Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction Petition - Bonafide requirement - All that landlord need to show in these proceedings is landlord/owner has a better title than tenant and nothing more - Landlord is not obliged to prove absolute ownership as is required under Transfer of Property Act since this is not a lis determining his title...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Impleadment of LRs of tenant - Landlord is not required to implead all LRs of deceased tenants, as interests of all legal heirs who have inherited tenancy as joint tenants can be duly represented by one legal heir who rather acts as an agent of others - Legal heirs are not tenants..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction Petition - Bonafide requirement - Neither Court nor tenant can dictate their own version to landlord as to how he should deal with his own property...........
Agreement to sell -- Specific performance - Relief of specific performance not granted - Suit not filed immediately after marking presence before Sub Registrar or few months thereafter and allowed creation of third party rights after two years - Even sale deeds not challenged - Plea that defendants not able to prove being bonafide purchaser is without merit - No..........
Evidence Act, 1872, Section 112 -- Second DNA test application - Maintainability - Paternity of child - Earlier DNA test was ordered and samples were taken in presence of Advocate Commissioner appointed by Court below - Report was submitted, there cannot be any legitimate apprehension on part of petitioner that process of DNA test was manipulated - Apprehension expressed..........
Punjab Town Improvement Trust Act, 1922, Section 32, 43 -- Power of development authority - As regards power to alter/change the scheme after its sanction, there is an enabling power with the Improvement Trust u/s 43 of the Act after obtaining the prior approval of the State Government - However, question is whether exercise of such power is bonafide and in public interest..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Non-examination of witnesses on side of wife would show that she has not taken steps for reunion with husband - Mere filing of petition u/s 9 of the Act is not enough that wife was ready and willing for reunion - It is only after lodging a complaint by husband before police, wife..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Order taking cognizance - Petitioner being a Patwari demanded bribe for issuance of bonafide residence certificate - However, no evidence on record to show that there is any specific demand for making a bonafide residence certificate - Rather, petitioner had mentioned in transcript that residence..........
Agreement to sell -- Specific performance - Bonafide purchaser - Merely because sister of subsequent purchaser married in same village where suit property is situated, it cannot be said that she knew about agreement to sell in favour of plaintiff, as it is not necessary that every inhabitant of every village knows about every agreement to sell executed by every other..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Prayer to run concurrent sentence instead of consecutively with main complaint - Material supplied under various bills on more than 200 different occasions as per requirement of accused-petitioner - These are different transactions during the business dealings..........
