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Saturday, March 20, 2010

Bajrang Lal v. Ram Lal Tantia
2009(2) LAW HERALD (P&H)
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Garg
CR No.698 of 2009
Bajrang Lal
v.
Ram Lal Tantia
{Decided on 06/02/2009}
For the Petitioner: Mr. Arun Palli, Sr. Advocate, with Mr. Tushar Sharma, Advocate,
Civil Procedure--Impleadment--Property dispute on basis of inherentence--Petitioner has no independent right in the suit property and he can claim the right from his father if he succeeds in claiming the ownership in the suit land--Thus petitioner is not a necessary party to the suit--|Civil Procedure Code, 1908, Order 1 Rule 10. (Para 7)
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Sqn. Ldr. Gurdial Singh etc. v. Narinderpal Singh etc.
2009(2) LAW HERALD (P&H)
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice K. Kannan
Civil Revision No. 955 of 2002
Sqn. Ldr. Gurdial Singh etc.
v.
Narinderpal Singh etc.
{Decided on 21/01/2009}
For the Petitioners: Mr. O.P. Goyal, Sr. Advocate with Ms. Priya Khurana, Advocate
For the Respondents: Mr. Gurpreet Singh, Advocate
(A) Rent Law--Rent under protest--If the amount of Rs.2500/- deposited was made under protest and the landlord was receiving the same under protest, there was a duty on the Rent Controller to make a provisional assessment of rent and afford an opportunity to tender the rent at the next hearing which in law would be the first date of hearing and if only the amount had not been paid, the consequence of eviction would have followed--This consequence could be incorporated in the order of assessment itself by imposing the payment as a condition and the effect of failure of such payment--|East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i). (Para 5)
(B) Rent Law--Arrear of rent--Assessment of--An obligation on the Controller to make an assessment of:(i) arrears of rent, (ii) the interest on such arrears, and (iii) the cost of application and then quantify by way of an interim or provisional order the amount which the tenant must pay or tender on the 'first date of hearing' after the passing of such order of assessment by the Controller so as to satisfy the requirement of the proviso--The first date of hearing, would mean the date following the date of such assessment order by the Controller--If the amount deposited by the tenant is found to be deficient, the Controller may pass a conditional order directing the tenant to place the landlord in possession of the premises by giving a reasonable time to the tenant for paying or tendering the deposited amount, failing which alone he shall be liable to be evicted on this ground--|East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i). (Para 5)

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Nand Singh alias Naranjan Singh v. Natha Ram (dead through L.Rs.)
2009(2) LAW HERALD (P&H)
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Vinod K. Sharma
RSA No.1162 of 1992
Nand Singh alias Naranjan Singh
v.
Natha Ram (dead through L.Rs.)
{Decided on 09/03/2009}
For the Appellant: Mr. A.K. Chopra, Sr. Advocate, with Mr.Rajnish Chauhan, Advocate,
For the Respondents: Mr. S.K. Singla, Advocate,
Civil Procedure--Declaratory Suit--Plaintiff was to stand on his own legs and merely because the defendant had failed to produce the sale deed on record as to prove the same, cannot be a good to decree the suit in favour of the plaintiff. (Para 12)
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Gurmeet Kaur Batth v. State of Punjab
2009(2) LAW HERALD (P&H)
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Kanwaljit Singh Ahluwalia
Criminal Writ Petition No. 1165 of 2008
Gurmeet Kaur Batth
v.
State of Punjab
{Decided on 20/01/2009}
For the Petitioner: Mr. Premjit Kalia, Advocate
For the State: Mr. Mehardeep Singh, Assistant Advocate General, Punjab
For Respondent No.3: Mr. Navkiran Singh, Advocate
(A) Custody of Child--Writ jurisdiction--High Court can exercise jurisdiction vested in it under Article 226 of the Constitution of India with respect to the issuance of a writ of habeas corpus when the custody of the child has been taken away by one of the natural guardian by playing a fraud upon the another--|Constitution of India, Article 226. (Para 19)
(B) Custody of Child--Custody was entrusted by mother to grandmother--Grand mother is bound to comply with demand of mother to return the custody, as she is not a natural guardian--Mother resident of Canada and Canadian Court had held that mother is entitled to custody--Direction issued to produce child in Court and had over to mother--|Guardians and Wards Act, 1890. (Para 21)
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