Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13(1)(k), 13(1)(e) -- Eviction petition - Compensation - Compensation cannot be based on valuation of building - After all, what was leased out was land, the construction on land if any made during subsistence of tenancy, was to belong to lessee - Compensation can accordingly be based only on value of..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant who suffered ex parte decree can simultaneously invoke two remedies i.e (i) by filing an application for setting aside ex parte decree U.O.9.R.13 CPC; and (ii) by filing an appeal u/s 96 CPC...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside by simultaneously filing application U.O.9.R.13 CPC and appeal u/s 96 CPC - Stay of appeal - Defendants filed application for stay of appeal after more than 2 years after filing appeal and application U.O.9.R.13 CPC - However, meanwhile plaintiff deposited balance amount of sale..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, Insolvency and Bankruptcy Code, 2016, Section 14, 31, Indian Contract Act, 1872, Section 128 -- Proceedings against guarantor - Under SARFAESI Act when proceedings under IBC have been initiated against principal borrower and same pending adjudication -..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- Loan - Recovery of debt - Quashing of demand notice - Notice u/s 13(2) of the Act was served on respondent on same pattern of letter head which is being ordinarily used by appellant in its correspondence with its customers - Trivial and technical objection..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Landlord can seek eviction of a tenant from tenanted premises not only for his or her need of a closely related person...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Deposition of general attorney of landlady without landlady stepping into witness box - Legality - Merely because landlady has not appeared as witness in the case and her general attorney appeared, which general attorney was none other than her own son, is no ground to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13 -- Rejection of plaint - Dismissal of application - Eviction petition - Seeking rejection of eviction petition on ground that period of 10 years had not elapsed after completion of construction of building as provided u/s 1(3) of the Act - Tenant would be..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife was harassed by husband and his family members for dowry following which FIR was lodged by her against husband - She was always willing and is still willing to live with husband - Wife was neglected and deserted by husband - Wife not living separately on..........
Civil Procedure Code, 1908, Order 13, Rule 9 -- Return of admitted document - Any person desirous of receiving back any document produced by him in the suit shall, unless the document is impounded is entitled to receive back the same...........
