, Rule 3(1), 3(2), 3(3) -- Eviction - Order of eviction can be passed against any person who is in unauthorized occupation of property of Senior Citizen/Parent - First part of R.3(1)(iv) of 2009 Rules, which mentions only son or daughter or legal heir cannot control the said specific provisions and limit their operation and effect...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Complainant placed on record compromise deed wherein, it is admitted that matter is finally settled and complainant has no objection if offence is compounded and accused is acquitted - Judgment of conviction and sentence set aside and accused..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - Points for determination - Non-framing of - First appellate Court neither compiled with directions mentioned in O.41.R.31 CPC nor made any point of determination in its impugned judgment - No reason given as to why it was proper to dismiss the appeal or why such judgment was passed - Nothing is there which shows..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Compounding of offence - Matter compromised between parties - Requirement of deposit of 15% cheque amount reduced to 10% of cheque amount as petitioner is a poor person - Conviction and sentence set aside - Accused acquitted subject to deposit of 10% of cheque amount with the State Legal..........
Rent and Eviction -- Concept of ownership in a landlord tenant litigation governed by Rent control laws has to be distinguished from one in a title suit - In rent control legislation, landlord can be said to be owner if he is entitled in his own legal right as distinguished from for and on behalf of someone else to evict the tenant and then to retain control, hold and use..........
Rent and Eviction -- Revision - Revisional power cannot be equated with the power of reconsideration of all questions of facts as a Court of first appeal - A finding of fact recorded by court/authority below, if perverse or has been arrived at without consideration of the material evidence or such finding is based on no evidence or misreading of the evidence or is grossly..........
Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat - Pecuniary jurisdiction - Permanent Lok Adalat shall not have jurisdiction in matters where value of property in dispute exceeds ten lakh rupees...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 300, 482 -- Dishonour of cheque - Offence by company - Name of company withdrawn before commencement of trial - Legal position changed - Now name of company sought to be added - Bar of double jeopardy not attracted...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex Parte decree - Setting aside - Service of summons served without copy of plaint - Service cannot be aid to be legal or a mere irregularity - Service of service not accompanied with copy of plaint is not due service - Order setting aside ex parte eviction order upheld...........
Specific Relief Act, 1963, Section 20 -- Specific performance - Discretion of Court - Defendant cannot claim discretion u/s 20 of act as a matter of right - More so, where no such plea was taken by defendants in their written statement, such plea cannot be raised directly in appeal to the prejudice to legal rights of plaintiff - Concurrent findings of Courts below..........
