Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Established on record that complainant/respondent had received bearer cheque for consideration in discharge of legal liability and was holder in due course of same - Dishonour of cheque was for reason that account of petitioner/accused did not carry sufficient funds - Burden..........
Delhi Rent Control Act, 1958, Section 25B -- Eviction - Residential requirement - Leave to defend - Eviction petition filed on ground that accommodation available with petitioner/landlady not sufficient to meet her residential requirement - Husband of petitioner retired from CRPF in April, 2005 - Family consists of petitioner, her husband, two sons and, daughter in law and..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, 15, Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction - Ex parte order - Setting aside - Petitioner filed instant revision petition u/Art.227 of Constitution of India whereas his remedy against ex parte order of eviction lies u/s.15 of the Act of 1973..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Surplus area - Revision - Delay of 11 years - Exercise of suo moto powers - Validity - Held, no, fixing of upper limit for exercising suo motu powers will not confer unfettered rights to revisional authority to exercise this power at any moment of time accordingly to his whims - Suo motu powers cannot be..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(i)(i) -- Eviction - Bona fide need - Tenant failed to point out any evidence on record to show that need of landlord was not genuine - Both Courts below recorded concurrent findings that tenanted premises were required by landlords for their bona fide need - Contention that landlords could have filed..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Revision - Complainant admitted factum of compromise between parties vide compromise deed wherein it was mentioned that entire amount of cheque has been received by him - Held, petitioner directed to deposit Rs.10,000/- with Distt. Legal Service Authority for compounding of offence -..........
Land Acquisition Act, 1894, Section 4, 18 -- Acquisition of land - Rental compensation - Held, during pendency of reference proceeding or appeal before Higher Court rental compensation is to be determined on basis of award passed by Land Acquisition Officer - Subsequently, if there is upward revision of amount, consequences will follow and if necessary, re-determination of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Ejectment - Appeal - Additional evidence - Appellate Authority allowed application filed by landlady U.O.41.R.27 CPC for examination of her son as witness - Validity - Appellate Authority itself observed in impugned order that landlady had projected need of her son who was stated to be not keeping good health and had..........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Examination of witnesses - Denial of - Validity - Prayer for tendering affidavits of witnesses declined - Trial Court granted last opportunity to examine remaining evidence - Defendant No.2 literally tried to exhaust plaintiff by cross-examining her attorney PW1 in parts and on a number of occasions - PWs.5 and 6 tendered..........
Court Fees Act, 1870, Section 7(iv)(a) -- Ad valorem court fee - Agricultural land - Suit for possession - Held, for relief of possession, plaintiff has to pay ad valorem court fee on 10 times of land revenue of suit land - Impugned order of trial court directing plaintiff to pay ad valorem court fee on actual market value of suit land is illegal and beyond jurisdiction -..........
