Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Bona fide requirement of landlord - Leave to defend - Respondent/landlord has not stated material facts in petition - Petitioner/tenant has filed leave to defend application along with affidavit questioning bonafides of respondent by stating that respondent is owner of other shops which got vacated earlier by..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Bona fide requirement - Leave to defend - Exercise of power - Held, Controller has a statutory duty to grant leave to defend if affidavit discloses the facts which could raise suspicion on genuineness of need of landlord which can in effect disentitle landlord from recovering possession on ground of bona fide..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination-in-chief - Affidavit - Beyond pleadings or containing irrelevant or inadmissible particulars - If Court on examination of proof affidavit finds that it contains irrelevant or inadmissible particulars, could reject same and call for fresh affidavit in accordance with directions - It can also devise a special..........
Indian Penal Code, 1860, Section 195, 193, 199, 200 -- Municipal election - Affidavit accompanied by declaration alleged to be false - Complaint u/ss 193 & 200 IPC not filed by Returning officer - Complaint at the instance of respondent is not maintainable even when a request is made to the Returning Officer to file complaint but that request is not accepted as it is the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Amendment of complaint - Mistake in cheque number - Not only in pleadings of complaint, but in notice as well as in affidavit filed by complainant, number of cheque wrongly mentioned - Held, no provision for amendment in Cr.P.C. - Amendment in complaint cannot..........
Civil Procedure Code, 1908, Order 16, Rule 10, Civil Procedure Code, 1908, Order 18, Rule 4 -- Warrant of arrest of a witness - Affidavit of chief-examination of witness filed - Witness deliberately evading summons and appearance before Court - Court may issue proclamation, warrant or warrant without proclamation at its discretion by following the procedure envisaged..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Inspection of land - Suit for perpetual injunction - Averment by plaintiffs that `cattle pen' (Aavadu Dhoddi) exists on suit land - Defendants contradicted said plea by filing counter affidavit - Held, appointment of Advocate Commissioner is necessary to note physical features with regard to..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10, 18 -- Eviction - Execution proceedings - Abuse of process - Order of eviction passed in favour of landlady confirmed by High Court - SLP filed by tenant dismissed by Apex Court and time was granted to tenant to vacate demised premises subject to filling of affidavit of undertaking - Tenant failed to file..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Trial Court compared signatures on summons with signatures on application and held that signatures on summons was that of defendant - Held, when defendant filed affidavit in support of his application that he was not duly served with summons and that affidavit remained uncontroverted then..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Restoration - Wrong noting of date by counsel - Affidavit of counsel is sufficient - Counsel is not expected to place on record the copy of his case diary or the photocopy of brief - Petition restored...........
