court cannot exercise jurisdiction de hors the..........
Punjab Panchayati Raj Act, 1994, Section 20 -- Suspension of sarpanch - Suspension can only be on account of misconduct during current term - Even, if bar u/s 216(4) of the Act is not attracted, order of suspension is bad in law as it is based upon an alleged misconduct committed in year 2011 and not during current term - Suspension order quashed...........
Punjab Land Revenue Act, 1887, Section 13 -- Appointment of chowkidar - Appeal against order passed by revenue official - Even though, relevant chowkidar Rules does not provide for an appeal, an appeal can still be filed u/s 13 of the Act as Collector who has passed order is a revenue official...........
