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Practice and Procedure – Judicial propriety –  General observations by High Court deprecated

Tenancy Act –   Fact constituting landlord tenant relationship, therefore, is a jurisdictional fact and not a mere fact and as such High Court, in exercise of revisional jurisdiction Under Section 115 of the Code of Civil Procedure, is duty bound to examine the same.

Sarfaesi – No proceeding U/s 13(4) – Writ maintainable – Overcharging of interest by Bank – Sarfaesi set aside – NPA could not be continued if account was regularised. [2022 PLRonline 0594]

SC issues notice to RBI a. qua handing over of loan documents  b. change in RATE OF INTEREST applicable to loans  c. furnishing yearly STATEMENT OF ACCOUNTS to account holders

CrPC S. 391, 311 – NIA S. 138 – Leading additional defence evidence and re-calling the respondent/complainant for cross-examination. [2019 PLRonline 3507]

MVA – Criminal case  – Acquittal in a criminal case – Effect on claim petition

Decree – Setting aside exparte decree – Knowledge – applicant must have knowledge not merely that a decree has been passed by some Court against him, but that a particular decree has been passed to against him in a particular Court in favour of a particular person for a particular sum. [1967 PLRonline 0001 (SC)]

Companies Act, 1956 Section 81 , 441, 629A  – Tribunal (NCLT) has all the powers to compound all the offences irrespective of any pecuniary limit. [2023 PLRonline 0112]

SARFAESI – High Court u/s 482 Cr.P.C can not quash Order passed under S. 14 of the SARFAESI ACT – Any remedy against such order can be availed only under the SARFAESI ACT, 2002. [SupremeCourtOnline 456603]

Right to Information Act – Duty of public authorities – Direct that the Central Information Commission and the State Information Commissions – Shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time.

IPC S. 498A   – Cruelty – Non-providing of proper medical aid is cruelty. [ 2023 PLRonline 419673]

Banking – Forged DD – Liability of person presenting the same – Plaintiff Bank  has passed the Demand Daft being received by way of collection by another bank – U/s 72 of the Contract Act, person receiving proceeds from forged draft liable to refund the money to the bank . [ID 317402]

NIA S. 148 – CrPC S. 389 – Condition of deposit when an accused applies for suspension of sentence under Section 389 – Typically, the accused applies for relief without any conditions – If a blanket order is sought, the court must determine if the case falls under the exception of Section 148 – Impugned orders have been set aside. [(2023-3)211 PLR 260 (SC)]

MVA S. 163-A – U/s 163-A compensation is payable to a third party only – Deceased borrower of the vehicle cannot be considered a third party – Allowed Additional Personal Accident Cover as premium was paid. [(2023-3)211 PLR 228]

Service Matter – Uttar Pradesh Subordinate Offices Ministerial Group “C” Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 – Promotion. [ 2023 SCeJ 0336]

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 Partition – Instrument of  -  Registration – Oral partition  - It is well-settled that while an instrument of partition which operates or is intended to operate as a declared volition constituting or severing ownership and causes a change of legal relation to the property divided amongst the parties to it, requires registration u/s 17(1)(b) of the Act, a writing which merely recites that there has in time past been a partition, is not a declaration of will, but a mere statement of fact, and it does not require registration.

TPA . S. 109 - After the transfer of lessor's right in favour of the transferee, the latter gets all rights and liabilities of the lessor in respect of subsisting tenancy - The Section does not insist that transfer will take effect only when the tenant attorns

Home Tenancy and Rent Act

Tenancy Act –   Fact constituting landlord tenant relationship, therefore, is a jurisdictional fact and not a mere fact and as such High Court, in exercise of revisional jurisdiction Under Section 115 of the Code of Civil Procedure, is duty bound to examine the same.

by Punjab Law Reporter
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Tenancy Act –   Fact constituting landlord tenant relationship, therefore, is a jurisdictional fact and not a mere fact and as such High Court, in exercise of revisional jurisdiction Under Section 115 of the Code of Civil Procedure, is duty bound to examine – Assam Urban Areas Rent Control Act, 1972 S. 5 – Unlike general law governing tenancy, this Act confers a statutory status on tenant and on attainment of such status a tenant earns protection guaranteed Under Section 5 of this Act – No tenant under this Act can be evicted without a decree of Court –  The landlord, therefore, is duty bound to obtain a decree from court by establishing the conditions precedent laid down Under Section 5 referred to above – The foundation of such a suit is relationship of landlord and tenant – The fact that there exists a relationship of landlord and tenant between the parties is the starting point for conferring jurisdiction on a court to entertain and decide the dispute –  Such fact constituting landlord tenant relationship, therefore, is a jurisdictional fact and not a mere fact and as such High Court, in exercise of revisional jurisdiction Under Section 115 of the Code of Civil Procedure, is duty bound to examine as to whether such a finding arrived at by the learned Court or Courts below is tenable and/or based on materials on record – Assam Urban Areas Rent Control Act, 1972 S. 5 – Transfer of Property Act, 1882 , Section 109  

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Tags: Assam Urban Areas Rent Control Act, Tenancy - landlord tenant relationship, TPA S. 109
Tags: Assam Urban Areas Rent Control ActTenancy - landlord tenant relationshipTPA S. 109

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