Suspension of Panch/Sarpanch

Criminal case – It is not for the authorities under the Punjab Panchayati Raj Act, to give an opinion on the merit of the criminal case, registered against the person –Registration of case involving serious offences, itself is a ground for suspension of Panch/Sarpanch -- Once it is not disputed that the petitioner was facing trial under Sections 307, 324, 341 and 348 IPC, no error has been committed by the authorities in suspending the petitioner in exercise of jurisdiction under Section 20(3) of the Act. Tejbalkar Singh v. State of Punjab and others, 2011(1) L.A.R. 181 (P&H).

Lease deed for a period of nine years was unregistered is not admissible in evidence.

Transfer of Property Act, 1882 (4 of 1882)

Section 107 -- Registration Act, 1908 (16 of 1908), Section 49(c) – Immovable property -- Lease – Lease deed – Registration of – Requirement of -- Lease of immoveable property from year to year can only be created by way of a registered lease deed -- Lease deed for a period of nine years was unregistered is not admissible in evidence. Shyam Lal v. Deepa Dass Chela Ram Chela Garib Dass, 2011(1) L.A.R. 266 (P&H).

Withdrawal from Partition proceedings

Mode of partition -- Mode of partition was sanctioned after hearing both the parties – After confirmation of the mode of partition, the appellants cannot be permitted to withdraw from the partition. Jeet Singh and others v. Financial Commissioner, Appeals – II, Punjab and others, 2011(1) L.A.R. 80 (P&H DB).

Waiver of Pre-emption right

Plaintiff attesting the sale deed, receiving part of sale consideration, on behalf of the vendor -- Plaintiff had actively participated in the sale, and thereby waived his right to pre-empt the sale. Bohru v. Khubi and others, 2011(1) L.A.R. 105 (P&H).

Witness through husband

Rent Act -- Bonafide need – Even an attorney in the case of husband and wife can depose on behalf of the other – In case of non-appearance of landlady, her husband who had knowledge of the facts can depose in the Court and the non-appearance of his wife cannot be faulted with – Eviction order upheld. M/s Metro Tyres Limited v. Sushil Kumar and another, 2011(1) L.A.R. 626 (P&H).

Zimni orders

Rent Act -- Zimni orders have been recorded by the learned Rent Controller in a casual manner, it is not clear on whose request the case was adjourned by the Court -- Courts below are not sensitive towards the recording of zimni orders which has a great sanctity in the judicial proceedings -- From the zimni orders, it can be ascertained as to what has transpired before the Court on a particular date -- Litigation is increasing day by day and the higher Courts are being unnecessarily burdened only because of the petty errors committed by the subordinate Courts -- All the subordinate Courts in the States of Punjab, Haryana and U.T. Chandigarh are directed to record correct zimni orders -- Correct recording of the zimni orders lends transparency in the judicial process and are very material. Ram Pal v. Deepak Sharma, 2011(1) L.A.R. 614 (P&H).

East Punjab Urban Rent Restriction Act, 1949 (III of 1949)

Section 2(d), 2(h) – Non-residential building – Scheduled building -- Building would be scheduled building, if the building is being used by one or more of the professions specified in Schedule I, partly for his business and partly for his residence -- Demised premises was never used partly for residential and from the very reception is being used for medical practice (clinic), hence, building is covered by the definition of non-residential and is not a scheduled building under Section 2 (h) of the Act. Anima Biswas v. Gurbachan Singh, 2011(1) L.A.R. 209 (P&H).