East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Malafide and dishonest conduct - Litigant not entitled to any accommodation to thwart implementation of legal orders against him - Tenant before Rent Controller concocted a false story that he was in possession of demised shop on basis of some agreement to sell - Even, tenant did not furnish..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 12(1)(b) -- Rent and eviction - Sub-letting - Original tenant was residing in tenanted premises along with his son, brother's son and their families - Inspection report established that no person who was not a member of tenant's family was allowed to occupy premises in his own..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Murder - Prior enmity - PW11 stated that there was enmity between accused and deceased due to illicit relationship between accused and wife of deceased - However, none of witnesses have stated that they have idea about illicit relationship between wife of deceased and accused - Even wife of..........
Criminal Procedure Code, 1973, Section 197, 482 -- Public servant - Sanction for prosecution - Want of sanction - Quashing of proceedings - Application u/s 482 Cr.P.C. is maintainable to quash proceedings which are ex facie bad for want of sanction, frivolous or an abuse of process of Court - If, on the face of complaint, act alleged appears to have a reasonable..........
Rent and Eviction -- Rent deed - Registration - Rent payable monthly - There is presumption that tenancy is monthly tenancy - From cumulative reading of rent note the intention of tenant is more than clear that tenancy was only monthly tenancy, which could have been terminated on default of payment of rent by 5th day of any month or by notice of one month - Rent deed did..........
Rent and eviction -- Waiver of rent - Pandemic situation due to Covid-19 - Landlord entitled to receive rent/consideration in accordance with law as per contractual agreement entered between parties concerned - Court cannot by a general order of the nature sought waive such amount as Court cannot do charity at the cost of others and charity beyond law is an injustice to..........
Rent and eviction -- Non-payment of rent - Whenever a landlord expects eviction of the premises on the basis of non-payment of rent, in such eventuality, the Court has to appreciate proved facts of that particular case...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Specific instances not pleaded or proved - Husband not proved as to when he had come across two respondents in such an adulterous/live-in relationship - Even during cross examination of wife it was not suggested that at some point of time during subsistence of marriage, both the respondents were living..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction petition - Subletting - Seeking of damages for use and occupation charges - No direction can be issued to tenant to pay use and occupation charges for period that stay continued - Further, as possession has already been handed over no relief can be granted to landlord in this application...........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Interim custody of illegitimate child - Petitioner himself admitted that minor child was born not out of a wedlock but out of a romantic relationship between petitioner and mother of child - It is the mother who is the natural guardian of illegitimate minor child - Material on record does not prima facie imply that..........
