Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Computation of income of spouse - Deductions - Deductions such as house rent, electricity charges, repayment of personal loans, premiums towards life insurance, or EMIs for voluntary borrowings do not qualify as legitimate deductions for this purpose - These are considered to be voluntary financial..........
Transfer of Property Act, 1882, Section 106 -- Lease - Termination - Failure to vacate premises by tenant - Damages - Damages would come into effect only after expiry of tenancy period i.e. after 7 years in terms of Rent agreement - Thus, damages per day from date of filing of suit may not be sustainable - Tenant shall pay sum of Rs.1,25,000 as monthly rent for remaining..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Application should be moved on the first hearing - Since tenant was obligated to pay rent through pendency of proceedings as such an application U.O.15.R.5 CPC would be maintainable even at a belated stage...........
Rent and Eviction -- Bonafide requirement - Bona fide requirement for occupation of landlord includes the requirement of family members...........
Rent and Eviction -- Bonafide requirement - Landlord died during pendency of proceedings - In the absence of any denial to facts that son of landlord is crippled and has no other source of income or any other business, his need is clearly established - Moreover, tenants who own several businesses have managed to cling on the premises for last 63 years even after expiry of..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Specific date of eviction not proved by plaintiff - Plaintiff had to prove specific date of his eviction as to when he was evicted - He contended that he was not residing there and he had paid rent since 1987 - Trial Court wrongly concluded that plaintiff was evicted six months before filing of..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Court ought to have assessed the rent in rent proceedings and same not contemplated as per provisions of O.15.R.5 CPC...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Default in payment of rent - Once lease agreements were admitted by defendant/tenant as was relationship of landlord and tenant, defendant could have deposited rent - However, despite being given sufficient opportunities to defendant, he categorically refused to pay the amount - Defence rightly struck..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques in question issued towards refund of security deposit to the tune of Rs.9,00,000 made by complainant when he had taken flat owned by accused on rent - However, complainant continued to occupy subject flat for a period of nearly 5 years beyond the last date of rent agreement without paying any..........
Rent and Eviction -- Default in payment of rent - When there is no conclusion recorded regarding default, there could not have been an eviction order...........
