Contracts -- Some contracts which are not classic tenancy or lease agreement where premises is occupied and a monthly pre-determined amount paid purely as `Rent' or `Lease amount' manner in which pandemics such as COVID-19 can play out would depend upon nature of contract - In contracts where there is a profit-sharing arrangements or an arrangement for monthly payment on..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32, 56, Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Suspension of payment of rent - Due to COVID-19 lockdown - There is no rent agreement or lease deed between parties and hence S.32 of Contract Act has no applicability - Even, case is governed by provisions of Delhi Rent..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Source of income of vendee - Appellants contended that no source of income for payment of such money was proved - Contention rejected, as vendor never raised noise about non-payment thereof at any time before his death after he executed sale deed...........
Registration Act, 1908, Section 58 -- Sale deed - Inadequacy of sale consideration - Sale consideration clearly visible on first three pages of sale deed - It cannot be said that no consideration was paid or that vendor did not admit to such payment having been received by him - Objection raised by sons of vendor regarding inadequacy of sale consideration rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Allegation that there is huge discrepancies in payment of actual EPF contribution and EPF amount deposited by petitioner's Security agency and many of security guards stated that they have been given less payment - However, these..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20 -- Eviction order - Revisional jurisdiction - High Court while exercising its revisional jurisdiction u/s 20 of the Act is not expected to re-appreciate entire pleadings and evidence on record - High Court is only supposed to examine legality of impugned judgment and order...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide requirement - It is not for tenant to dictate the choice of landlord in deciding his proposed business...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide requirement - Person who projects bonafide need is not expected to give his avocation merely on filing a RCP, and on expectation that he would get an order of eviction in future...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide requirement - Dependency contemplated u/s 11(3) of the Act, does not mean financial dependency alone...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - No specific direction was given to Corporation to regularize the concerned workmen under Departmental Labour System and not to do so under the Direct Payment System - Supreme Court has only affirmed the view taken by Tribunal and Madras High Court - Furthermore, Departmental Labour System is now a dying cadre..........
