Contempt of Courts Act, 1971, Section 15(1) -- Criminal contempt - Suo motu contempt proceedings - Judge act in their own cause - Bench was already dealing with Suo Moto Contempt Petition - Letter of President of Bombay Bar Association and President of Bombay Incorporated Law Society was placed before Bench - Along with this letter complaints filed by contemnors were..........
Contempt of Courts Act, 1971, Section 15(1) -- Criminal contempt - Suo motu contempt proceedings - Source of information - Order whereby contempt proceedings were initiated has recorded that action has been taken on basis of letter sent by President of Bombay Bar Association and President of Bombay Incorporated Law Society to President of India and Chief Justice of India..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13, Civil Procedure Code, 1908, Order 2, Rule 2 -- Eviction - Ground of default in payment of rent - Institution of second suit after dismissal of first suit for eviction - Bar as to - Tenant admitting rent dues to owner and later rent accumulated pending first suit - Default in payment of rent dues..........
Bombay Entertainment Duty Act, 1923, Section 3(1)(b), 3(2), 3(5)(a), 2(a1) -- Levy of entertainment duty - Amusement park - Activities undertaken by petitioners are not falling part of S.3(2) of Bombay Entertainments Duty Act - Petitioners cannot claim benefit under said Section and thus, not entitled to rebate of 50% provided to specified category of persons in S.3(2) of..........
Agreement to sell -- Specific performance - Stamp duty - No delivery of possession of suit property either before or after execution of suit agreement for sale was made - Possession is ordered to be delivered by defendants to plaintiff after execution of sale deed, as a part of decree of specific performance - There is thus, no substance in the argument that stamp duty of..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 5(11)(c)(ii) -- Rent and eviction - S.5(11)(c)(ii) of the Act provide that persons carrying on business with statutory tenant at time of death would be entitled to continue as a tenant - In absence of such member any heir of deceased tenant as may be decided by Court in default of agreement would get..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13 -- Eviction petition - Alternative accommodation - Original tenants secured alternative accommodation in 1975 and despite that company allowed him to be continue in tenanted premises - Thereafter, his legal representatives too continued - But that cannot be a disabling factor for owner to press..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13 -- Eviction petition - Subletting - Landlord has to prove only that person other than tenant is in possession of suit premises - Once that is proved, tenant must explain under what circumstances a person other than himself has been in possession of suit premises...........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 11, 12(3)(b) -- Rent and eviction - Arrear of rent - Agreed rent is Rs.1043.75ps per month - Interim compensation directed by trial Court is Rs.650/- - Firm claims to have paid Rs.650/- regularly - Trial Court observed arrears of rent by February 1991 was Rs.1,24,800/- - This would show how many..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 11, 12(3)(b) -- Rent and eviction - Arrear of rent - Declaration suit has resulted in a compromise - Parties have filed before Court consent terms - Despite consent, tenant applied for having standard rent fixed - Said application was dismissed - Trial Court rightly held that application is not..........
