Delhi Municipal Council Act, 1994, Section 63 -- Annual rent - Basis for fixation - Where building is self-occupied and where there is no sub-lease, annual rent will have to be fixed on the basis what landlord might reasonably expect to get from a hypothetical tenant - However, such fixation has to be made only as per NDMC Act...........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Big chunk of land was sought to be acquired - One part of said land belongs to appellants - Though land acquired for Delhi Metro Rail Corporation project but said land was used for purpose of establishment of a Medical College - Since size of land is only around 1000 sq.yards, no medical college can be..........
Delhi Co-operative Societies Act, 2003, Section 37(1)(b) -- Appointment of Administrator by Registrar of society - Challenge as to - Appointment made on account that total number of members in Managing Committee had fallen below 7 - As per bye-law 24(1), at all times the membership of Managing Committee has to be 7 if not more - Appointment of Administrator, proper...........
Delhi Co-operative Societies Act, 2003, Section 8, 105 -- Power of Registrar to make decision - Petitioner/Society challenging order of Registrar - Order of Registrar directing not to take any major financial or policy decision during time when administrator exercises his powers over the society does not warrant interference...........
Delhi Co-operative Societies Act, 2003, Section 35(3), 35(5), 60(6) -- Election and nomination of members of Managing Committee - End of mandate of Committee - Failure of audit by co-operative society within stipulated time - Directions issued to Registrar to decide within 4 weeks to permit Administrator to continue and oversee elections...........
Delhi School Education Act, 1973, Section 8(1), 8(2), Delhi School Education Rules, 1973, Rule 110 -- Extension of retirement of Principal of CBSE school - Validity - As per R.110(2) of Rules, age of retirement for Principal of recognized private school is 60 years - Chapter IV of the Act except to extent of S.8(2) of the Act, is applicable to un-aided private schools also..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Leave to defend - Question of ownership - Essential ingredients u/s 14(1)(e) of the Act which has to be established and raises a triable issue - Since there is a triable issue raised by tenant, it is a fit case where leave to defend ought to have been given to tenant - Order..........
Delhi Police Act, 1978, Section 47, 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 61, 85 -- Externment order - Merely because petitioner was acquitted in some of the cases and was granted bail in a case involving NDPS Act, that would not be a sufficient ground to hold that order of externment suffer from vice of non-consideration of relevant..........
Delhi Police Act, 1978, Section 53, 116 -- Reduction of sentence - Externment order - Externment order was violated about 6 years ago and that petitioner completed his externment period coupled with fact that he has not been involved in any case - Sufficient mitigating circumstances for Appellate Court to reduce sentence imposed upon petitioner by Trial Court - Sentence of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Applicability to arbitral proceedings - Suit for recovery of possession, arrears of rent - U, registered lease deed - Principles analogous to O.12.R.6 CPC, are equally applicable to arbitration proceedings - There is no dispute between parties as to relationship i.e to landlord and tenant, rate of..........
