East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bona fide requirement - Petition dismissed - Owner transferring shop to his relative - Transferee landlady seeking eviction on the ground of bona fide requirement of her husband - Petition allowed - Appellate authority reversed the decision observing that arrangement/transfer between the original..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlady seeking eviction of tenant from shop on the ground of bona fide requirement of her husband - Husband a hawker engaged in selling bangles - Held, need bonafide - Tenant cannot dictate a landlord as to whether his wishes are bona fide or not in the eventualities of his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Application for ejectment by NRI Landlord - NRI Landlord wishes to settle in India or wishes to establish a business in India - Held, it is not necessary that landlord must permanently settle in India on his return - If the landlord is proved to be NRI owner of the demised property for the last 5 years before..........
Punjab Cooperative Societies Act, 1961, Section 55 -- Election of Board of Directors of Sugar Mill - Nomination papers of respondent rejected by Returning Officer on the ground that proposer had not supplied 85% of bonded sugar cane and proposer was a disqualified person - Held, in the absence of any provision under the Act, Rules or Bye laws, declaring a person to be..........
Punjab Pre-emption Act, 1913, Section 19, Contract Act, 1872, Section 63 -- Waiver of pre-emption right - Notice u/s 19 of Pre-emption Act - Plaintiff filed suit for possession by way of pre-emption - Held, act of plaintiff attesting sale deed, receiving part of sale consideration on behalf of the vendor, was an act, which can lead to only one inference, that plaintiff had..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Consolidation of eviction petitions - Predecessors-in-interest of petitioner created three tenancies by executing three different rent notes in favor of respondent qua one building, although for separate portions - He filed three ejectment petitions seeking eviction of respondents on ground of personal necessity -..........
Punjab Police Rules, 1934, Rule 16 2(1) -- Misconduct - Departmental inquiry - Punishment - Dismissal - Petitioner a Police Constable on guard duty found under influence of liquor during checking - Petitioner had rendered uninterrupted service of 33 years on the date when he was awarded the punishment - It was the first instance of misconduct committed by him - The..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Specified landlord - Bona-fide requirement - Specified landlord can seek eviction of tenant on the ground of bona-fide requirement - There is no distinction between residential and commercial premises in so far as the bona-fide need of landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Specified landlord - Bona-fide requirement - Specified landlord filed composite petition under Section 13 and 13A seeking eviction of tenant on ground of bona-fide requirement - Rent Controller adopted procedure of trial as envisaged under..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Landlord stating on oath that tenant has ceased to occupy tenanted shop and doing no business therein - Landlord discharges its burden of proof - Onus then shifts on tenant to prove that he is still doing business therein by producing accounts book, sales tax registration, income tax..........
