Court : Delhi
Reported in : 43(1991)DLT325; 1991(20)DRJ322; 1991RLR300
..... the controller further held that the question of suitability of the said accommodation was not required to be gone into once it was proved that the tenant bad acquired another residence and accordingly he allowed the petition and ordered eviction of the appellant under section 14(l)(b) of the act. ..... prem wati parekh, : air1980delhi1 has held that once it is shown that the tenant bad on the date of the application by the landlord acquired another residence, even if subsequently he loses those premises, the position does not change because subsequent facts cannot be taken into account. ..... the appellant filed his written statement and denied that he bad acquired the premises at shakarpur extension. ..... delhi and he bad no authority to enter into a sale deed with the appellant, even then once the appellant had acquired the premises and got the possession, he immediately lost the protection given under section 14 of the act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1987Delhi159
..... difficult to comprehend that when no period in the order confirming the detention is prescribed, it would not only be a valid one but would be so for a maximum period of twelve months and when .a maximum period is mentioned, the order would be bad for non-application of mind ..... . how could a detention be held bad when the order of confirmation prescribed the period of one year he queried. mr ..... . would certainly have held the detend on bad in suresh v ..... . chowdhary above, and since these documents were not supplied with the grounds of detention, the detention was bad ..... . 10 of the act, was bad. mr ..... delhi administration : : 1982crilj1191 , held that detention of the petitioner in that case for a maximum period of twelve months without giving reasons for such detention was bad. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1987Delhi120
..... , to contend that even if it was held that the impugned order was bad on the ground that bhuramal jain was not engaging in corn dealing smuggled goods, it would stand in respect of his engaging in keeping smuggled goods. ..... one of the arguments raised was that there bad been violation of the provisions of article 22 read with s. ..... qamruddin has further stated that the detenu was quite satisfied and bad understood the grounds 'of detention and. ..... this fact uttam chand had told in the house of vijay kumar where he bad been taken by the officers. .....
Tag this Judgment!Court : Delhi
Reported in : 41(1990)DLT529; 1990(19)DRJ28
..... various judgments on this subject, it was held that the question to be seen in such cases is whether the nexus had snapped or not and whether the ground the basis of passing of the detention order bad become stale or not in the case of rajendra kumar natvorlal shah (supra) there was unexplained delay of five months in making the order under the cofeposa act and it was held that the same was ..... that be was not to leave country without prior permission of the court and a complaint under the customs act for prosecuting him for commission of the criminal offence under the customs act bad been filed on may 11, 1989 and the cognizance of that complaint had already taken by the magistrate. ..... (2) the facts, in brief, are that during the intervening night of march 11/12, 1989, the petitioner bad arrived at igi airport from singapore and after collecting his checked in baggages which comprised of one black suitcase and one cardboard carton, be made declaration of the goods valued at rs, 4,000.00 and ..... i have gone through the record and find that the administrator bad passed somewhat speaking order in the file after perusing the material and the office notes and the draft grounds of detention and the draft detention order ..... tried to distinguish the case of gurmeet singh (supra) by urging that in that case the detenu bad not disclosed the purpose of his precious frequent visits. ..... he also stated that he bad not brought gold on his previous visits and he knew that import of gold into india is .....
Tag this Judgment!Court : Delhi
Reported in : 43(1991)DLT636
..... 50 crores if for non-payment by the other builders the auctions/license in their favor bad been revoked why same treatment was not given to the petitioners if, on the other hand, the outstanding amount was recovered from all other builders, why expeditious steps were not taken to collect the ..... governor could issue the letter dated 4.10.1988, the only concession given by the said letter is in regard to the second installment which bad become due on 15.3.1988 and did not apply to any other installment. 6. ..... since the matter was heard by us only at the stage of final disposal, we bad to take into consideration all these developments from time to time. ..... it is pertinent to note that even after the plan was sanctioned on 8.3.1990 even the second installment which had 395 fallen due on 15.3.1988 was not paid, although all the five installments bad fallen due by that time. .....
Tag this Judgment!Court : Delhi
Reported in : 1991(21)DRJ53
..... even if the business of competent builders was also of dealership in automobiles and motorcycles for section 54 to be applicable the parties bad to agree that both or one of them will not carry on a business similar to that of the firm. ..... it was argued that the restraint clause in the present case 65 was bad for obscurity, illegality and was against public policy. ..... recitals said that the business of partnership bad extended to dealing in automobiles and motorcycles and that the parties then wanted to segregate these activities from that of the original partnership and for that purpose parties wanted to reorganise the working of the firm ..... i had agreed to keep the name of his concern 56 as classic motors at that stage and now bad got the company incorporated in the name m/s. ..... in fact the argument bad been that since the first defendant was given more assets a restriction was put on him. ..... 1 bad an incorporated company in the name of competent motors & parts (p) ltd. .....
Tag this Judgment!Court : Delhi
Reported in : 1993(25)DRJ147; 1993RLR197
..... (9) on the other hand, the respondent-tenant has produced no cogent evidence to substantiate the plea of mala fides based on the allegations that the petitioner bad many times asked him to enhance the rent and that the petitioner was negotiating with property dealers to sell the property. ..... he pleaded that the petitioner had many times asked him to enhance the rent and that be bad come to know that the petitioner was negotiating with property dealers to sell out the property. ..... in these peculiar circumstances, the supreme court held that the landlord bad impliedly consented to user of the premises for commercial purposes and such user takes the premises out of the ambit of clause (e). ..... '(6) from this statement, it is clear that the petitioner had brought with him the original work permit which bad expired. .....
Tag this Judgment!Court : Delhi
Reported in : 2002(63)DRJ732
..... another concomitant objection mr.jain has raised is that since no umpire was appointed before entering into reference as required under the arbitration act, arbitration proceedings are bad in law.in support of this contention, mr.jain has placed reliance upon ram kishore vs.raj narain dubey and others air 1963 all wherein it was held that in the absence of appointment of umpire which is mandatory provision of ..... . according to mr.jain without givingthe reasonable opportunity to the parties of being heardany award made by the arbitrators is bad in law as it violates the principles of natural justice ..... . it is the vice of perversity or apparent error on the face of award which alone makes non-speaking award bad in law. 88 ..... judge.it was held that where the parties are not `ad idem' about the dispute to be decided by the arbitrators, there is novalidarbitration agreement and if the agreement is uncertain as to the exact dispute referred to arbitration, the award is bad. .....
Tag this Judgment!Court : Delhi
Reported in : 45(1991)DLT134; 1991(21)DRJ214; 1991(1)DRJ(Suppl)497
..... '(10) learned counsel for the petitioners has further contended that the impugned notification in the instant cases is bad in law and is liable to be quashed inasmuch as even the word 'urgency' does not find a mention therein. ..... however, can a notification be declared to be bad in law simply on that score our answer to the above query is an emphatic 'no'. ..... hence, this fact alone is sufficient enough to tender the impugned notification nugatory and bad in law. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1993Delhi1; 48(1992)DLT75; 1992(24)DRJ327; 1992RLR347
..... it was stated that rajesh khanna, the eldest son of the respondent-landlord, bad completed his study and had shifted to delhi from calcutta due to his being asthma patient as humid climate of calcutta was not suitable for him. ..... . this property was joint and other co-owners did not want to keep the property as joint and the same was impartable and the petitioner bad no option but to agree to sell his l/5th share in the said property ..... furthermore, the respondent-landlord and his family had permanent business and permanent residence at calcutta and bad absolutely no intention to shift to delhi. .....
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