Rajasthan Rent Control Act, 2001, Section 22, Civil Procedure Code, 1908, Section 47 -- Rent and eviction - Objection as to executability of compromise certificate on ground of unfit mental state - Dismissal of application - Tenant entered into compromise with landlord agreeing for his eviction from suit shop on condition of wavier if arrears of rent - Medical certificate..........
Rajasthan Rent Control Act, 2001, Section 22, Transfer of Property Act, 1882, Section 106 -- Eviction petition - Compromise - Appeal by tenant against compromise certificate has been dismissed - Writ petition - Recovery certificate issued by Rent Tribunal on basis of compromise between parties duly attested and verified to its satisfaction without adverting to question as..........
Rajasthan Transparency in Public Procurement Act, 2012, Section 55, Rajasthan Transparency in Public Procurement Rules, 2013, Rule 70(8) -- Tender - Grant of interim order - In the matters of contract, grant of interim order to restrain successful bidders from executing contract is not in public interest, more so, when tender is for shortage of food articles in warehouses..........
Rajasthan Rent Control Act, 2001, Section 21, Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Eviction petition - Amendment of plaint - Amendment sought for is subsequent event and if allowed would not change nature of suit - Rather, it is essential for deciding real controversy involved between parties - Amendment allowed...........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 14(3) -- Rent & Eviction - Premises when let out for commercial or business purpose - Suit does not lie against a tenant on the round of reasonable and bonafide requirement of landlord before expiry of five years from the date the premises were let out to tenant for commercial or business purposes...........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Rent and eviction - Sub-letting - Plea of employer and employee between tenant and sub-tenant - Both parties agree that tenant is permanently residing in Rajasthan - Everyday control of suit property is with tenant - Sub-tenant also admits to be getting paid commission on the gross sales of the business - However, no..........
Rajasthan Pre-emption Act, 1966, Section 5(1)(c), 6(1)(ii), 6(3) -- Right of pre-emption - Plaintiff and defendant no.2 were joint owners in possession of disputed courtyard having half share each - Defendant no.2 sold his house and disputed courtyard to defendant no.1 - Plaintiff has a superior right of pre-emption by virtue of provisions of S.6(3) of Rajasthan..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20 -- Domestic violence - Relatives of husband - No specific allegations as to how relatives of husband have caused acts of domestic violence - It is also not known as to how other relatives who are residents of Gujarat and Rajasthan can be held responsible for award of monetary relief to wife - As there..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 6 -- Amendment of written statement - Dismissal of application - Eviction petition - Landlord passed away, petitioners being close relatives cannot plead ignorance of such fact and justify their inaction particularly when his legal representatives have already come on record - Factum of..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 6 -- Amendment of written statement - Dismissal of application - Eviction petition - Petitioners failed to apply for incorporation of desired amendment for 5 years - Petitioner`s application clearly barred by proviso to O.6.R.17 CPC - Application rightly dismissed...........
