Limitation Act, 1963, Section 5, 29, Himachal Pradesh Value Added Tax Act, 2005, Section 48 -- Applicability of provision of S.5 of Limitation Act for condoning limitation u/s 48 of 2005 Act - Provisions of S.5 of limitation Act are applicable to S.48 of 2005 Act, as they are not expressly excluded by provisions under 2005 Act...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 26, Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections - Dismissal of application - Eviction decree - Petitioner resisting execution of decree by way of said application by taking up a ground which was not his defence before Rent Controller - Executing Court rightly held that..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Himachal Pradesh Urban Rent Control Act, 1987, Section 26 -- Execution petition - Striking of issue - Maintainability - No necessity for executing Court to go beyond mandate of compromise decree nor executing Court was enjoined to strike any issues vis-a-vis readiness or willingness or otherwise of each of contesting..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Rent and eviction - Bonafide requirement for carrying out re-building and reconstruction - Landlord duly proved on record his sanction plan - Even, there is no dispute that landlord has necessary means for carrying out construction - Moreover, in present era of liberalised economy it is not very difficult to..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 11(3) -- Eviction petition - Electricity supply disconnected by landlord without any just and sufficient cause - Even though there appears to be some dispute regarding rate of rent but that by itself was not sufficient ground and could not have been made basis for landlord to disconnect electricity supply to premises..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 11(3) -- Eviction petition - Disconnection of electricity supply - Electricity supply was disconnected on the ground that tenant failed to pay electricity charges - Even this fact by itself would not be a sufficient ground to disconnect electricity supply more particularly when it is proved on record that there is..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Arrears of rent and cease to occupy - Mere fact that tenant has capacity to pay rent to landlord in itself will not confer a right upon the tenant to retain the demised premises indefinitely especially when he has ceased to occupy the same continuously for a period of 12 months and thereby..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(a)(i) -- Rent and eviction - Bonafide requirement - Son intended to settle his business of readymade garments by shifting same business from Mexico - Admittedly, landlord is a senior citizen aged about 83 years and thus require someone to look after him and his property - Son specifically stated that after..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(a)(i) -- Rent and eviction - Bonafide requirement - Eviction can be sought by landlord for settling his son u/s 14(3)(a)(I) of the Act even if same is not covered u/s 14(3)(d) of the Act...........
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..........
