Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte order - Setting aside - Eviction suit - Summons were duly served to tenant - Tenant had been appearing in proceedings since the year 2017 - But since Nov 2018 till June 2019, tenant did not come for further progress of case and opted to remain absent from dates fixed..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Provision of O.15.R.5 CPC can be invoked when suit is instituted for recovery of possession by eviction of lessee and for recovery of amount of rent or compensation for use and occupation of the premises...........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Rajasthan Rent Control Act, 2001, Section 9(A), (I), (E), (F), 21(3), Evidence Act, 1872, Section 45 -- Eviction petition - Tribunal denied to be take documents on record - Since said documents were denied to be taken on record, therefore, Tribunal observed that there was no justification for taking report of handwriting..........
Constitution of India, 1950, Article 227, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Writ petition - Eviction order - Admittedly, it was consistent case of petitioner that she was a tenant of accommodation, in question, ever since last 50 years and since no such plea was ever raised by her before Prescribed..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 2(6) -- Eviction petition - Tenant attorn tenancy and recognized landlord as landlord of petition premises - Therefore, tenant cannot question the title and nature of property...........
Consumer Protection Act, 1986, Section 2(1)(g), Consumer Protection Act, 2019, Section 2(11) -- Consumer - Bank locker - Breaking open of locker by Bank for non payment of rent dues - However, Rent dues were cleared before breaking open locker - Gold ornaments alleged to be missing - Bank not disputed their negligence in breaking open the locker in spite of clearance of..........
Consumer Protection Act, 1986, Section 2(1)(g), Consumer Protection Act, 2019, Section 2(11) -- Consumer - Bank locker - Breaking open of locker by Bank for non payment of rent dues - However, Rent dues were cleared before breaking open locker - Appellant remained in dark for almost a year before he visited bank for withdrawing his valuables and enquired about status of..........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13 -- Eviction suit - Dismissal of suit - Arrears of rent - No material whatsoever was produced regarding relationship of landlord and tenant between the parties besides the fact that defendant was able to establish that preliminary facts alleged in plaint regarding letting out property in the year 1983..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape of married lady - Prosecutrix engraved tattoo of name of accused on her forearm - Contention that tattoo was engraved forcefully rejected, as it is not easy to make a tattoo on forearm if there is some resistance from other side - As regarding allegation that prosecutrix..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(8) -- Bonafide requirement - Plea of tenant is that there is no functional integrity between building in occupation by landlord and tenant and therefore, application u/s.11(8) of the Act is not maintainable - There is no clear averments in petition that landlord is occupying a part of building and..........
