East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Shop-cum-office - Personal necessity - Landlord, owner of shop-cum-office, sought ejectment on ground of personal necessity qua residential premises - Landlord could not reside in shop-cum-office - Moreover, shop-cum-office has been sold by landlord - Held, landlord is best judge qua his need - Need of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 457 -- Bail - Theft of gold jewelry & mobile phone from a residential house - Petitioner in judicial custody - Trial likely to take a long time - Continuous detention of petitioner as an under trial is not warranted - Bail granted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide requirement - Conditions to be fulfilled - Held, (a) he is not occupying another residential building in urban area concerned and (b) has not vacated such building without sufficient cause in said urban area after commencement of the Act...........
Constitution of India, 1950, Article 226 -- Allotment of plot - Oustee policy - Case of petitioner that vide award dated 27.01.1984 land measuring 3 kanals 4 marlas owned by his father was acquired for development and utilization as residential and commercial area - Petitioner's case that vide policy decision dated 27.03.2000, Respondent had extended oustee policy to land..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide need - Landlord alleged to have got vacated other shops from other tenants during pendency of instant petition - According to landlord, same were part of residential premises and vacation will not make any difference as same are part of residential accommodation and have been..........
Civil Procedure Code, 1908, Section 60(c) -- Execution - Exemption from attachment and sale of residential house of an agriculturist - Exemption available only if house is in occupation of J.D...........
Indian Penal Code, 1860, Section 302 -- Seven persons abducted by police - They were found in different police stations and also in residential quarters near the police station - On this evidence, Court cannot hold that the two appellants killed the seven abducted persons only because seven persons have not been traced or are found missing...........
Civil Procedure Code, 1908, Section 60(1)(ccc) - - Execution - Exemption from attachment of one residential house - Principal borrower and guarantor died before filing the suit - Suit filed against legal representatives - Benefit of the provision is available to J.D.'s when principal borrower died before institution of suit as they themselves are the J.D's. - Mere fact..........
Punjab Town Improvement Trust Act, 1922, Section 36, 42, 72E, Constitution of India, 1950, Article 14, 16, 226 -- Grant of exemption from acquisition or releasing the acquired land on which construction had already been raised merely because the quality of construction is different - It is difficult to accept the case of State Govt. that certain types of structures which..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Personal necessity - Pleadings - Held, it is imperative for landlord to specifically plead all ingredients in sub-clauses (b) and (c) i.e. he is not occupying any other residential building and he has not vacated such a building without sufficient cause and also to prove the facts constituting..........
