Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 21(1)(a) - - Evictio, Comparative hardship - Landlord did not possess any other alternative accommodation in a vacant state - Nothing to show that tenant has made any attempt to find out any alternative accommodation - Held, issue of comparative hardship lean in favour of..........
Criminal Procedure Code, 1973, Section 468(2)(b), Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 18, 19 - - Complaint - Whether barred by limitation? - Tenant relinquished his tenancy rights by entering into written agreement dated 12.03.2005 and accepted consideration of Rs.2.00 lacs on that day and, therefore, he committed offence u/s.19(1) of..........
Criminal Procedure Code, 1973, Section 473, Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 18, 19 - - Delay in filing complaint - Extension of limitation period - Held, S.473 Cr.P.C. empowers Court to extend period of limitation if it is satisfied on facts and in circumstances of the case that delay has been properly explained or that it is..........
Evidence Act, 1872, Section 116 -- Denial of title of landlord by tenant - Tenant has to surrender possession to the landlord before challenging title of landlord...........
Delhi Rent Control Act, 1958, Section 25B, Civil Procedure Code, 1908, Order 37, Rule 4, Limitation Act, 1963, Section 5 -- Eviction proceedings - Bona fide need - Leave to defend - Condonation of delay - Recalling of order - Held, S.25B of DRCA which provides for summary trial of applications for eviction on ground of bona fide requirement is a code in itself - Rent..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and Murder - Conviction - Sustainability - Accused, tenant in the house of deceased - At the time of incident, apart from father of deceased, only male present in the house was appellant - House locked from inside - Charge of rape stands proved - Plea that accused not run away from scene of offence showed that he is..........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 15 -- Fair rent - Determination of - Tenant let-out the property in the year 1945 to State Government - Landlord got the rent of Rs.300/- per month only for 45 years - When landlord sought increase in rent after 45 years by filing a petition in the year 1990, he could get the rent increased to Rs.4,500/-..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff has set up their case seeking possession of suit premises from the tenant as also for recovery of damages, mesne profits etc. - Plea regarding agreement being non registered cannot be the ground for rejection of plaint outrightly - Effect of non registration of the documents could only be..........
Evidence Act, 1872, Section 63, 65, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction suit - Application for secondary evidence dismissed - Relationship of landlord and tenant denied by tenant therefore , question of issuance of rent receipts in favour of tenant does not arise - Approach of Rent Controller is perverse and illegal because question whether..........
Evidence Act, 1872, Section 63, 65, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction suit - Application for secondary evidence dismissed - As per Rent Controller, document sought to produced by secondary evidence can be self created by landlord - However, issuance of rent receipt denied by tenant - Approach of Rent Controller patently untenable because..........
