Tenancy Law - Eviction on Grounds of Unauthorized Construction – Permanent Structure Requirement – Section 13(1)(b) of the Bombay Rent Act – Eviction Order Restored - The plaintiff sought eviction based on unauthorized constructions by the tenant, including a toilet, storeroom, and shed, allegedly made without landlord consent. The trial court decreed eviction, but the appellate ...
Fraud Classification – RBI Master Circular – Natural Justice – The petitioner company sought to quash PNB's action of declaring its account as 'fraud' without prior notice or hearing – The court held that the declaration of the petitioner's account as fraud, without following the principles of natural justice, violated RBI guidelines – Held: The petiti...
Civil Procedure – Rejection of Plaint – Order VII, Rule 11 of CPC – Court directed the plaintiff to correct the valuation and deposit the requisite court fee – Held, objections regarding insufficiency of court fee must be decided before proceeding with other issues in the suit – Revision petition dismissed as court found no illegality in the order directing the paymen...
Civil Law – Specific Performance – Rejection of Plaintiffs' Claim – Appellants (Defendant Nos. 9 to 11) were bona fide purchasers of property after executing a valid sale deed with all co-owners, including the sisters (Defendant Nos. 6 to 8) – Plaintiffs (Respondent Nos. 1 and 2) had earlier entered into an agreement for the same property with only two co-owners without...
Eviction Notice – Validity and Service – Plaintiff issued an eviction notice dated 18.06.1994, which was returned with the postal endorsement “refused” on 07.07.1994. The court below held that the notice did not comply with the statutory requirement of one month’s notice expiring with the month of tenancy, as the notice period fell short by eight days. The High Court,...
Rent Control – Eviction – Jurisdiction – Respondent filed for eviction due to non-payment of rent and personal necessity. The petitioner claimed ownership based on an unregistered sale deed, disputing tenant status and jurisdiction under the Rent Control Act. Rent Controller and Appellate Court held in favor of the respondent, affirming tenancy and non-payment of rent, rejecting ...
Execution of Order – Mortgage Deed – Section 83 TP Act – Petition for quashing order rejecting objection against execution of mortgage deed – High Court upheld execution order, emphasizing that absence of decree does not bar execution – Order dated 30.06.1987 considered executable despite procedural technicalities – Execution to proceed in favor of respondents [...
Administrative Law – Doctrine of Pleasure – Petitioner removed from Chairman position before term completion – Claimed removal was arbitrary and without valid reason – Court found statutory provision allowing removal at Government's pleasure but emphasized requirement for valid reasons and non-arbitrary exercise of power – Noted lack of specific allegations agains...
Civil Law - Co-Tenancy Rights – Uttar Pradesh Consolidation of Holdings Act, 1953 – Share of Land Modified – The appellants challenged the order allotting them a reduced share in Khata Nos. 98 and 99 – Held: The High Court correctly found that principles of Hindu law could not be applied to determine shares among Mohammedan parties – The appellants are entitled to onl...
Electricity Law - Unauthorized Use of Electricity - Assessment Period under Section 126(5) – The appellant, Secretary of the Trichur Tennis Trust, disputed a final assessment made under Section 126 of the Electricity Act, 2003, for unauthorized electricity usage due to additional load without sanction. The Court clarified that under Section 126(5), if the start date of unauthorized use is un...