Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 8(2), 8(5) -- Rent and eviction - Non-payment of rent - Without exhausting right given to tenant u/s 8(2) of the Act, contention of landlord has no legs to stand...........
Service -- Misconduct - Disproportionate punishment - Charge of availing hospitality from private company as his air fare when he is officially dealing with such company - However, such company not made any payments in fact payment was made by appellant - Inquiry officer was not right in holding that getting ticket booked through travel agent by said private company is..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 17 - - Restoration of land - Development charges - 97.1% land was acquired for development purpose - Small portion of land including land of respondents not planned, as there were buildings on such areas - However, that does not mean that appellant have not carried out any..........
Evidence Act, 1872, Section 115, Transfer of Property Act, 1882, Section 58 -- Estoppel - Suit for redemption of mortgage - Plaintiff purchased property which was mortgaged to defendant - Defendant admitted mortgage in earlier suit and was ready to hand over possession on payment of mortgage amount - He thus, estopped by his conduct to oppose redemption - Plaintiff..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Execution - Decree of specific performance - Decree was executable within two months of passing of decree on payment of balance sale consideration - In appeal appellate Court did not impose a time limit - Objections that balance sale consideration not deposited within time as decree was not stayed by first..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Stay beyond period provided in the lease agreement - Defendant is liable to pay mesne profits - No evidence led to measure damages that can be awarded as mesne profits - Held, plaintiff is entitled to mesne profits of 15% per annum over the last paid rent - Plaintiff is also entitled to pendente lite and future..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 11(3) -- Eviction petition - Disconnection of electricity supply - Electricity supply was disconnected on the ground that tenant failed to pay electricity charges - Even this fact by itself would not be a sufficient ground to disconnect electricity supply more particularly when it is proved on record that there is..........
Consumer Protection Act, 1986, Section 23 -- Construction work - Sum of Rs.Twenty five lakhs was agreed to be paid by appellant sin full and final settlement of claim of society - Appellant having agreed to make such payment, he was rightly directed to honour his unequivocal commitment/promise - When such a relief emanates from he very commitment, made by appellants in the..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Husband suffered agony of protracted trial for more than 13 years - He has been sentenced to undergo R.I of 2 years and to pay fine of Rs.3000 or in default of payment, to undergo R.I of 1 month u/s 498-A IPC - Ends of justice would be adequately meted out in case substantive sentence is reduced to..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, 7, Transfer of Property Act, 1882, Section 105, 106, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 2(1)(a) -- Eviction petition - Default in payment of arrears of rent - Tenancy of respondent was terminated by a valid notice u/s 106 of the Act -..........
