Rent and Eviction -- Ejectment - Agreement of tenancy between parties provided for an adjudication by arbitral process - Plea that lease period has expired and, therefore, agreement cannot be relied on for reference to arbitration - Held, plea liable to be rejected - Arbitral agreement was to resolve any dispute and consequently whether tenant BSNL has a right to continue..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 294(b), 323 -- Conviction - Revision against - High Court without considering evidence on record and without assigning any reason set aside order of conviction passed by first appellate Court - Held, matter remanded back to High Court for decision afresh in accordance with law - Petition allowed...........
Delhi Rent Control Act, 1958, Section 25(b)(8) -- Eviction - Revisional jurisdiction - Exercise of - Held, revision u/s.25B(8) of the Act cannot be regarded as first appeal nor can it be as restricted as revisional jurisdiction u/s.115 CPC - High Court would have jurisdiction to interfere if it is of opinion that there has been gross illegality or material irregularity..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Bona fide requirement - Respondent/landlord required premises for office of son who has passed LLB examination and started his practice and wants to operate his office under guidance of his other family members who are advocates - Factum of his becoming advocate and practicing is not denied by petitioners/tenants..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Bona fide need - Landlord/respondent has undergone bye-pass surgery and became handicap - He is unable to climb up to second floor of another property where he was working earlier - Held, need of landlord bona fide - Eviction proper - Revision dismissed...........
Criminal Procedure Code, 1973, Section 407, 482 -- Transfer of sessions trial without hearing victim - Re-call of order - Victim is an aggrieved person not only in crime, but also in investigation, enquiry, trial, appeal, revision, review and also proceedings by which inherent powers of Court u/s.482 are invoked - Held, transfer of sessions trial without hearing victim is..........
Criminal Procedure Code, 1973, Section 319, 401 -- Summoning of additional accused - Rejection - Validity - Respondents No.2 and 3 sought to be summoned as additional accused alleged to have committed theft of money belonging to complainant along with main accused - Complaint and deposition of complainant reveals that respondents No.2 & 3 along with main accused have..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of marked document - Even when a document is marked as an exhibit, objection to its admissibility can be raised at a later stage or even in appeal or revision if the objection relates to substantive law such as Registration Act or Stamp Act or other specific provision...........
Indian Penal Code, 1860, Section 379 -- Theft - Sentence - Reduction - Accused 21 years old at time of incident - He had no previous criminal record - He remained in custody for 5 months and 27 days - He has faced trial, appeal and revision for last 14 years - Held, sentence reduced to period for which he remained in custody - No change in fine amount - Appeal partly..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction of High Court - After amendment of S.115 CPC, the remedy of revision against interlocutory orders are excluded - However, High Court can interfere with such orders in exercise of its supervisory jurisdiction under Article 227 of Constitution of India over Subordinate courts to do equity and to set at naught..........
