Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Leave to defend - Tenant not to dictate to landlord as to which premises to use to fulfil a bonafide requirement - Once Court is satisfied that requirement cited by a landlord is bonafide it is landlord`s prerogative to seek eviction from a given premises of his choice...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Plea of tenant that landlord was only a co-lessee - Plea held, not tenable as one of co-owners can alone and in his own right file a proceeding for ejectment of a tenant and a tenant cannot question maintainability of proceedings...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 22(3) -- Eviction - Complaint before Tribunal was filed u/s 23 of the Act - However, said complaint was treated to be one u/r 22(3) of the Rules instead of being one u/s 23 of the Act as was supposed to be - Application..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction petition - Subletting - Seeking of damages for use and occupation charges - No direction can be issued to tenant to pay use and occupation charges for period that stay continued - Further, as possession has already been handed over no relief can be granted to landlord in this application...........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32 -- Suspension of payment of rent - Lockdown due to Covid-19 - Force majeure clause - If contract contains a clause providing for some sort of waiver or suspension of rent only then tenant could claim same - Force majeure clause in contract could also be contingency u/s 32 of Contract Act..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 56 -- Doctrine of frustration - Suspension of payment of rent - Lockdown due to Covid-19 - S.56 of the Act would not apply to a lease agreement and other similarly situated contracts which are `executed contracts' and not `executory contracts'...........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32, 56, Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Suspension of payment of rent - Due to COVID-19 lockdown - There is no rent agreement or lease deed between parties and hence S.32 of Contract Act has no applicability - Even, case is governed by provisions of Delhi Rent..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Interim bail - Offence u/s 376 IPC and S.4 of POCSO Act - Bail granted without notice to complainant of FIR - Courts are bound to follow Practice Directions dated 24.09.2019 and directions of high Court as laid down in..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Tenant in possession of tenanted shop - Does not suffice itself to indicate that tenant had not parted with possession of tenanted shop...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Petition u/s 14(1)(e) of the Act filed by landlady on ground of bonafide requirement would only necessarily have to show that landlady has no other suitable accommodation available with her to meet her needs to fulfill parameters of S.14(1)(e) of the Act (as amended)...........
