Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction - In summary proceedings, it is pleadings of parties and document of title which is to be considered by authority...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Plea of family settlement - There is no adjudication by any Court of competent jurisdiction i.e Civil Court on the aspect that petitioners have any right in property in question - In summary proceedings, it is pleadings of parties and document of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Father senior citizen is owner of property - Petitioners are neither co-sharers nor have any right of ownership in the same - No document on record that property in question is un-partitioned Joint Hindu Family co-parcenary property - Petitioners..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction petition - Power of Tribunal - Tribunal constituted under the Act has authority to order eviction, if it is necessary and expedient to ensure the maintenance and protection of Senior citizen or parent and that an order of eviction would in other words be an incidence of enforcement 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..........
Rent and Eviction -- Bona fide requirement - Death of landlord during pendency of eviction proceedings - Remand of case on the ground that on death of landlord during pendency of eviction proceedings his heirs had to demonstrate afresh, the bona fide requirement of leased land - Crucial date for deciding the bona fides of requirement of landlord is the date of his..........
Rent and Eviction -- Limitation Act - Generally applicable to proceedings under Tenancy Act - However, if there is lesser time period specified as limitation in the Rent Act then provisions of Limitation Act cannot be used to expand the same. (Limitation Act, 1963 and West Bengal Premises Tenancy Act, 1997, S.40)...........
Rent and Eviction -- Tenancy Acts provide for certain protections to the tenants beyond the contractual rights - Thus, provisions of Rent Act must be strictly adhered to...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - Leave to defend - Rent Controller can grant leave to defend if affidavit filed by tenant discloses such facts as would disentitle landlord from obtaining an order for recovery of possession u/s 13-B of the Act...........
