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Tenancy – Bona fine need – It is not for the tenant to dictate how much space is adequate for the proposed business venture or to suggest that the available space with the landlord will be adequate

CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

Criminal trial – Dying declaration – Fail to understand as to how the same dying declaration could have been made basis for conviction of the appellant when the same was disbelieved insofar as another accused is concerned. [2023 SCeJ 387]

[SC] CrPC S. 167(2) – Whether accused is entitled to seek default bail under provisions of section 167(2) of Code of Criminal Procedure, 1973 on ground that a chargesheet filed without sanction is an incomplete chargesheet which could be termed as not in consonance with sub section (5) of section 173 of the CrPC, 1973?

Municipal Corporation Act, 1976, Section 114-A – Khata – Cancellation of – By commissioner – Communication quashed due to a breach of natural justice. [2021 PLRonline 5205 (Kar.)]

CPA , 1986 – Definition of ‘consumer’ includes ‘consumers’ – Joint complaint by multiple consumers need not be filed in representative capacity – Will include multiple consumers . [2023 SCeJ 345 , 2023 PLRonline 0115 (SC), (2023-3)211 PLR 458 (SC) (SN)]

[SC] Motor Vehicles Act, 1988, Sections 166 and 163A – Death of a housewife in Motor accidents – Assessment of compensation. [PLRonline 311301]

Legal Services Authorities Act, 1987 – Partition Suit – Even if the petitioners are said to have signed the compromise petition but still the award of the Permanent Lok Adalat has to be quashed in view of the fact that Permanent Lok Adalat can only resolve dispute in relation to public utility services. [PLRonline 459674]

Will – Proof – Photocopy – That being so, the question of comparison of signatures on the said photocopy of the Will with that of the register of the Deed Writer would not arise. [PLRonline 479650]

The LAWS OF MANU – Manusmriti

CPC O. 39 R. 1 and 2 – Status quo – Vacated – Bonafide purchaser – Ancestral property – Appellants bona fide purchasers of ancestral property without notice – Late claim and substantial developments, the balance favored Defendants – Plaintiff’s name not in revenue records – Status quo vacated. [PLRonline 452654]

Local Commissioner – Application for appointment – Dismissed – No revision would be maintainable. [PLRonline 481650]

Hindu Law – Family Settlement – Limitation – In the absence of any evidence proving a family settlement, the transfer of the suit property under the said alleged family settlement and the consequent mutation entries – Cannot be sustained . [PLRonline 471650]

Electricity Act, S. 2(5) – Constitution of India, Art. 226 – Alternative remedy – Available under Ombudsman Regulations, Objection of alternative efficacious remedy is well founded – However, matter has remained pending in Writ since 2019 till 2022 for final adjudication, it may not be an act of balancing equity at this stage to direct the petitioner to re-agitate his entire grievance before the Consumer Grievances Redressal Forum at this stage. [PLRonline 459650]

Limitation Act Art. 59 – Limitation to set aside an instrument or decree or for cancellation of the same is 03 years counted from the date of knowledge – Plaint, reveals that it is totally silent as to when the plaintiff-appellant came to know of the said alleged fraud – Dismissed. [PLRonline 476650]

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Delhi Rent Control Act, 1958 - Section 14(1)(e) of the 1958 Act is violative of the doctrine of equality embodied in Article 14 of the Constitution of India insofar as it discriminates between the premises let for residential and non-residential purposes

Tenancy - Bona fide need - Age of the landlord – Age cannot be factored against the landlords in their proposed business.

Home Tenancy and Rent Act

Tenancy – Bona fine need – It is not for the tenant to dictate how much space is adequate for the proposed business venture or to suggest that the available space with the landlord will be adequate

by Punjab Law Reporter

in Tenancy and Rent Act

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Haryana Urban (Control of Rent and Eviction) Act, 1973, S. 23 – Haryana Urban (Control of Rent and Eviction) Rules, 1976, R. 7 – CPC O. 18, R. 3A – Eviction petition – Strict provisions of CPC shall not apply to the proceedings under the Act and only those provisions of the Code shall be made applicable, which the Act specifically provides – Provisions of Rule 3A Order 18 of CPC shall not apply to the proceedings under the Rent Act. [ID 217802]

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[SC] East Punjab Urban Rent Restriction Act 1949, Section 13 – Constitution of India, 1950, Article 133 – Eviction – Suit for – Concurrent findings – Revision was also dismissed on the ground that there was no perversity or infirmity in the orders of the Tribunals below – Dismissed. [ID 214102]

Tenancy and Rent Act

Personal necessity of landlord – Held, landlord whose wish has to prevail in respect of property in which he wants to carry on his business. Tenant has nothing to do in forming such an opinion by the landlord, nor the tenant can direct the landlord to carry on business in a particular premises. [ID 319901]

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