Land Acquisition – Valuation of Land – Belting System – Uniform Rate Justified – Acquisition of 38 bighas of compact land in village Jwalapur, District Haridwar for housing scheme – Collector classified lands into three belts, awarding ₹26.25, ₹17.50, and ₹13.12 per sq.ft. respectively – Reference Court reduced to two belts; High Court discarded belting sy...
Landlord and Tenant – U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Ejectment and arrears of rent – Petitioner (tenant) challenged title of landlords and alleged fraudulent transfer of property – Held: Small Cause Court rightly refused to frame issues on ownership or title – Under Section 23 of Provincial Small Cause Courts Act, 1887, Sma...
Murder and attempt to murder - Homicide – Proof of Weapon/Manner – Necessity of Expert Evidence – Gap in Prosecution Case – The prosecution alleged two close-range firearm shots by two assailants (gun and rifle). Medical evidence disclosed puzzling wound patterns; ballistics opinion was inconclusive (no test-fire or comparison) – Held: In firearm deaths, prosecution m...
Rent Control – Bonafide Requirement – Non-Residential Premises – Interpretation of “Own Use” – Section 13(3)(a)(ii) – Landlord sought eviction on grounds of personal use by his son who had become owner via family partition – High Court reversed eviction on ground that personal need was pleaded only for son, not father (original landlord) – Held...
Delhi Rent Control Act – Constitutionality of Section 14(1)(e) – Bona fide requirement – Discrimination between residential and non-residential premises – Section 14(1)(e) held partly unconstitutional – The classification restricting landlord’s right of eviction to residential premises only held violative of Article 14 – Provision read down to apply unifor...
Delhi Rent Control – Constitutionality of Section 14(1)(e) – Article 14 – Discrimination between Residential and Non-Residential Premises – Partly Struck Down – Section 14(1)(e) of the Delhi Rent Control Act, 1958, which confined landlord’s right of eviction on bona fide requirement to residential premises, held unconstitutional under Article 14 – Classifi...
Rent Control – Subletting – Exclusive Possession – Tenant Subletting Portion of Premises to Relatives Without Written Consent of Landlord – Held: Subletting Proved – Eviction Under Section 14(1)(b) of Delhi Rent Control Act Justified – Appellant No. 1 inducted as tenant in 1956 – Rent receipts in name of M/s Mitra Book Depot – Subsequent businesses r...
Tenancy Law - Delhi Rent Control Act – Section 15(7) – Striking off Defence – Judicial Discretion – Scope – Tenant directed under Section 15(1) to deposit arrears and future rent – Pleaded that rent was sent by cheques but led no evidence – Rent Controller struck off defence – Tribunal modified order granting indulgence on deposit with penalty &ndash...
Civil Law - Lease Cancellation – Breach of Payment Schedule – Rules 12(3) and 22(3) of Chandigarh Leasehold Rules – Petition Dismissed with Conditional Relief - The petitioner challenged the cancellation of lease of a semi-industrial plot for non-payment of installments as per the auction terms – Despite repeated extensions by the Estate Officer, Appellate and Revisional Au...
Tenancy Law - Eviction Suit – Licence or Tenancy – Agreement of 1976 styled as licence but conferred exclusive possession with rights to construct, install utilities and renew – Held tenancy in disguise attracting West Bengal Premises Tenancy Act, 1956 – Eviction decree without notice under Section 13(6) or grounds under Section 13(1) invalid – High Court rightly exer...