Insolvency and Bankruptcy Code, 2016, Section 43(2), 45, 66 -- `Preferential transactions and relevant time' - Mortgage of property to creditor - JAL (Jaiprakash Associates Limited) owned 71.64% of shares of JIL (Jaypee Infratech Limited) - JIL was declared NPA by LIC and by some of its other lenders - IDBI Bank Limited instituted petition u/S.7 of IBC before NCLT, seeking..........
Delhi Rent Control Act, 1958, Section 14(1)(j) -- Rent and eviction - Substantial damage to suit property - As per tenant, windows were opened with consent of landlord - However, evidence points contrary as site plan was admitted and no evidence was led to show as to how the landlord has consented to changes that were effected in suit property - Eviction upheld...........
Delhi Rent Control Act, 1958, Section 14(1)(a) -- Rent and eviction - Non-payment of rent - Tenant failed to produce bank account statement/passbook to show payment of rent - Eviction upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Amendment sought to incorporate relief of mesne profits and damages - Trial Court allowed amendment and returned plaint to plaintiff for filing of same before appropriate Court having pecuniary/territorial jurisdiction to try and dispose of the suit - To refuse amendment to include prayer..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Shop demolished after filing of suit - Shop whether demolished prior to filing of suit or demolished after filing of suit has to be determined and amendment cannot be declined on the assumption that shop stood demolished before filing of suit - Amendment allowed - Order..........
Civil Procedure Code, 1908, Order 16, Rule 6, Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 18, Rule 17 -- Production of documents and recall of witnesses for further cross examination - Proper reasons not assigned - Not stated in application as to what is the relevancy of documents to be produced - Not stated as to why witnesses are..........
Criminal Procedure Code, 1973, Section 125, 362 -- Maintenance - Parties settled the matter amicably - Maintenance petition disposed of - Recall of order as respondent did not honour its commitment under settlement - Order reviving maintenance application - Order passed is not hit by S.362 Cr.P.C. - Rejection of application, by High Court, filed by husband u/s 482 Cr.P.C...........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction - Sub-letting - Three companies functioning from tenanted premises - Two of the companies were incorporated by third person - Tenant became directors in company a few years after incorporation - Companies had their registered office in the tenanted premises since inception - Exact share holding of these directors..........
Indian Penal Code, 1860, Section 376(1), 450 -- Rape - Affidavit filed by prosecutrix in Court stating that she had lodged case against accused under pressure, cannot be relied upon in view of statements of prosecutrix herself, her husband and her daughter - Conviction upheld...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Certificates Exh.14 & 15 as well as evidence of husband himself staying at different places with wife for a certain period clearly proves their relations as husband and wife - Wife was deserted by husband by giving mental as well as physical cruelty - Award of maintenance of..........
