Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Provision confers upon every woman in a domestic relationship the right to reside in shared household, irrespective of whether she has any right, title or beneficial interest in the same - However, this right is not indefeasible - It does not create a proprietary interest in the property..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 8, Capital of Punjab (Development and Regulation) Act, 1952, Section 2(k), 22, Chandigarh Lease-hold of Sites and Building Rules,1973, Rule 12(3) -- Cancellation of lease - Original allotment made in favour of allottees was cancelled by Assistant Estate Office after affording sufficient opportunity of..........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(iii)(a)(i) -- Eviction petition - Bonafide requirement - Dismissal of eviction petition by Rent Controller and eviction order passed by Appellate Court - Appellate Authority has failed to analyze reasons given by Rent Controller while dismissing petition - Appellate Authority while deciding appeal is..........
Protection of Women From Domestic Violence Act, 2005, Section 19, 17(2) -- Right of residence - Divorced wife who is continuing in shared household at the time of divorce though entitled to seek for a residence order u/s 19 of the Act, can continue only till she is evicted by due process of law - However, residence order passed in such cases, would be subject to any..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Objections - Landlord obtained a lawful decree of possession and recovery of possession - Mere pendency of appeal filed by tenant against dismissal of his suit of permanent injunction filed against landlord, would not be impediment to proceed with execution of eviction decree - Landlord has not taken..........
Rent and Eviction -- Tenant not vacating even after direction of Supreme Court while dismissing earlier SLP - Tenant abused the process of law in managing to remain in possession of the property in question - SLP dismissed with cost of Rs.50,000/- payable to D.H. - Tenant directed to vacate the premises with one month failing which D.H. shall be at liberty to initiate..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction petition - Respondent repeatedly filed vexatious suits and petitions against petitioners - Further respondent was attempting to make mockery of the very judicial system - In case litigants like respondent is permitted to achieve their objective in delaying execution of a decree passed by Court,..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 19(2) -- Rent and eviction - Re-entry - Tenant handed over possession to landlord/decree holder voluntarily and not by coercion or by process of law after appointment of a bailiff - Therefore, S.19(2) of the Act would not be applicable...........
