Court : Delhi
..... the date of execution of the agreement and the limitation under article 59 of the schedule to the limitation act, 1963 to seek such a declaration being three years from the date when the facts entitling the appellant/plaintiff to have the instrument cancelled or setaside became known to him, the appellant/plaintiff will also have to establish that the said unsoundness of mind owing to intoxication and depletion of mental capacity continued right from the year 1997 till 2002 when the appellant/plaintiff got issued the notice preceding the ..... the appellant/plaintiff has subsequently tried to improve his case in evidence by disclosing that the documents were got signed under the influence of respondent/defendant no.1 with whom he had developed intimacy and had illicit relations, the same is also hopelessly bereft of details or particulars and is at best a vague and general plea which would not pass muster in light of order 6 rule 4 and the clear and authoritative dicta of the ..... he said:"if you mean whiskey, the devil s brew, the poison scourge, the bloody monster that defiles innocence, dethrones reason, destroys the home, creates misery and poverty, yea, literally takes the bread from the mouths of little children; if you mean that evil drink that topples christian men and women from the pinnacles of righteous and gracious living into the bottomless pit of degradation, shame, despair, helplessness, and hopelessness, ..... the division benches of the high courts of andhra pradesh and bombay .....
Tag this Judgment!Court : Delhi
..... judgment had no occasion to consider section 14(1)(e) vis-a-vis section 22; (vii) that the word employee would cover even a non-executive director; and (viii) that though for filing a petition under section 14(1)(e) of the act with respect to premises situated in slum areas, the permission under the slum areas (improvement and clearance) act, 1956 is not required, but the same will be required for a petition for eviction under section 22.38. ..... 396-97/2017 & 519-20/2017 page 28 of 34 incorporated under section 25 of the companies act, 1956 equivalent to section 8 of the companies act, 2013 may also be a public institution; (iv) that the explanation to section 22 is inclusive and not exclusive or exhaustive; (v) that every section of the rent control act entitling the landlord to evict the tenant is distinct; (vi) special provision is made for the requirement of landlords falling in sections 14a to 14d even though their cases would ..... bombay (1974) 2 scc402, in the context of the punjab public premises and land (eviction and rent recovery) act, 1959, it was held that if a law were to provide for differential treatment amongst persons similarly situated, it violates equality clause of article 14 of the constitution of india; (v) that discrimination would result if there are two available procedures one more drastic or prejudicial to the party concerned than the other and which can be applied at the arbitrary will of the authority; (vi) however, the minority view of bachawat, j.in the .....
Tag this Judgment!Court : Delhi
..... judgment had no occasion to consider section 14(1)(e) vis-a-vis section 22; (vii) that the word employee would cover even a non-executive director; and (viii) that though for filing a petition under section 14(1)(e) of the act with respect to premises situated in slum areas, the permission under the slum areas (improvement and clearance) act, 1956 is not required, but the same will be required for a petition for eviction under section 22.38. ..... 396-97/2017 & 519-20/2017 page 28 of 34 incorporated under section 25 of the companies act, 1956 equivalent to section 8 of the companies act, 2013 may also be a public institution; (iv) that the explanation to section 22 is inclusive and not exclusive or exhaustive; (v) that every section of the rent control act entitling the landlord to evict the tenant is distinct; (vi) special provision is made for the requirement of landlords falling in sections 14a to 14d even though their cases would ..... bombay (1974) 2 scc402, in the context of the punjab public premises and land (eviction and rent recovery) act, 1959, it was held that if a law were to provide for differential treatment amongst persons similarly situated, it violates equality clause of article 14 of the constitution of india; (v) that discrimination would result if there are two available procedures one more drastic or prejudicial to the party concerned than the other and which can be applied at the arbitrary will of the authority; (vi) however, the minority view of bachawat, j.in the .....
Tag this Judgment!Court : Delhi
..... judgment had no occasion to consider section 14(1)(e) vis-a-vis section 22; (vii) that the word employee would cover even a non-executive director; and (viii) that though for filing a petition under section 14(1)(e) of the act with respect to premises situated in slum areas, the permission under the slum areas (improvement and clearance) act, 1956 is not required, but the same will be required for a petition for eviction under section 22.38. ..... 396-97/2017 & 519-20/2017 page 28 of 34 incorporated under section 25 of the companies act, 1956 equivalent to section 8 of the companies act, 2013 may also be a public institution; (iv) that the explanation to section 22 is inclusive and not exclusive or exhaustive; (v) that every section of the rent control act entitling the landlord to evict the tenant is distinct; (vi) special provision is made for the requirement of landlords falling in sections 14a to 14d even though their cases would ..... bombay (1974) 2 scc402, in the context of the punjab public premises and land (eviction and rent recovery) act, 1959, it was held that if a law were to provide for differential treatment amongst persons similarly situated, it violates equality clause of article 14 of the constitution of india; (v) that discrimination would result if there are two available procedures one more drastic or prejudicial to the party concerned than the other and which can be applied at the arbitrary will of the authority; (vi) however, the minority view of bachawat, j.in the .....
Tag this Judgment!Court : Delhi
..... judgment had no occasion to consider section 14(1)(e) vis-a-vis section 22; (vii) that the word employee would cover even a non-executive director; and (viii) that though for filing a petition under section 14(1)(e) of the act with respect to premises situated in slum areas, the permission under the slum areas (improvement and clearance) act, 1956 is not required, but the same will be required for a petition for eviction under section 22.38. ..... 396-97/2017 & 519-20/2017 page 28 of 34 incorporated under section 25 of the companies act, 1956 equivalent to section 8 of the companies act, 2013 may also be a public institution; (iv) that the explanation to section 22 is inclusive and not exclusive or exhaustive; (v) that every section of the rent control act entitling the landlord to evict the tenant is distinct; (vi) special provision is made for the requirement of landlords falling in sections 14a to 14d even though their cases would ..... bombay (1974) 2 scc402, in the context of the punjab public premises and land (eviction and rent recovery) act, 1959, it was held that if a law were to provide for differential treatment amongst persons similarly situated, it violates equality clause of article 14 of the constitution of india; (v) that discrimination would result if there are two available procedures one more drastic or prejudicial to the party concerned than the other and which can be applied at the arbitrary will of the authority; (vi) however, the minority view of bachawat, j.in the .....
Tag this Judgment!Court : Delhi
..... judgment had no occasion to consider section 14(1)(e) vis-a-vis section 22; (vii) that the word employee would cover even a non-executive director; and (viii) that though for filing a petition under section 14(1)(e) of the act with respect to premises situated in slum areas, the permission under the slum areas (improvement and clearance) act, 1956 is not required, but the same will be required for a petition for eviction under section 22.38. ..... 396-97/2017 & 519-20/2017 page 28 of 34 incorporated under section 25 of the companies act, 1956 equivalent to section 8 of the companies act, 2013 may also be a public institution; (iv) that the explanation to section 22 is inclusive and not exclusive or exhaustive; (v) that every section of the rent control act entitling the landlord to evict the tenant is distinct; (vi) special provision is made for the requirement of landlords falling in sections 14a to 14d even though their cases would ..... bombay (1974) 2 scc402, in the context of the punjab public premises and land (eviction and rent recovery) act, 1959, it was held that if a law were to provide for differential treatment amongst persons similarly situated, it violates equality clause of article 14 of the constitution of india; (v) that discrimination would result if there are two available procedures one more drastic or prejudicial to the party concerned than the other and which can be applied at the arbitrary will of the authority; (vi) however, the minority view of bachawat, j.in the .....
Tag this Judgment!Court : Delhi
..... judgment had no occasion to consider section 14(1)(e) vis-a-vis section 22; (vii) that the word employee would cover even a non-executive director; and (viii) that though for filing a petition under section 14(1)(e) of the act with respect to premises situated in slum areas, the permission under the slum areas (improvement and clearance) act, 1956 is not required, but the same will be required for a petition for eviction under section 22.38. ..... 396-97/2017 & 519-20/2017 page 28 of 34 incorporated under section 25 of the companies act, 1956 equivalent to section 8 of the companies act, 2013 may also be a public institution; (iv) that the explanation to section 22 is inclusive and not exclusive or exhaustive; (v) that every section of the rent control act entitling the landlord to evict the tenant is distinct; (vi) special provision is made for the requirement of landlords falling in sections 14a to 14d even though their cases would ..... bombay (1974) 2 scc402, in the context of the punjab public premises and land (eviction and rent recovery) act, 1959, it was held that if a law were to provide for differential treatment amongst persons similarly situated, it violates equality clause of article 14 of the constitution of india; (v) that discrimination would result if there are two available procedures one more drastic or prejudicial to the party concerned than the other and which can be applied at the arbitrary will of the authority; (vi) however, the minority view of bachawat, j.in the .....
Tag this Judgment!Court : Delhi
..... judgment had no occasion to consider section 14(1)(e) vis-a-vis section 22; (vii) that the word employee would cover even a non-executive director; and (viii) that though for filing a petition under section 14(1)(e) of the act with respect to premises situated in slum areas, the permission under the slum areas (improvement and clearance) act, 1956 is not required, but the same will be required for a petition for eviction under section 22.38. ..... 396-97/2017 & 519-20/2017 page 28 of 34 incorporated under section 25 of the companies act, 1956 equivalent to section 8 of the companies act, 2013 may also be a public institution; (iv) that the explanation to section 22 is inclusive and not exclusive or exhaustive; (v) that every section of the rent control act entitling the landlord to evict the tenant is distinct; (vi) special provision is made for the requirement of landlords falling in sections 14a to 14d even though their cases would ..... bombay (1974) 2 scc402, in the context of the punjab public premises and land (eviction and rent recovery) act, 1959, it was held that if a law were to provide for differential treatment amongst persons similarly situated, it violates equality clause of article 14 of the constitution of india; (v) that discrimination would result if there are two available procedures one more drastic or prejudicial to the party concerned than the other and which can be applied at the arbitrary will of the authority; (vi) however, the minority view of bachawat, j.in the .....
Tag this Judgment!Court : Delhi
..... their respective shares," suggest that at least two such male heirs must exist and decide not to partition the dwelling house in which event the right of the female heir is postponed and kept in the abeyance until the male heir or heirs of the hindu intestate decide to partition it, it does not necessarily lead to the only inevitable conclusion that the operation of section 23 must stand excluded in the case of the hindu intestate leaving behind him/her surviving only son and daughter. ..... shortly put, only living daughters of living coparceners would be entitled to claim a share in the ancestral property.11) hence, without touching any other aspect in the present case, we are of the view that the appellants were not the coparceners in the hindu joint family property in view of the 1989 amendment, hence, they had not been entitled to claim partition and separate possession at the very first instance. ..... in the case of danamma (supra) recently the supreme court has observed as under: 24) section 6, as amended, stipulates that on and from the commencement of the amended act, 2005, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son. ..... take a case of a hindu male or female owning a flat in metropolis or major cities like bombay etc. ..... raju [civil appeal 1933/2009]. .....
Tag this Judgment!Court : Delhi
..... on behalf of the state, ms.rajdipa behura, learned app has submitted that this is a case where the offender had been apprehended at the spot and injury being caused by family of the victim on the person of the appellant at the time of his apprehension and arrest, in itself is no ground to disbelieve the otherwise creditworthy statement of the child victim and her parents, who have not only described the entire incident, but also identified the appellant to be the person who committed the act of sexual assault on her. ..... subsequent improvements made on the mlc from point d to d wherein the doctor has written clear cut history of sexual assault, but no history of ejaculation is recorded, how the child aged about 8 years could use the words sexual intercourse and ejaculation, is difficult to understand because in her deposition before the court, the child victim specifically stated that three years prior to her deposition before the court she did not know the name of organ from where men urinate and from ..... state of maharashtra (1997) crlj1724(bom) the high court of bombay observed as under: the accused were alleged to have kidnapped the girl below 16 years of age from the lawful guardianship of her parents and taken her to another city. .....
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