Rent Control – Sub-Tenancy – Kudikidappu Rights – Petitioner challenged eviction order claiming kudikidappu rights – Original tenant sub-leased property without landlord’s consent – Land Tribunal dismissed kudikidappu application – Concurrent findings by Rent Control Court and Appellate Authority upheld – High Court emphasized limited scope of revisi...
Matrimonial Law - Concealment of Thalassemia Status – Cruelty – Decree of Divorce Upheld – The wife failed to disclose that she was a Thalassemia Minor during premarital discussions, which came to light only when she conceived a child with similar complications – The concealment led to medical and emotional strain in the marital relationship, justifying divorce on grounds o...
Specific Performance – Subsequent Purchaser – Section 19(b) of the Specific Relief Act – The plaintiff sought specific performance of an oral agreement of sale for property subsequently sold to appellants – High Court held that appellants were not bona fide purchasers as they failed to inquire into the rights of the plaintiff, who was in possession – Supreme Court aff...
Medical Termination of Pregnancy – Minor Victim – Section 3, MTP Act, 1971 – The minor victim sought termination of a 24-week and 5-day pregnancy resulting from rape – Expert medical reports indicated risks to her physical and mental health if the pregnancy continued – Court permitted termination, citing risks of grave injury to her well-being under Explanation-2 of S...
Tenancy Law - Landlord-Tenant Relationship – Bonafide Need for Eviction – Section 14(1)(e) of the Delhi Rent Control Act – Landlords sought eviction of tenants/subtenants from premises at Naya Bazar, Delhi-6 for residential and commercial needs – Tenants/subtenants contested the landlord-tenant relationship and asserted lack of bonafide need – Held: Landlord-tenant re...
Date of Birth – Dispute Resolution – Petitioner challenged the order directing completion of pension papers based on the erroneous date of birth – Contention that the correct date of birth is 22.04.1970, making the petitioner only 54 years old – Respondent’s standing order allows for such disputes to be resolved by the Labour Commissioner – Writ petition allowed...
Second Appeal – Substantial Questions of Law – Interpretation of Ownership Rights and Possession – Appellant challenged the decree of mandatory injunction for recovery of possession without a declaration of title – Held: Under Section 100 of CPC, a second appeal lies only if substantial questions of law are involved – No substantial question arises in this case since ...
Civil Procedure – Preliminary Issue – Maintainability of Suit – Petitioner challenged the order deciding the maintainability of the suit as a preliminary issue based on an alleged admission during cross-examination – High Court held that the issue involved mixed questions of fact and law, unsuitable for determination as a preliminary issue under Order XIV, Rule 2 of CPC &nd...
Landlord-Tenant Dispute – Additional Evidence – Petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, for ejectment of the tenant on grounds of non-payment of rent and personal necessity – Landlord sought to lead additional evidence by examining a Director of the company after initially closing its evidence – Tenant opposed, citing that this was an ...
Execution of Promissory Notes – Presumption of Consideration – Section 118(a), Negotiable Instruments Act – Execution and signatures on the promissory notes admitted by the defendants – Trial court erred in rejecting the plaintiff's claim based on minor discrepancies – Held: Execution of the promissory notes and consideration established; burden shifted to the def...