Maharashtra Rent Control Act, 2000, Section 34(4) -- Scope of revision - Held, revision application u/s.34(4) of Maharashtra Rent Control Act, 1999 is not maintainable in respect of a procedural order passed under CPC in a suit arising out of Maharashtra Rent Control Act, if such order does not affect rights of parties under said Act or any other substantive law...........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 29(3), Maharashtra Rent Control Act, 2000, Section 34(4), Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Unconditional withdrawal of suit filed under Rent Act - Application for unconditional withdrawal of suit - Rejection of application by trial Court - Revision against - Maintainability - Held,..........
Maharashtra Rent Control Act, 2000, Section 34(4) -- Power of revision - Scope and ambit - Held, after revisional Court is satisfied about maintainability of revision application, it will consider whether impugned order is according to law - However, "according to law" refers to order as a whole, and is not to be equated to errors of law or of fact simpliciter - It refers..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3), 2(i) -- Eviction - Bona fide requirement - Suppression of facts - Eviction of tenant sought on ground that premises required for Pottery business - Existence of another building admitted by landlady in her cross examination - No statement anywhere uttered by her that property in her possession under a demise..........
Wakf Act, 1995, Section 90 -- Suit against Wakf Board - Want of notice u/s.90 - Effect - Held, S.90 of the Act mandates that in every suit or proceedings relating to title or possession of Wakf property or right of Muthavalli or beneficiary, Court or Tribunal shall issue notice to Wakf Board - Admittedly no notice is issued to Wakf Board in present suit - But Wakf Board,..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 401 -- Death by negligence - Reduction of sentence - Applicant has already remained in jail for twenty days - Incident had taken place about 12 years back - No criminal antecedent is there against him - He is about 40 years of age - Fine amount imposed by Courts below has already been deposited -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Granted at the rate of Rs.5,000/- p.m. and the same reduced to Rs.4,000/- by ADJ - Increase of pay of husband during pendency of proceedings - Held, Court can grant maintenance considering enhanced salary of husband from the date of revision in pay scale of husband - In the instant case husband directed to pay..........
Civil Procedure Code, 1908, Section 115 -- Revision - Power u/s 115 CPC is to be exercised only when the subordinate Court exercises a jurisdiction not vested in it by law or fails to exercise a jurisdiction so vested or in the exercise of its jurisdiction it does so illegally or with material irregularity - Errors of facts are not to be corrected u/s 115 and also errors..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Temporary injunction - Shared house-hold - Daughter-i, law of petitioner had already obtained residence order to live in shared house-hold invoking provision u/s.19 of the Act of 2005 - In appeal, impugned residential order has been stayed by appellate..........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Suit dismissed on preliminary issue of limitation - Decree not drawn - Counter claim allowed to be continued - Once the suit is dismissed, the act of drawing the decree is of formal nature and if Court has omitted to draw the decree then Court could be asked to perform its..........
