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DELHI HIGH COURT

Year of decision: 2019
Details

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 HIGH COURT

Year of decision: 2019
Details

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 HIGH COURT

Year of decision: 2019
Details

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 HIGH COURT

Year of decision: 2019
Details

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..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - Burden of proof - Initial burden to show that tenant has ceased to occupy building continuously for 12 months is always on landlord -Landlord has to adduce tangible evidence to prove fact that as on date of filing petition, tenant was not occupying building..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Armed Forces Tribunal Act, 2007, Section 14, 15, 3(o) -- Jurisdiction of Tribunal - Service matters - Any matter relating to conditions of service falls within definition of `service matters' u/s 3(o) of the Act and can be subject matter of an application filed before Tribunal...........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14 - - Amendment in S.14 of the Act is purely procedural and thus applicable even in pending cases...........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 20, 3(1)(x), Indian Penal Code, 1860, Section 341, 323, 34 - - Special Court - Order taking cognizance - Jurisdiction to entertain a complaint and to take cognizance of offence under SC/ST Act is exclusively conferred upon Special Court, as provisions of general law empowering..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 26, Rule 10, 12, 14 -- Distinction between Order 26.Rr.10, 12 & 14 - While Commissioner contemplated U.O.26.Rr.10,12 are those appointed during the trial of suit whereas Commissioner U.O.26.R.14 is one appointed after passing a preliminary decree in partition...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - O.14.R.5 CPC empowers Court to frame an issue not only on basis of plaint and written statement but also on basis of material before it after examination U.O.10.R.2 CPC and after hearing parties and their pleaders and thereupon proceed to frame and record issue on which right decision of case appears to..........

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