Service of Notice in Suit for Eviction – held 106 TPA automatically complied.

Comment : This case takes a very pragmatic view of requirment of service of 15 days notice before filing a suit for recovery of possession after termination of month to month tenancy, it says that even if the tenant pleads non service of notice – if otherwise landlord – tenant relationship is accepted, the service of […]

Violating undertaking given in Mutual Consent Agreement in First Motion and then backtracking amounts to civil contempt.

Violating undertaking given in Mutual Consent Agreement in First Motion and then backtracking amounts to civil contempt. Delhi High Court Avneesh Sood vs Tithi Sood on 30 April, 2012 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 09.02.2012 % Judgment delivered on: 30.04.2012 + CONT.CAS (C) 559/2011 & C.M.1932/2012 AVNEESH […]

Father in law convicted u/s 202 for failure to inform the authorities as to DIL’s suicide

Comment : In this case of unnatural death of a DIL – notwithstanding failure of prosecution to bring home offences 302/306/304B against the accused – convicted the FIL u/s 202 for failure to inform the police – intentional ommission to give information having reason to believe that an offence is committed. Supreme Court of India […]

DHC on Delhi Rent Control Act – S.14(1)(e)/14(6)/25B(8)

Comment : In this case the landlord preferred a revision against the order of the decision of ARC dismissing his eviction petition on the ground that it was filed within 5 years of getting ownership of the concerned premises, which was directly barred by S.14(6). The Counsel for the landlord took the attractive plea that since […]

Arbitrary Allotment of Petrol Pumps …SC

Though overruled by SC in a later decision in 1999 – this decision is highly public oriented – wherein the ministers, rightly, were held to be repositories of public trust, liable for breach of trust in case of arbitrary allotment of petrol pumps. Common Cause A Regd. Society vs Union Of India And Ors […]

Revision by Landlord against ARC’s adverse judgment – is maintainable

Comment : In this case the issues that arose for consideration were “Whether a landlord can file a revision u/s 25B(8) of the Delhi Rent Control Act against a judgment wherein he loses his case” The Court held yes – in light of Vinod Kr. Choudhary v. Narain Devi Taneja (1980) SC 3 judges Bench. […]