East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Leave to defend - Defence of tenant is that requirement of landlord not bonafide and he is interested in increasing the rent - However, landlord in his notice clearly stated that amount of rent was substantially lower than market rent and as such taxes and charges applicable on the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 20, Rule 12 -- Eviction decree - Mesne profits - Unlawful occupant - Once a decree of eviction is passed, tenant becomes an unlawful occupant and therefore, any contract between parties also comes to an end - Consequently, lease deed or escalation clause herein would not be..........
Punjab Tenancy Act, 1887, Section 59 -- Gair marusi rights - Right to succession of occupancy tenant is strictly to male lineal descendants only - Since daughter is not an heir to such tenancy, occupancy rights cannot devolve upon any female member in the family...........
Representation of the Peoples Act, 1951, Section 5(a) -- Election - Scheduled caste reserve constituency - Appellant originally belong to "Doom" (Marasi) community and was issued a caste certificate as he was found to be member of "Doom" community by competent authority - "Doom' in Punjab is a Scheduled Caste - Though subsequently appellant embraced Sikhism but certificate..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Eviction - Sub-letting - Plea of establishment of business through partnership by tenant - Tenant contended that he had not sub-let the suit premises, in fact, he entered into partnership with petitioner no.2, who was running a business in premises - However, statement of tenant that he was getting..........
Service -- Appointment of Law Officers - No procedure for selecting practising advocates for appointment as law officers has been prescribed in the States of Punjab and Haryana - No Selection or Search Committee is constituted - States cannot in discharge of their public duty and power to select and appoint State - In the absence of any statutory provisions regulating..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Punjab Police Rules, 1934, Rule 22.18, 27.18 -- Recovery of 7.5 kg poppy husk - Nothing on record which shows that Rules of 1934 were followed while producing case property in Court and on returning the same - Search and seizure held, doubtful - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7.5 kg poppy husk - Case property produced in Court but person who brought the case property from malkhana to Court not examined - Entry in malkhana register to effect that who has taken the property to Court, is necessary as per Punjab Police Rules, 1934 as applicable to State of H.P - It..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction u/s 138 of the Act - Matter settled and liability discharged - Moreover, accused deposited 15% of cheque amount with Punjab State Legal Services Authority - Amount of Rs.25,000/- which is already deposited by accused with registry in compliance of order shall..........
Civil Procedure Code, 1908, Order 1, Rule 10, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Impleadment of party - Plea of applicant that property was rented out to two brothers whereas eviction petition is filed against only one - Application to seek impleadment filed two years after ejectment petition was filed and at a stage where landlord had..........
