East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(1)(a) -- Death of tenant - After death of father (tenant), both the sons became tenants and started running business in partnership - Held, merely because one of the sons was doing independent business along with partnership business, it could not be said that there was any sub letting...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Unfit and unsafe - Major portion of the building i.e. whole of chobara had fallen down - Building quite old - Held, whole of the building to be treated as unfit and unsafe for human habitation...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Provisionally assessed rent - Non compliance - Eviction ordered - Plea of tenant that assessment order did not specify the period for which the provisionally assessed rent was payable - Held, if tenant had a grievance or ambiguity against assessment order, it was for him to have either applied for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Bona fide requirement - Requirement of son, an Advocate, to use it as office - Landlady owning number of other properties but not so pleaded - Son of landlady testifying that the other properties owned by his father - Held, property owned by a spouse cannot be considered to be a property owned by the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Bona fide necessity - Area presently in occupation of landlady has no kitchen - Held, residential building must necessarily have an area where the landlady has a kitchen at her disposal - A landlady cannot be told by tenant that accommodation of only two rooms is sufficient for her use, even..........
Punjab Package Deal Properties (Disposal) Rules, 1976, Rule 73 -- Displaced Persons (Compensation and Rehabilitation) Act, 1976 - Allotment/transfer of land in excess to lawful entitlement - Held, a displaced person who is in possession of an excess land does not have a vested right to insist that the excess land should only be sold to him - If a displaced person has no..........
Punjab Pre-emption Act, 1913, Section 19 -- Provision of S.19 of the Act is mandatory - In order to defeat the right of the pre-emptor, law has been enacted in such a fashion that before the property is sold, in order to avoid a litigation in the Court, a notice u/s 19 of the Act is required to be served by the Vendor to the other co-sharer disclosing his intentions about..........
Punjab Pre-emption Act, 1913 -- Pre-emption - Decree passed on 17.12.1993 and decreetal amount deposited on 24.1.1994 whereas partition order was passed on 30.3.1994 - On deposit of purchase money in Court by the claimant the right and title to the property vest in the pre-emptor and it becomes vested right of the pre-emptor - Right of pre-emption prior to the decree may..........
P M E T, 2009 -- Clauses 7 4, 7 7 and 6 2 - Admission - Medical courses - Prospectus - Petitioner with better merit denied admission on 3.9.2009 on total misinterpretation, misconstruction and misconception of Clause 7.7 of the Prospectus which otherwise certifies the eligibility of candidates who passed their 10+2 examination from the institutions outside the State of..........
Constitution of India, 1950, Article 14, 226 -- Regularization - Work charged employee - Pensionary benefit - Petitioner rendered 25 years of service as work charged driver but not regularized despite policy instructions of Punjab Government on the ground that he had retired w.e.f. 31.3.2009 - The petitioner was deprived of regularization of his services for not even..........
