Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave husband as he had second marriage - There is no proof that wife voluntarily deserted husband due to her adulterous conduct - Husband admitted that he is having dhaba house worth Rs.8 to 10 lakhs and he was earning Rs.5,000 to 6,000 p.m. - Maintenance @ Rs.3000 p.m. to wife held,..........
Service -- Retiral benefits - Respondent remained in service of two State Governments and she is alleged to have drawn salary from both the State Governments i.e State of U.P and State of Chhattisgarh for 4 months - Even though respondent's leave application was pending consideration in State of U.P, she on her own went and joined in State of Chhattisgarh and this is..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Plea of tenant is that petition has been filed in trade name and not in the name of tenant - Affidavit filed in support of leave to defend application shows that tenant has not raised this specific plea in affidavit in support of leave to defend application - Even,..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Plea of tenant that landlord fail to disclose cause of action in petition - Perusal of eviction petition clearly show that petition does disclose a cause of action - Even, landlord clearly stated that necessary ingredients as required to be established to seek an..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Merely because eviction petition is filed through son holding a special power of attorney and it states that power of attorney is irrevocable does not imply that any rights have been created in favour of Attorney holder...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Additional accommodation - Merely because it is a case of additional accommodation does not imply that leave to defend has to be granted without any further examination...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Alternative accommodation - Leave to defend - Explanation given by landlord is not on record in these proceedings and accordingly it becomes a matter of trial and it would be appropriate for parties to lead evidence and establish as to whether landlord has any additional alternative..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Leave to appeal - There is material variation in respect of the date when cheque in question was issued - Even, explanation offered by accused u/s 313 of Cr.P.C is regarding misuse of cheque - Prosecution case itself raised serious doubts and therefore, trial Court has rightly extended..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide need - Leave to defend - Shop in black colour is used as garage by son of landlord - Since it is a garage no day-to-day business activity would be carried on from said shop - Application leave to defend rightly dismissed...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Belated counter claim by way of an amendment to original written statement U.O.6.R.17 CPC can be introduced - However, filing of such a counter claim through an amended written statement is subject to leave of Court and not accorded to defendant as a matter of right...........
