Rent and Eviction -- Bona fide need - Adjudication of bonafide need should be done as on date of filing of eviction suit, unless some subsequent event materially changes the ground of relief...........
Rent and Eviction -- Bona fide need - Defendants denied the bona fide need of plaintiffs in their affidavit - Said affidavit by itself could not have been the sole basis for coming to a conclusion that plaintiffs did not have bonafide need of the suit premises without examining material on record...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife has always been ready and willing to live with husband and for resumption of matrimonial relationship she made efforts for restitution of conjugal rights from her side but due to negative response of husband she was not allowed to live with him - Husband denied to keep his wife..........
Registration Act, 1908, Section 71, 23 -- Refusal to register document on the ground of limitation - Delay was purely attributable to continued restraint order passed by Court - Documents were presented for registration immediately after stay was vacated - Entire period available for petitioner to present the documents for registration excluding period of existence of..........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - Plaintiffs had filed an earlier suit against defendants and suit was dismissed as barred u/s 69(2) of Partnership Act, since firm was unregistered - However, defendants in their written statement had specifically urged the plea that suit is not maintainable in view of S.69(2) of Partnership Act - An..........
Rent and Eviction -- Bonafide requirement - Bona fide requirement for occupation of landlord includes the requirement of family members...........
Rent and Eviction -- Bonafide requirement - Landlord died during pendency of proceedings - In the absence of any denial to facts that son of landlord is crippled and has no other source of income or any other business, his need is clearly established - Moreover, tenants who own several businesses have managed to cling on the premises for last 63 years even after expiry of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Merely because offences under POCSO Act is alleged, there cannot be an absolute proposition of law that proceedings cannot be quashed based on settlement between parties, especially when settlement is genuine and bonafide so as to ultimately result in marriage between accused and the victim...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Prosecution has not presented any incriminating evidence linking petitioner to alleged offence - Plea of petitioner regarding cheques being handed over which subsequently got dishonoured, matter falls under S.138 of the Act - Petitioner has..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of father-in-law - Eviction of son-in-law - House in question was purchased by respondent/father-in-law in the year 2007 - Petitioner being son-in-law after the death of his wife is living in the house in question as a permissive occupant - Contention of petitioner that house was..........
