Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 5, 7 -- Eviction petition filed by New India Assurance Co. - Company is a State within the meaning of Art.12 of Constitution - The action of the State in terms of the provisions of the Act should not be arbitrary, unreasonable or mala fide...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 5 -- Eviction by Govt. Co. - Burden of proof - Provisions of Evidence Act are not applicable - However, the burden of proving a fact rests on the party who substantially asserts the affirmative of the issue and not upon the party who denies it, as a negative is usually incapable or proof...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 5 -- Eviction by Govt. Company - Onus - When an application for eviction is based on such ground which require production of positive evidence on part of landlord then landlord will adduce evidence first...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 5 -- Eviction by Govt. company - Onus - Plea of tenant when discloses no prima facie case then it is tenant who is asked to lead evidence first...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 5 -- Eviction by Govt. company - Right of cross examination - If landlord examines any witness tenant has a right to cross examine the same - This may not be provided under the statute, but being a part of principle of natural justice should be held to be indefeasible right...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 5 -- Eviction by Govt. company - Inspection of documents - When landlord files some documents tenant has a right to inspect the same - Denial of such inspection of documents to tenant will be violative of principles of natural justice...........
Punjab Excise Act, 1914, Section 30, Constitution of India, 1950, Article 19(1)(g), 14, 15 -- Employing woman in any part of such premises, in which liquor or intoxicating drugs are consumed by public - Restriction imposed by S.30 of Punjab Excise Act - Held, ultra vires Articles 19(1)(g), 14 & 15 of the Constitution of India...........
Punjab Excise Act, 1914, Section 30, Constitution of India, 1950, Article 19(1)(g), 14, 15 -- Prohibiting employment of 'any man under the age of 25 years' or 'any woman' in any part of such premises in which liquor or intoxicating drug is consumed by the public - Held, S.30 of the Act is ultra vires Article 19(1)(g), 14 & 15 of Constitution...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Petitioners/Junior Engineers in Electricity Dept., alleged to have committed offences u/ss 447, 323, 504 and 379, IPC - Petitioners allegedly took away generator sets during raid conducted on premises of complainant - Held, petitioners being officers of Electricity Department had gone to conduct raid..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 2(c) -- Public premises - Eviction proceedings - Maintainability - As per Cl.15 of lease deed, upon determination of lease, lessee shall peacefully give up land and buildings thereon to the lessor - Therefore, buildings constructed cannot be considered as `public premises' - Eviction proceedings,..........
