Prevention of Corruption Act, 1947, Section 5(2) -- Demand and acceptance of bribe - Proof - It is not even case of prosecution that any bribe amount was handed over to "R" at any point of time by complainant - In entire evidence of prosecution it has nowhere come in the version of any of witnesses including complainant that any part of bribe was given directly to accused..........
Rent and Eviction -- Relationship of landlord and tenant - Only basis on which plaintiff himself seeks to introduce himself in present lis is the Agreement to sell which document is neither registered nor properly stamped - Executor of said agreement to sell has denied his signatures on said document - Held, same cannot furnish any basis t present plaintiff for claiming..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent judgments of Court below - Appeal not pressed - Counsel for appellants-defendants submits that since possession of suit shop has been handed over to respondents-plaintiffs-landlord and he, therefore, does not want to press this second appeal on merits - Counsel for respondents-plaintiff also does not..........
Transfer of Property Act, 1882, Section 106(4), Civil Procedure Code, 1908, Order 5, Rule 15 -- "At his residence" to be substituted with "shop" or "business premises" when dealing with a business place...........
Rent and Eviction -- Bona fide requirement - Shop purchased with a sitting tenant - Cannot be said that requirement of purchaser/landlord is not genuine...........
Rent and Eviction -- Partial eviction - In case of a single shop, partial eviction cannot be passed...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits during appeal - Eviction decree - Mesne profits can be at a rate higher than the provisional rent fixed during pendency of the eviction petition - Status of tenant after passing of the decree of eviction is unauthorized - Mesne profits fixed at Rs.10,000/- per month of a shop which was let out at a monthly rent..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits during appeal - Suit shop let out about 60 years back at a monthly rent of Rs.46/- - Shop situated on a main and oldest commercial Center of city of Jaipur - Since the commencement of the tenancy, monthly rent and price of immovable property has increased many fold - It is fit and proper to determine/fix the..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 21(1)(a) - - Eviction - Landlord sought release of disputed shop for benefit of his son who will start his business of electrical goods - Trial Court allowed petition - Appellate Court reversed order of prescribed authority on ground that in meantime, landlord got another shop..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 - - Eviction - Regular second appeal - Concurrent finding of fact recorded by both Courts below that present suit has been filed within ten years of construction in respect of demised shop - Held, such finding of fact cannot be interfered in regular second appeal...........
