Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 467 -- Quashing of FIR - Offence of forgery & criminal breach of trust - Averments in report u/s.173 CrPC that petitioner was a tenant of "A" with a right to sublet premises - Held, if petitioner has lawfully inducted a sub-tenant/tenants and had appropriated rent received by her, there..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 7 -- Eviction - Non-payment of rent - Rent is a matter of agreement or consent between parties - It can be varied or enhanced bilaterally only by novation of old contract or agreement by executing a new one - Merely because petitioner/tenant agreed to increase rent from Rs.75/- to Rs.150/- P.M...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Written statement - Amendment - By way of amendment, petitioner/tenant took completely new stand and has tried to resile from his earlier admission made in his original written statement - Record showed that respondent/landlord already concluded his entire evidence and..........
East Punjab Urban Rent Restriction Act, 1949 (As extended to the city of Chandigarh), 1974, Section 13B - - Eviction - Personal need - NRI landlord - Eviction of tenant sought on ground of own personal need - Status of landlord as NRI is not in dispute - Contention of tenant is that in possession of only ground floor and building has two other storey and landlord wants..........
East Punjab Urban Rent Restriction Act, 1949 (As extended to the city of Chandigarh), 1974, Section 13B - - Eviction - NRI landlord - Leave to defend - Defence of tenant that power of attorney holder does not have a power to institute case - Held, it is not uncommon that NRI landlord resorts to Court through a local resident Indians to prosecute case and to that extent..........
East Punjab Urban Rent Restriction Act, 1949 (As extended to the city of Chandigarh), 1974, Section 13B - - Eviction - NRI landlord - Leave to defend - Summary adjudication - Held, a summary adjudication in application to leave to defend is an intervention by a Court to see whether there exists something tenable for consideration and statutory provision providing for a..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Pleadings - Held, there is no proposition in law that there could be permission granted to landlord to plead for his personal necessity even without any pleadings - Strict rules of evidence may not be essential in rent control matters - If landlord spelt out his personal need for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Landlord had chosen not to file application for amendment setting out his own need - Whether such change of personal need could be brought through evidence without amendment of pleadings? - Held, no, if landlord had chosen not to file application for amendment setting out his own need..........
Rajasthan Rent Control Act, 2001, Section 15(8), 19, 20 -- Recovery certificate Execution of - Held, even if judgment of Rent Tribunal is accepted to have merged with that of Appellate Rent Tribunal for limited purpose of deciding finality of first judgment, restriction created for inexecutability of recovery certificate by sub-S.(8) of S.15 cannot continue to be extended..........
Transfer of Property Act, 1882, Section 58(f), 65A(e) -- East Punjab Rent Restriction Act, 1949, S.2 & 13 - Mortgaged property - Recovery of possession - Right of secured creditors - Bank has issued a notice to respondents to hand over physical possession of property - Bank has alleged respondents to be unauthorized occupants and has sought possession from them - Bank has..........
