Arbitration and Conciliation Act, 1996, Section 2, 14, 20, 31(4), 42 -- Arbitral proceedings - Juridical Seat - Whenever there is designation of a place of arbitration in arbitration clause as being "venue" of arbitration proceedings, expression "arbitration proceedings" would make it clear that "venue" is really "seat" of arbitral proceedings, as expression does not..........
Arbitration and Conciliation Act, 1996, Section 2, 14, 20, 31(4), 34, 37, 42 -- Arbitral proceedings - Juridical Seat - Place `D' is specifically designated to be seat of arbitration in arbitration clause between parties - Part of cause of action, however, arise in several place, including where contract is partially to be performed - Proceedings were finally held at place..........
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..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Co-owners - Maintainability of petition - Bonafide necessity - Eviction petition is maintainable by one of co-owners and landlord does not have to prove absolute ownership but has to show a better title - Thus, eviction petition is maintainable - Further, need as projected by landlord is bonafide and..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - Business of tenant in premises can only be carried out in case necessary returns under sales Tax/VAT as were required at that time have been filed - However, no reliance placed on electricity bills or statements of witnesses from electricity board or oral..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - In order to come to conclusion as to whether tenant has ceased to occupy premises 12 months prior to filing of eviction petition, one would essentially be required to discuss evidence that was led by parties not only at time when issues were framed by Rent..........
