Rent and Eviction -- Bona fide requirement - Landlord a retired man, has every right to live in his house, with his family - Tenant rightly evicted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage, as evidence of parties stand..........
Rent and Eviction -- Bona fide requirement - Premises required for business of son of landlord - Son not employed on the date of filing of eviction petition and bona fide requirement proved - Son of landlord involved in business in the meanwhile - Bona fide need cannot be doubted - It would be inappropriate to expect the son of landlord to sit idle without doing any work..........
Rent and Eviction -- Bona fide requirement - Subsequent event - Shop vacated by another tenant - Said shop vacated for the bona fide requirement of another son of landlord - Subsequent event cannot be taken cognizance...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay of 45 days in filing complaint - Condonation of delay - Delay is not inordinate - Reasonable explanation for delay in filing complaint rendered by complainant - Nothing pointed out to show that there was negligence on part of complainant or that delay lacks bona fide - Delay is only of few..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for recovery of Rs.63.41 lakhs - As per direction of Supreme Court defendant deposited a sum of Rs.70 lakhs - Defendant has shown his bona fide by depositing said amount - Without going into merits of case, with a view to afford an opportunity of hearing to defendant in suit, ex parte..........
Service -- Misconduct - Punishment - Addition of new ground i.e `break in service' by way of punishment in Clause 16 of Chapter of Punishment in Certified Standing Orders - Permissibility - Permission rightly denied by Division Bench for the following reasons: (i) existing grounds enumerated in Clause 16 are sufficient to take care of any misconduct committed by any..........
Rent and Eviction -- Bona fide need - Petition dismissed - Appellate Tribunal passed eviction order - High Court restored the order of Rent Tribunal as Appellate Tribunal did not go into the issue of bona fide necessity - No factual finding recorded either by first Appellate Court or High Court on question of bona fide need - Matter remanded to Appellate Tribunal for..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Limitation Act, 1963, Section 5 -- Domestic violence - Delay in filing appeal - Condonation of delay - Delay in filing appeal against ex parte order passed u/s 12 of PWDV Act - Material brought on record shows that opposite party No.2 is wife of petitioner and a son is born from said wedlock - Petitioner is..........
Civil Procedure Code, 1908, Order 21, Rule 107, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Plea of bona fide purchaser - No defence would be available to pendente lie transferee that he was a bona fide purchaser with consideration and without notice U.O.21.R.102 CPC and S.52 of T.P Act...........
