Possession and Part Performance: Stamp Duty Compliance Is Non-Negotiable, Says Delhi High Court Calcutta High Court Declares Disciplinary Action as ‘Shockingly Disproportionate’, Orders Reduction in Rank for Petitioner No Profits, No Deduction — Section 33AC Must Precede 80-I Calculation in Shipping Tax Disputes: Bombay High Court Equity and Merit Must Coexist: Kerala High Court Rules on Regularisation of Temporary Forest Department Employees Lawyers Have No Right to Strike: Madras High Court in Contempt Case Encroachment is like committing a 'dacoity' against public resources: Delhi High Court. High Court Rejects Plea of Kindergarten School Against ESI Contribution Assessment Kerala High Court Quashes Rape Proceedings Citing 'Humanitarian Consideration' After Accused Marries Victim Procedural Delays Do Not Justify Condonation of Delay," Rules Delhi Consumer Commission in National Insurance Case Elements of Section 300 IPC Are Not Made Out: Rajasthan High Court Quashes Murder Conviction in 1987 Beating Case Registrar Cannot Be a Judge of His Own Cause: Punjab and Haryana High Court Quashes Amendments MP High Court Upholds Prosecution for Forged Patta: 'Accountability in Public Office is Non-Negotiable Approval Must Be Granted for Altruistic Kidney Donations," Rules Madras High Court Grave Illegality in Appellate Remand: High Court of Rajasthan Orders Reassessment on Merits Commissioner Lacked Authority for Retrospective Cancellation: Punjab & Haryana High Court Restores Educational Trusts' Registrations Intent is Crucial in Violent Crimes: Single Blow with Axe Does Not Imply Attempt to Murder," Rules Madhya Pradesh High Court

"RENT LAW" Digest

Rent Law - Eviction for Bona Fide Need - Grandson's Independent Business – Petitioners, tenants, challenged eviction orders based on landlord’s claim of bona fide need for grandson’s independent shop – Held, working with grandfather and being an income tax assessee does not negate right to independent business – Grandson's need for improved status and separate...

Eviction – Bonafide Need – Burden of Proof – Landlord sought eviction for settling son and daughter-in-law, claiming no other business space – Held, landlord’s averments of no other space sufficient, tenants must disprove – No need for landlord to prove non-existence of premises if such situation never existed – Landlord’s silence on rear residential...

Rent Law – NRI Landlord – Leave to Contest – NRI landlord sought eviction for settling permanently in Amritsar – Tenant failed to file an affidavit with the application for leave to contest – Held, leave to contest must follow procedure under Section 38(7) – Rent Authority to examine tenant’s entitlement within limited aspect of Section 24(3) – Tenan...

East Punjab Urban Rent Restriction Act, 1949 - Interpretation of 'building' and 'basic amenity' - Revision against interim direction to open locked bathroom - Held, bathroom/toilet considered as basic amenity essential for tenant's use notwithstanding its omission from the rent deed.   Basic Amenities - Tenant's Right to Use Bathroom - Analysis - Held: Notwithsta...

East Punjab Urban Rent Restriction Act, 1949 - Assessment of Provisional Rent - Rent Controller’s duty to assess provisional rent upon tenant's request - Tenant requested provisional rent assessment at the first appearance - Rent Controller failed to assess rent and dismissed the petition on the ground of non-payment - Appellate authority ordered eviction - Held, Rent Controller is oblig...

Rent Law – Bona Fide Requirement – Conversion from Residential to Non-Residential Use – Petitioners sought eviction of tenants for bona fide requirement of non-residential use – Rent Controller and Appellate Authority dismissed petitions on grounds that residential premises let out for residential use cannot be evicted for non-residential use – Held, word “resid...

Rent Control Law – Execution of Ejectment Order – Stay of Proceedings – Respondent-landlord filed a rent petition under Section 13-A, claiming he became the owner by a sale deed and required the premises for personal use after retirement – Rent Controller declined tenant’s leave to defend and ordered ejectment – Tenant's revision and SLP dismissed – Te...

Rent Law – Eviction – Valid Service of Petition – Revision petition challenging eviction order under Section 13-B of the East Punjab Rent Restriction Act, 1949 – Tenant contended that petition was served without accompanying documents – Lower court ordered eviction without ensuring documents were served – High Court holds that valid service under Section 18-A re...

Eviction Proceedings – Non-Service of Summons Contested – Petitioner challenges eviction under Section 14(1)€ of the Delhi Rent Control Act, asserting improper service of summons – Respondent asserts summons were served through multiple modes including registered post and publication – High Court finds no infirmity in the service process – Service deemed proper d...

Rent Control – Eviction under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 – Tenant's failure to pay admitted arrears of rent within specified timeframes – Challenge to the order of eviction – Opportunity to show sufficient cause before passing an order under Section 12(3) – Principles of natural justice emphasized. [Para 9] Eviction...