Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Bonafide requirement - Condition of tenement in question, even though if it is in a dilapidated condition, it is no more choice of tenant to decide, as to in what manner landlord, would get it renovated or make it habitable to meet his bonafide..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Prima facie material on record that parties have married and they had relationship in the nature of marriage - Wife is unable to maintain herself, as she has no source of income and she is living with her mother who is suffering from serious illness - Husband is a doctor and running..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - False implication - Case rests mainly on testimony of complainant/victim's mother - Accused contended that he had asked to collect rent by DW2 from complainant and there was quarrel between them and due to this complainant falsely implicated him - Contention..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Plea of tenant that if only land is rented, Act of 1949 is not applicable - Plea held, not correct as rented land means any land given on rent separately for the purpose of being used principally for business or trade...........
Rent and eviction -- Dispute qua eviction or tenancy - Reference of dispute to arbitration - In case special statute governing tenancy exists and applicable then Court/Forum under the special statute alone can adjudicate such matters and dispute is non-arbitrable - In case special statute does not apply and parties are governed by Arbitration clause then dispute is..........
Transfer of Property Act, 1882, Section 114, 114A -- Forfeiture/termination of tenancy - Dispute resolving through arbitration - If in arbitration proceedings landlord has sought for an award of ejectment on the ground that lease has been forfeited since tenant has failed to pay rent and breached express condition for payment of rent or such other breach and in such..........
Transfer of Property Act, 1882, Section 114 -- Forfeiture/termination of tenancy - Non-payment of rent - Where lease is determined by forfeiture and lessor sues to eject lessee and, if, at the hearing of suit, lessee pays or tenders to lessor the rent in arrears, S.114 of the Act provides that Court instead of passing a decree for ejectment may pass an order relieving..........
Service -- Retaining quarter beyond specified period - Penal rent is natural consequence - Such penal rent can be adjusted against dues payable including gratuity...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Amount claimed by defendant towards arrears of salary due on account of employment with employer/plaintiff - Cannot be adjusted towards lease rent, as same are independent of liability to pay lease rent - Said claim cannot be mixed or read as counter claim for purposes of O.15.R.5 CPC...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Proceedings under Rent Control Act - Rent Control Court has power to condone delay u/s 5 of Limitation Act...........
