Contract Act, 1872, Section 53 -- Reciprocal promise - One party when prevents the other from performing his promise - Sale agreement when provides payment of certain sum as advance and certain sum within one month to enable vendor to purchase an alternative property and sale deed to be executed within three months and vacant possession of premises has to be delivered - If..........
Rent and Eviction -- Sub letting - To prove subletting production of affirmative evidence showing payment of monetary consideration by sub-tenant to the tenant is not necessary - Inference as to subletting can be drawn from proof of delivery of exclusive possession of the premises by tenant to sub-tenant...........
Housing -- Allotment of house - Penal interest - Charging of - Hire Purchase Tenancy Agreement with petitioner on 22.7.1998 - Put in possession of House in June, 1998 - Balance cost of house deposited on 29.7.1999 - Respondent did not claim any interest/penal interest - After more than 10 - 1/2 months after receiving the payment petitioner demanded further sum of Rs...........
Housing -- Allotment of house - Penal interest - Charging of - Hire Purchase Tenancy Agreement with petitioner on 22.07.1998 - Put in possession of House in June, 1998 - Balance cost of house deposited on 29.07.1999 -Respondent did not claim any interest/penal interest - After more than 10-1/ 2 months after receiving the payment petitioner demanded further sum of..........
Delhi Rent Control Act, 1958, Section 3,50 -- Two co-owners - Tenant purchasing share of one co-owner - Tenant cannot raise the plea of determination of tenancy on the ground of merger of his rights in that of share of the undivided estate of landlord, unless that merger is in respect of complete title or interest - It is not open to tenant to challenge maintainability of..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plaintiff not in actual physical possession of suit property - Persons in actual physical possession not applied to court for seeking injunction against defendants - Held, prohibitory injunction cannot be granted to plaintiff...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Revision against - Possession of cheque has been proved and signature is not disputed - Held, respondent/complainant is entitled to presumption u/s 139 of Negotiable Instruments Act - Since it is a rebuttable presumption, the presumption has not been rebutted by the revision petitioner..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution/drawn - Proof - Mere fact that cheque produced in Court came from possession of complainant alone is not sufficient to prove execution, even though it may be one of the circumstances...........
Protection of Women from Domestic Violence Act, 2005, Section 23, 29 -- Interim order - Restoring possession of shared household to wife - Appeal against - Appellate court would interfere with interim order only when order is arbitrary, capricious, perverse or contrary to the settled principles of law regarding grant of interim relief - Appellate court cannot set aside..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - In a suit for declaration in respect of property if a person has no interest or right over the property, he is neither a necessary nor proper party but if he claims to be the owner of the property or otherwise in possession thereto in his own rights, in his absence effective declaration may not be..........
