Rent and Eviction -- Compromise - Tenant was to deposit 12,500/- - In case this amount was deposited eviction petition was to be dismissed and in case this amount was not deposited then eviction petition was to be decreed - Tenant deposited this amount - Consent order dismissing petition was passed - In execution of consent order an order was passed that name of tenant be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused was aged around 24 years at the time of incident and now he is 46 years old - He has already suffered the agony of protracted trial, spanning over a period of more than 22 years and he remained incarcerated for some time after passing of judgment - Looking to the long..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Condition to deposit 50% of compensation amount while suspending the sentence is not justified taking into account the purpose and object of S.357 Cr.P.C...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Property in question is mortgaged to bank - Amount of loan remains overdue and action by bank for recovery of same is imminent - It was just and appropriate to order respondents to provide alternative accommodation to petitioner and to vacate the residence order -..........
Rent and Eviction -- Non payment of rent - Forfeiture/determination of tenancy - Tenant for undemonstrated reasons been delaying the payment of rent and/or other dues, payable to the landlord - Assessment of rentals, made by valuer of Rs.41/- per Sq. ft. as submitted by landlord - Keeping in view the location of premises, rent as agreed, alleged non payment of rent,..........
Rent and Eviction -- Non payment of rent - Forfeiture/determination of tenancy - Tenant for undemonstrated reasons been delaying the payment of rent and/or other dues, payable to the landlord - Assessment of rentals, made by valuer of Rs.41/- per Sq. ft. as submitted by landlord - Keeping in view the location of premises, rent as agreed, alleged non payment of rent,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim order of deposit of rent - Trial Court without deciding an application for temporary injunction passed order directing vendee to deposit the rent - It was not appropriate to pass such an order directing vendee to deposit rent after collecting it from tenants particularly when sale deed has..........
Rent and Eviction -- Vacation of premises - Refund of security deposit - Tenant terminated the lease which was made effective from 16.06.2004 but tenant continued to occupy the premises upto 18.06.2006 when the keys were finally handed over to landlady - Landlady filed petition for eviction and recovery of arrears of rent for the period 16.08.2004 till 20.02.2006 after..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Security Interest (Enforcement) Rules, 2002, Rule 8(6), 8(7) -- Auction sale - Setting aside - Mandatory notice of 30 days was not given to the Borrower before holding the auction/sale as admitted by Bank - Setting aside of auction/sale cannot be faulted with -..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition to deposit 20% amount of compensation - No reason is given by appellate Court while imposing condition - Impugned order to the extent of imposing condition set aside - Appellate Court directed to re-consider the same after giving..........
