Delhi Rent Control Act, 1958, Section 25B(5) -- Eviction petition - Leave to defend - Defence set up by tenant is only a moonshine, as bona fide need of landlord is satisfied - Averments regarding alternative accommodation are vague and title of landlord cannot be questioned and embargo under Enemy property Act does not get attracted - However, High Court in its revisional..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material impairment of value and utility of building - Removal of such impairment after filing of eviction petition - Once acts of tenant puts ownership of landlord at peril, such acts or omission do fall within expression impair materially the value and utility of building - Eviction order..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Tenant admitted that she has paid rent from time to time and she is tenant - She also admitted that she has never paid rent before Court concerned after first hearing of suit as required U.O.15.R.5 CPC - Defence of tenant rightly struck off...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Any deposit made prior to first appearance in SCC suit may be adjusted for arrears of rent due upon filing an application, but after institution of suit, it is mandatory requirement to deposit rent before Court, where suit is instituted...........
Rent and Eviction -- Eviction petition - Plea of tenant having no objection to vacate subject to refund of security deposit and expenditure of Rs.75 Lakhs for repairs and maintenance of premises - Proof of expenditure - A suggestion has been put to DW1 that no money was spent by tenant for repairs or renovation of suit schedule premises, as the suit schedule premises was a..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of four cheques towards advance rent - Premises vacated - One cheque presented for recovery of damages caused to the property - Civil Court decree was passed against complainant and a finding was recorded that no damage was caused to building - Respondent successfully rebutted the..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 18(1)(b), 20 -- Eviction petition - Bonafide need - There is no evidence to show that landlord has any other building in her possession - Tenant being a cooperative society, second proviso to S.11(3) of the Act has no application - Eviction order upheld - Directions issued...........
Indian Penal Code, 1860, Section 420, 403 -- Failure to pay rent - May have civil consequences but not a penal offence - FIR quashed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - If bonafide requirement of landlord continues, landlord has a recurring cause of action...........
Finance Act, 1994, Section 76, 77, 78, Rajasthan Agricultural Produce Market Act, 1961, Section 9 -- Service tax - Imposition of penalty - Challenge - Whether Market Committee constituted under Act of 1961 were liable to pay service tax on rent collected by them from traders under the Renting of immovable property - Collection of the rent was not a statutory activity as it..........
