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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2008
Details

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), Constitution of India, 1950, Article 226, 227 -- Recovery of debt - Petitioner seeking direction to bank to not send goondas to recover balance amount - Failure of defaulter to honour earlier settlement reached before Lok Adalat - Bank denied allegations of..........

DELHI HIGH COURT

Year of decision: 2008
Details

Prevention of Food Adulteration Act, 1954, Section 7, 16, 13(2) -- Paneer stored in freezer in polythene bag having no label declaration - Not conforming to standard - Second part of sample found unfit for carrying test - Third part of sample examined by CFL and found not conforming to standard - Third part of sample sent to CFL after expiry of more than six months from..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Landlord - Owner of property is not deemed to be landlord - In absence of relationship of landlord and tenant owner cannot initiate eviction proceedings...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Denial of relationship of landlord and tenant - Held, mere denial of relationship of landlord and tenant does not oust the jurisdiction of the Rent Controller...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Execution of eviction order - Objections filed by J.D. dismissed and upheld upto Supreme Court - Thereafter petitioner claimed himself to be real tenant filed third party objections stating that he was not bound by the..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Eviction petition - Sub-letting - Comes into existence when tenant inducts a third party/stranger to the rented premises and parts with possession thereof wholly or in part in favour of such third party and puts him in exclusive possession thereof - Landlord, in order to succeed on the ground of..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Sub-letting - Failure to prove the main ingredient of sub-letting as to parting with exclusive possession - Held, at the best it can be said that alleged sub-tenant was a licensee under the tenant which would not entitle the landlord to obtain a decree for eviction on the ground of sub-letting...........

ORISSA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service of summons by process server - Defendant when denies his signatures then testimony of process server alone that it is signatures of defendant is not sufficient - It is imperative for plaintiff to examine some other witness who had witnessed the service made by process server - Exparte..........

ORISSA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service of summons by process server - Signatures denied - Once defendant denies his signatures on summons then he cannot be burdened to say as to whose signature it is - Once defendant denies his signatures then it is for plaintiff to prove the same...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Evidence Act, 1872, Section 13, 40 -- Judgment in previous suit not between the parties - Will in question proved in earlier suit against the natural heirs - Does not require to be proved again - Judgment and decree of the previous suit though not inter parties is admissible in evidence and the Will in question in favour of mortgagors, does not require to be proved again...........

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