Punjab Rent Act, 1995, Section 24(3), Evidence Act, 1872, Section 67 -- Eviction - NRI Landlord - Bona fide necessity - Leave to defend - S.67 of Evidence Act has no application at time of deciding question as to whether leave to defend is to be granted to tenant or not - In case, the respondent would fail to prove his "NRI" character before rent controller, during further..........
Punjab Rent Act, 1995, Section 24(3) -- Eviction - NRI Landlord - Bona fide necessity - Leave to defend - Simple challenge of the petitioner to the title of the respondent is not sufficient to grant him leave to defend - Entire burden as on date is upon the landlord to prove his case u/S.24(3) of Act, in which, the petitioner has nothing to contribute - In case, landlord..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are living separately since 2017 and period of 18 months expired on April 2019 - There does not appear to be any likelihood of reconciliation between parties - Wife also expressed her intention to enter into another marriage with NRI - Parties also..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 320, 307, 324, 326, 148, 149, 120B, Arms Act, 1959, Section 25, 27, 54, 59 -- Bail - Murder - Prima facie case is made out against accused (an NRI), as group of persons are seen committing offence using deadly weapons and sticks - Seriousness and gravity of offence can be clearly observed from CD..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Sought that referred documents are fraudulently manufactured by contesting defendant and to add an additional relief of decree of possession - Plaintiff NRI in advanced years of his life - Non inclusion of relief of possession is due to lapse of counsel as plaintiff was wholly dependent upon..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 15(V) -- Eviction petition - NRI landlord - Revisional jurisdiction - NRI landlord cannot be stopped from availing remedy made available by newly added provision merely because decisions in earlier ejectment petitions or because of pendency of ejectment petitions filed earlier under ordinary law - Revision..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Leave to defend - Once claim of landlord had been rejected on an earlier occasion it would have been appropriate if leave to contest should have been granted as a triable issue was being raised...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Leave to defend - Defence of tenant is that requirement of landlord not bonafide and he is interested in increasing the rent - However, landlord in his notice clearly stated that amount of rent was substantially lower than market rent and as such taxes and charges applicable on the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - Bonafide requirement - Leave to defend - Indian citizenship - Proof of - Any person who is willing to come back to India and who was born or whose parents were in manner defined, will continue to be NRI notwithstanding any assumption of citizenship of foreign country - However,..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(dd), 2(ee) -- Leave to defend - NRI landlord - Question arose to whether a foreign citizen can claim to be NRI in pending consideration before Supreme Court - Held, where conditions mentioned u/ss. 2(dd), 2(ee) are fulfilled, every Court is bound to adjudge what is brought for adjudication - Moreover, Rent Act gives..........
