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..........
Rent and Eviction -- Sub letting - Rent Controller dismissed the petition - Appellate Tribunal reversed the decision - High Court in a petition under Article 227 of the Constitution tested the legality of order of Tribunal through the lens of an appellate body and not as a supervisory Court, which is impermissible - Finding of High Court that appellate forum's decision was..........
Rent and Eviction -- Eviction order - J.D. did not permit to execute the decree by filing proceedings one after the other - D.H. not permitted to enjoy the fruit of decree even after a period of 33 years of passing of the decree - SLP dismissed with costs of Rs.25,000/- - Executing Court directed to decide and dispose of execution proceedings within a period of six months...........
Limitation Act, 1963, Article 1 -- Limitation - Suit for recovery of money - Parties had agreed and proceeded with two independent transactions leading to two independent obligations i.e one being obligation on part of plaintiff to pay rent to defendant and other being obligation on part of defendants to repay the loan to plaintiff - Art.1 of Scheduled to Limitation Act..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction petition - Applicant having interest in the title of suit property - In order to ensure that suit did not suffer from non-joinder of relevant and necessary party, impugned order of allowing impleadment of respondent in no way prejudices interests and rights of landlady, which will be finally..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Bonafide need - Merely because landlord put in his pleadings the fact ex abundanti cautela that he had purchased a soda water machine that was lying idle, would not give Courts below vantage to evaluate genuineness of landlord`s need with reference..........
