East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity and non payment of rent - Landlord failed to prove relationship of landlord and tenant - Even, allotment letter does not give any kind of indication regarding ownership of property - Landlord cannot prove original allotment of premises - No evidence on record to indicate..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Notice - Question of service of notice - It is a triable issue - Order quashing proceedings set aside...........
Registration Act, 1908, Section 17, 49 -- U, registered mortgage deed - Collateral purpose - Admissibility - Personal covenant was enforced by plaintiff in unregistered mortgage deed in respect of suit property whereby defendant had agreed to repay amount whenever they demand - Document thus, sought to be used for collateral purpose, trial Court could not have refused to..........
Indian Penal Code, 1860, Section 420 -- Cheating - Circumstantial evidence - Motive - A-1 often used to arrange jobs for people at one plant - Allegation that A-1 knew that he could not arrange employment for deceased but still accepted money from deceased with an intention to cheat them and subsequently murdered deceased in order to avoid repayment - However, no evidence..........
East Punjab Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide need - Remarriage of old aged mother of landlord after death of his father does not debar him to keep her with him in demised premises situated on ground floor nor debars her to live with her son - Thus, in case, landlord needs demised ground floor for bonafide requirement to keep his mother..........
Service -- Participation in disciplinary proceedings - Officer against whose order an appeal has been preferred, cannot participate in the proceedings, where appeal is being decided...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Carbon copies of bills are admissible in evidence - Relevancy of bills need not be seen at length at this stage, as same can be taken into consideration at the time of trial - Court below committed error by going into assumptions that bills were not reflecting business transactions as projected and denied the same to..........
Army Instructions, 1988 -- Para 5(a) - Discharge - Unauthorized absence from service - No explanation given by appellant in reply to show cause notice regarding his absence from duty on seven occasions - Appellant is a habitual offender - Since absence of duty was on several different occasions for which he was imposed punishment of imprisonment, therefore order of..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Deletion of defendant Nos.4 and 5 as parties to suit - Cause of action pleaded against defendants No.4 & 5 - Plaintiff sought a decree against defendants No.4 & 5 - Order as to deletion of defendant Nos.4 & 5 set aside...........
Delhi Rent Control Act, 1958, Section 14(1)(a), Civil Procedure Code, 1908, Order 41, Rule 27, Slum Areas (Improvement and Clearance) Act, 1956 -- Eviction order - Slum area - Plea whether or not property located in a slum area was raised for first time through application U.O.41.R.27 CPC that too at appellate stage, both parties ought to have been given adequate..........
