Madhya Pradesh Accommodation Control Act, 1961, Section 23A -- Rent and eviction - Bonafide requirement - Statutory presumptions in respect of bonafide need enumerated in S.23A(a) or S.23A(b) of the Act - However, this does not mean that landlord seeking eviction of special provisions under chapter III-A is exempted from proving essential pre-requisites for earning a..........
Madhya Pradesh Accommodation Control Act, 1961, Section 23A, 23J -- Rent and eviction - Bonafide requirement - Basic pre-requisites for special category of persons enumerated in S.23J of the Act to successfully invoke S.23A(b) of the Act are as follows (i) landlord belongs to one of five categories of persons enumerated u/s.23J of the Act; (ii) landlord owns accommodation;..........
Madhya Pradesh Accommodation Control Act, 1961, Section 23J -- Rent and eviction - Bonafide requirement - Burden of proof - Landlord being owner of accommodation in question and belonging to category of persons enumerated u/s 23J of the Act is required to be established by landlord in accordance with established law of procedure and evidence based on anvil of preponderance..........
Income Tax Act, 1961, Section 261UD(1), Rajasthan Urban Improvement Act, 1959, Section 74(1), 73A, Rajasthan Urban Areas (Sub-Division Reconstitution and Improvements of plots) Rules, 1975, Rule 11 -- Appeal - Against pre-emptive purchase order - High Court directed entitlement of purchaser for refund of amount paid to vendor together @ 6% p.a. - As per Court below fair..........
Income Tax Act, 1961, Section 261UD(1), Rajasthan Urban Improvement Act, 1959, Section 74(1), 73A, Rajasthan Urban Areas (Sub-Division Reconstitution and Improvements of plots) Rules, 1975, Rule 11 -- Intra Court appeal - Against pre-emptive purchase order - Writ jurisdiction - Writ Court cannot act as an appellate Court to examine the legality and correctness of the..........
Adverse possession -- Once plea of adverse possession is raised, it pre-supposes title over suit land of plaintiff - Once title of plaintiff is deemed to be admitted, argument that property is not identifiable falls to ground...........
Criminal Procedure Code, 1973, Section 207, 208 -- Supply of deficient/illegible documents - Proceedings under Prevention of Money Laundering Act (PMLA Act) - Neither S.207 Cr.P.C nor S.208 Cr.P.C can be applied mutatis mutandis to proceedings under PMLA Act - Matter is at the stage of pre-charge consideration and this stage cannot be construed to be a stage of trial -..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Loss of document - Failure or success to prove existence of documents or its loss cannot be pre-determined and that too without providing opportunity - It is only after providing an opportunity to lead secondary evidenced that trial Court can form its opinion regarding existence of documents and circumstances..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused under influence of liquor went to house of his i, laws and quarreled with them - Deceased being a neigbourer intervened while accused was quarreling with his i, laws - Accused inflicted injuries to deceased which resulted in his death - Incident occurred on the spur of moment, without any..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Existence of compromise deed between landlord and tenant for peaceful and vacant possession of land on which staff of tenant were residing - Absence of any pre-condition to clear-off all dues before handing over possession - Workers or staff of tenants have no right to create hindrance in..........
