East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - Bonafide requirement - Leave to defend - Indian citizenship - Proof of - Any person who is willing to come back to India and who was born or whose parents were in manner defined, will continue to be NRI notwithstanding any assumption of citizenship of foreign country - However,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Landlord required the premises to run a hotel to settle his son - There is a presumption that landlord has bonafide need of the premises in question - It is for the tenant to rebut the same but tenant failed to do so - Merely by saying that landlord is selling one portion, it cannot be invariably held..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Petitioner remained ex-parte on two occasions and provided no valid and sufficient reason to set aside ex-parte decree - If intention of litigant is not bonafide then he is not entitled to indulgence of Court - Order dismissing application calls for no interference...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Public purpose - Land acquired for expansion and systematic development of Tourist Complex including parking area where annual fair of international fame is held - Public purpose for acquisition of land is thus fulfilled - High Court committed error in holding that State has not acted bonafide as earlier..........
Rent and Eviction -- Eviction order on ground of bonafide need - Grant of two years time to vacate - Held, grant of two years time to vacate is not justified in absence of any justifiable cause to prove extreme hardship and further in the absence of any statutory provision or any contract between the parties to that effect...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Landlady required premises for setting up departmental store - She was working in USA and retired from her job - Plea of tenant that landlady has sufficient accommodation available for starting her departmental store in the form of two vacant shops and first and second floor of..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of stolen property - Stolen property in the form of jewels - Photographs of same can be taken by Court and same being attested or counter signed by complainant, accused as well as by person to whom the custody is handed over - Possession of valuable articles should be restored to individual from whom it was taken..........
Transfer of Property Act, 1882, Section 52 -- Bonafide purchaser - Once seller records it title in revenue record and sale is for valuable consideration, then purchaser will be a bonafide purchaser and purchaser has to enquire about the title of seller from the revenue record...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction - Personal necessity - Presumption - If a landlord seeks eviction for commercial purposes, his need should always be presumed as correct, genuine and bonafide...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2) -- Eviction - Re-building - Approval of construction plan is not sine qua none for passing eviction order on the ground of bonafide requirement of construction...........
