Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 24(2) -- Newly constructed building - Right of re-entry of evicted tenant - Said right can be enforced by filing application before District Magistrate - However, said provision is only enabling provision providing machinery to enforce right of re-entry - It in no manner impedes..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Subletting - It is proved on record that when petitioners purchased demised premises in 2015, business was being run in premises by both respondents and same was never objected to by its previous owner - No rent note or rent deed entered into between previous landlord and tenant - Courts below..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Material impairment of the value and utility of plot - Plot given on rent for selling fodder by weighing with manual `kanda' - Tenant got installed weigh bridge without written consent of landlord - Plea of tenant that value of building has been enhanced due to commercial use of property - Plea..........
Criminal Procedure Code, 1973, Section 190(1)(b), 482 -- Quashing of order taking cognizance - Cognizance taken on basis of protest petition by taking into account affidavits filed along with protest petition - Order cannot be sustained and set aside - Matter remitted for decision afresh...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition filed under wrong provision of law - Husband filed reply to the divorce petition and stated that he has no objection if divorce petition is accepted - Court dismissed divorce petition by holding that matter is being contested by both the parties in a collusive manner to obtain decree of divorce..........
Criminal Procedure Code, 1973, Section 202, 204, Indian Penal Code, 1860, Section 498A, 294, 323 -- Summoning of accused - Cruelty - Dowry demand - It is discretion of Court whether to act upon report u/s 156(3) Cr.P.C, received from police and proceed to enquire into matter and recording of evidence u/s 202 Cr.P.C - If Magistrate is not satisfied with report, he can..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of Supreme Court - Grievance that petitioners were not re-instated as per Court`s order - However, there is no direction in order passed by Supreme Court to reinstate petitioners or place them in minimum pay scale - Contempt jurisdiction cannot be invoked on the basis of impressions, when..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of Supreme Court - Execution petition to execute final award passed by Arbitrator was already filed regarding said order - It is for the petitioner to work out his remedy - When regular execution petition is pending, it cannot be said that respondent has intentionally violated the order -..........
Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 227 -- Interim injunction - Refusal to grant - Writ petition u/art 227 of Constitution challenging said order is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227 -- Writ petition - Maintainability - Writ Petition u/art 227 of Constitution challenging orders passed by Civil Courts refusing to grant interim injunction U.O.39.Rr.1, 2 CPC, is maintainable...........
