Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery of mesne profits and future mesne profits from an Unauthorised sub tenant - Even if tenanted premises is in exclusive occupation of unauthorized sub-tenant, it is not open to landlord to institute suit in civil Court for recovery of possession of premises from unauthorized sub-tenant -..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 7 -- Eviction petition - Recovery of damages on account of unauthorised use and occupation of land - Private respondents are in occupation of public premises before coming into force of Act - Therefore, proceedings could not have been initiated against them under the Act for purpose of their..........
Stamp Act, 1899, Section 47A -- Lease deed - Recovery of maintenance charges - Cannot be initiated u/s 47-A of the Act, as Art.35(c)(ii) Sch.1-B of U.P. Stamp Act does not mention any charge relating to maintenance of property in question - Impugned order of recovery of maintenance charges, held, beyond purview of S.47-A of the Act and are without jurisdiction, therefore,..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 406, 498A -- Cancellation of bail - Nothing on record to suggest that accused had not co-operated with the investigation or had hampered it in any way - Non recovery of articles is not a valid ground for cancellation of bail - It is to be proved during trial as to how much dowry was given and..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 26(3) -- Recovery certificate - Correction/amendment - Clerical mistake - In the instant case, DRT in its findings on question of interest mentioned that interest is leviable @ 10% p.a. from date of filing original application till date of realisation but DRT failed to record period of levy of..........
Constitution of India, 1950, Article 226, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Initiation of recovery proceedings - Writ petition - Maintainability - Petitioners have more effective and efficacious remedy available to them u/s 17 of the Act - Hence, no relief can be granted to petitioners in..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of six and half months in filling appeal - Petitioner was tenant in premises and petitioner was in arrears of rent which were not paid during pendency of rent petition - Suit for recovery against petitioner was decreed and petitioner has preferred appeal against eviction order - Appellate Authority has stayed..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Suit for recovery of possession of let out building - Destruction of building - Not a ground to dismiss execution petition - Even if the building is destroyed, landlord is entitled to recover the land in which building existed...........
Constitution of India, 1950, Article 226 -- Writ petition - Maintainability - Challenging action of EDMC for recovery of monies due to the petitioner - Said action of EDMC is in accordance with clause in Government contracts in which EDMC has right to recover any amount found to have been overpaid to the contractor in audit, from the contractor by withholding the payments..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 482 -- Recovery of 5 kgs opium - Framing of charge by trial Court - Quashing of FIR - FIR clearly discloses commission of cognizable offence raising triable issues against petitioners - Prima facie case against petitioners made out u/s 18 of the Act - Trial Court..........
