Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5(1) -- Eviction - Unauthorized occupant - Admitted case of petitioner that lease was only for a period of five years and lease was not extended - Held, merely because on representation filed by petitioner, superior authority, had asked respondent to consider case of petitioner for renewal of lease,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easements Act, 1882, Section 52 -- Ad interim injunction - Licensee - In case of a license, if the licensor revokes the licence, the licensee is left with no legal right in the property and is, therefore, not entitled to temporary or permanent injunction against the licensor...........
Suit for possession -- Licensee - Respondent put in possession as licensee being an employee of sister concern - Sister concern not a necessary and proper party - Legal notice dated 29th May, 2007, issued terminating licence - Respondent has no right to retain possession of suit property - Status of respondent was that of an unauthorized occupant of the suit property -..........
Civil Procedure Code, 1908, Order 32, Rule 17 -- Compromise by next friend or guardian of minor - Recalling of - When Court passed compromise decree it has made reference to the fact that it recorded statement of mother - Full compliance of statutory legal requirements while passing compromise decree - Held, compromise decree cannot be assailed on ground that it had not..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4a), 7 -- Eviction - Revisional jurisdiction - Exercise of - Evidence on record shows that land in dispute is occupied by private respondents' houses and garage - Findings recorded by Assistant Collector and Collector that land in dispute is vacant are incorrect - Held, if finding of fact is not based upon..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21(2), 42 - - Order altering alignment of path - Non-impleadment of right holders - Petitioner's vendor, instead of impleading proprietors, impleaded "Jumla Mushtarka Malkan" as a party - Words "Jumla Mushtarka Malkan" denote right holders of village as whole - Words "Jumla Mushtarka..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complaint u/s 138 of the Act - Presumption u/s 139 of the Act is in favour of holder of cheque having been issued by account holder in discharge of legal liability - It is for person issuing cheque to prove it otherwise...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 7 -- Eviction - Non-payment of rent - Rent is a matter of agreement or consent between parties - It can be varied or enhanced bilaterally only by novation of old contract or agreement by executing a new one - Merely because petitioner/tenant agreed to increase rent from Rs.75/- to Rs.150/- P.M...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application to bring LR on record - Delay of 1216 days - Condonation - Petitioner No.1 stated that plaintiff No.2 died due to illness - Petitioner No.1 was not doing well and was unable to move due to his illness - On account of his ignorance and illness, he could not intimate death of..........
Criminal Procedure Code, 1973, Section 167(2) -- Police custody - Grant of - Police custody granted for investigation in different crimes other than the crime in which accused was arrested and remanded - Held, there is no legal bar for granting police custody for investigation in different crimes other than the crime in which accused was arrested and remanded if..........
