Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Meaning - Held, shared household means a household where person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with respondent and includes such a household whether owned or tenanted either jointly by aggrieved person and respondent, or..........
Rent and Eviction -- Ceased to occupy - Meaning - It means actual possession of the tenanted building or use thereof for the purpose for which it is let out - If tenant is shown to be continuously absent from the building for six month, Court may presume that he has ceased to occupy the building or abandoned it - Legal possession of building by tenant, will, by itself, not..........
Rent and Eviction -- Ceased to occupy - Initial burden is on landlord to prove - Once such evidence is adduced, burden shifts on tenant to prove that was reasonable cause for his having ceased to occupy the tenanted premises for a continuous period of 6 months. (Kerala Buildings (Lease and Rent Control Act, 1965, S.11(4)(v)...........
Delhi Rent Control Act, 1958, Section 14(1)(2) -- Bonafide requirement - Shop - Required to run business - Leave to defend sought by tenant on the ground that shop is situated in residential area and the same cannot be used as a shop - Point raised by tenant requires consideration - Moreover, landlord never claimed that no permission from any Govt. authority is required by..........
Transfer of Property Act, 1882, Section 107 -- Rent received after termination of tenancy - Can be taken as charges towards use and occupation because after all a tenant is bound to pay charges till he vacates the tenanted premises...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Injunction - Right of woman to reside in shared house - It can be any household whether owned or tenanted, either jointly or by either of them - It is the household in which the victim and the violator may be having rights, singly or jointly - Consequently, they may or may not have title to the..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Bonafide requirement - Landlord chartered accountant by profession, sought eviction of tenant from shop on ground floor to set up his professional office - Tenant taking plea that landlord having alternative accommodation - Held, plea not tenable as other property available to landlord was purely residential whereas..........
Indian Penal Code, 1860, Section 376, 506 -- Rape and criminal intimidation - Accused landlord of prosecutrix entered her house, threatened her and sexually assaulted her - No explanation furnished by prosecutrix as to what desisted her from making hue and cry when alleged offence was committed - Delay in lodging FIR not explained - Statement of prosecutrix given to doctor..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bonafide requirement - Landlady sought eviction alleging that she wants to settle her son, who was aged 23 years and had passed B.Sc in Information & Technology, in business in tenanted premises - Tenant contended that premises were residential and hence no business could be started there - Only..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Tenanted premises belongs to three persons and all there sought ejectment of tenant - Tenant contended that representation of one owner was not proper as he was of unsound mind and suit filed at his instances, though through a manager appointed under Lunacy Act, but order not produced..........
