Tender -- Supply of sports kits to Government Schools - Tender condition has the effect of excluding bidders who though otherwise financially sound and technically competent, have no experience of supply of sports goods to State Government agencies in past three years - State by linking eligibility criteria with past local supplies has created an artificial barrier..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - On ground of cease to occupy of premises - Shop closed continuously for period of four months without any sufficient and reasonable cause - Both Courts below rendered concurrent findings of fact on a correct appreciation of evidence on record - Eviction order upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord having sufficient funds and that he can earn reasonable interest from his retiral benefits besides not having any financial liability - Does not make his requirement whimsical or not genuine...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Suit for eviction - Recovery of rent and damages - Ground of ceasing to occupy demised premises - As per evidence on record electricity bill was last paid in year 2001, then in subsequent years electric and water connections were removed - Premises were unoccupied by tenant till the date of filing of suit..........
Constitution of India, 1950, Article 19(1)(g), Private Security Agencies (Regulation) Act, 2005, Section 13(1)(k), Private Security Agencies Central Model Rules, 2006, Rule 5(7), 5(9), Maharashtra Private Security Agencies (Regulations) Rules, 2007, Rule 4 - - Private security agency - Cancellation of licence - On the ground of repeated instance of gross negligence -..........
Constitution of India, 1950, Article 14, 19(1)(g), 226, Customs Act, 1962, Section 141, 157, Customs Areas Regulations, 2009 -- Constitutional validity of Handling of Cargo u/Regn.6(1)(1) of Regulations - Plea that Cargo Regulations violates Arts.14, 19(1)(g) of Constitution as it put blanket ban on demurrage charged by the custodian of goods in case of detention,..........
Constitution of India, 1950, Article 14, 19(1)(g), Advocates Act, 1961, Section 30, 34(1), 16(2), Allahabad High Court Rules, 1952, Rule 3, 3A -- Constitutional validity of Rr.3, 3A of Chp XXIV of Rules - On ground that it puts unreasonable restriction on petitioner`s right to practice as advocate and also violative of S.30 of Advocates Act - Rules put bar on Advocate who..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 20, Rule 12 -- Eviction decree - Mesne profits - Unlawful occupant - Once a decree of eviction is passed, tenant becomes an unlawful occupant and therefore, any contract between parties also comes to an end - Consequently, lease deed or escalation clause herein would not be..........
Evidence Act, 1872, Section 148 -- Cross examination - Court would not be justified in imposing restrictions in cross examination of witness - However, it may impose restriction in the course of trial if it comes to a conclusion that some of cross examination was unnecessary - Court has powers to control the cross examination of a witness - Such power has to be exercised..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Determination of mesne profits - Admissibility of lease agreement is not required to be determined for the purpose of assessing mesne profits especially when Rent Controller had passed ejectment order against tenant - Assessment of mesne profits and compensation is certainly a work of reasonable..........
