Rent and Eviction -- Bona fide requirement - Landlord's family consisted of 5 members - Landlord having three bed rooms - Landlord and his son both Doctors - Accommodation sufficient for residence - Their requirement for additional accommodation to use as residential clinic - Need bona fide. (Delhi Rent Control Act, 1958, S.14(1)(e)..........
Rent and Eviction -- Bona fide requirement - The words `need' and `require' denote a certain degree of want with a thrust within demanding fulfilment (ii) Term bona fide refers to a state of mind - Requirement is not a mere desire - Degree of intensity contemplated by requirement is much higher than in mere desire (iii) The phrase `required bona fide' is suggestive of..........
Rent and Eviction -- Revision before High Court - Revisional power be exercised when Court commits one of three errors namely (i) having exercised jurisdiction not vested in it by law (ii) having failed to exercise a jurisdiction so vested, or (iii) having exercised its jurisdiction with illegally or material irregularity - Revisional power of High Court under S.25-B(8) of..........
Civil Procedure Code, 1908, Section 16 -- Territorial jurisdiction - Suit for specific performance - Suit in respect of property situated at Gaziabad - Suit filed in a Court at Delhi - Defendants No.1 & 2 have their registered office at Delhi and carrying on business in Delhi - The relief of executing the sale deed and getting the sale deed registered can be entirely..........
Guardians and Wards Act, 1890 -- Custody of minor - Transfer of proceedings - Mother filed custody proceedings at Chandigarh - All the minor children residing with the father at Delhi - Case transferred from Chandigarh to Delhi - District Court, Delhi to deal with matter at its earliest convenience - Decide same on its own merit after hearing parties - Arrangement of..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Application for permission to place on record an application moved before Assessor and Collector, Municipal Corporation, Delhi - Permission also sought to prove the same by summoning record from the office of the Assessor and Collector - Photocopy of a copy - Application filed after eight years at the time of arguments -..........
Delhi Municipal Corporation Act, 1957, Section 478, Limitation Act, 1963, Article 82 -- Tort - Damages - Negligence - Branch of tree standing on road side fell on scooterist causing his death - Suit filed within two years - Plea of Corporation that two months notice not given and suit not filed within 6 months and as such suit is barred by limitation in view of S.478 - Not..........
Service -- Departmental enquiry - Delhi Police (F & A) Rules, 1980, R.16(3) - Rule is almost akin to Sections 32 and 33 of the Evidence Act - Before rule can be invoked factors enumerated therein, namely, presence of witness cannot be procured with undue delay, inconvenience or expenses have to be found to be existing...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Court directed SHO to provide necessary help to plaintiff as defendants trying to forcibly dispossess when interim injunction granted in favour of plaintiff and defendants restrained from dispossessing - No person can be permitted to take the law in his own hands and to flout the orders of the Court - Inherent..........
Civil Procedure Code, 1908, Section 92 -- Maintainability of suit under Section 92 - Depends upon allegations in the plaint - No reference need be made to averments in written statement for such determination - When suit instituted by person other than Advocate General - Essential requirement that person should have interest in the Trust - Interest must be real,..........
