Showing : 371-380 of 3462 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35-- Overriding effect - Expression `any other law for the time being in force' as appearing in S.35 of SARFAESI Act cannot mean to extend to each and every law enacted by Central and State legislatures - It can only extend to the laws operating in the same field - A non obstante clause u/s 35 of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Rent and Eviction-- Concept of ownership in a landlord tenant litigation governed by Rent control laws has to be distinguished from one in a title suit - In rent control legislation, landlord can be said to be owner if he is entitled in his own legal right as distinguished from for and on behalf of someone else to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Rent and Eviction-- Revision - Revisional power cannot be equated with the power of reconsideration of all questions of facts as a Court of first appeal - A finding of fact recorded by court/authority below, if perverse or has been arrived at without consideration of the material evidence or such finding is based on..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Rent and Eviction-- New plea - Factual submissions not raised in written statement or urged at any stage of the proceedings - Cannot be allowed to be raised for the first time in appeal...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Rent and Eviction-- Eviction order on ground of bonafide need - Grant of two years time to vacate - Held, grant of two years time to vacate is not justified in absence of any justifiable cause to prove extreme hardship and further in the absence of any statutory provision or any contract between the parties to that..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
West Bengal Premises Tenancy Act, 1997, Section 7-- Rent and eviction - Arrears of rent - Delay in deposit of rent - Non-compliance of direction issued by Court - A right accrues to the opposite party to get defence of defendant struck out against delivery of possession by operation of law...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Personal necessity - Landlady required premises for setting up departmental store - She was working in USA and retired from her job - Plea of tenant that landlady has sufficient accommodation available for starting her departmental store in the form of two vacant shops and first and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Suit for possession-- Defendant claiming to be a tenant for life time on payment of Rs.One Lakh in lump sum - Affidavit to that effect attested by Notary Public - Trial Court held that affidavit was a forged document in view of statement of expert witness and he also having made report on the basis of his expert..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123-- Ex parte order of eviction - Setting aside - Limitation - No limitation is prescribed for filing an application for setting aside ex parte eviction order as provisions of Limitation Act are not applicable to proceedings under the East Punjab Urban Rent Restriction Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Landlord required the premises for his son for opening a gym - Omission to plead that son of landlord did not own or possess or had vacated any other property in urban area would not be fatal to tenant, as son did not possess any other property in urban area - Tenant rightly evicted...........

Showing : 371-380 of 3462 Results