Court : Delhi
Reported in : AIR1971Delhi208; 7(1971)DLT244
..... such a case would almost inevitably involve a finding that adultery had been committed because there would be inclination as well as opportunity and there would be no protection whatever to marital rights. thus, it would be impossible to distinguish between the guilty and the innocent. . thereforee, conclude that this is not the correct ..... the company of strangers. from all these circumstances, coupled with the medical evidence, the trial court held that the respondent had an inclination for adulterous sexual life and she had ample opportunities to indulge in the same with strangers. as the facts showed that the respondent never had sexual intercourse with her husband but ..... to para 1 10 thereof. he relies on the passage which reads as follows :- '* * * * it is rarely indeed that parties are surprised in the direct act of adultery, and such evidence is looked at carefully, in nearly every case the fact is inferred from circumstances which lead to it, by fair inference, as a necessary .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi272; 1971RLR73
..... room as a garage. they further found that the car of the landlord was at present kept inside the open compound of the house of the landlord but was not protected from sun and rain. they further found that another tenant of the landlord also kept his car in the compound of the landlord and this second car had to be ..... given a preference over the ordinary right of the property of the landlord by the act in giving protection to the tenant against eviction by the landlord by the act in giving protection to the tenant against eviction by the landlord in exercise of his ordinary right. but the act has also provided that in the various circumstances described in the provisos to section 14 ..... merely to show that he wants the garage without really intending to use it for the paring of the car. the status of the landlord and the way of his life would show whether the landlord is using the car in the ordinary way and not in any forced or mala fide way. we cannot inquire into his bona fides beyond .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi262
..... them; whether they are liable to be dispossessed as not having derived any such rights or interest; and whether they are entitled to any protection under section 19 of the slum areas act, as claimed by them. these questions have to be considered in the background of the order for recovery of possession passed against mohd. usman ..... right to sue survived against the first two appellants, who are in occupation of the premises; that mohd. usman's tenancy had been terminated, but he enjoyed protection against eviction which was a personal right not heritable and the which terminated on this death; and that the appellants who are stated to be his legal representatives ..... that his heirs had no right to remain in occupation of the premises or to intermeddle therewith, even as his legal representatives, and were not entitled to any protection. their occupation was characterised as unlawful. during the pendency of the suit, mst. rabia also died and her two daughters mst. khadija begum and mst. hajra .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi684
..... by them; whether they are liable to be dispossessed as not having derived any such rights or interest; and whether they are entitled to any protection under section 19 of the slum areas act, as claimed 'by them. these questions have to be considered in the background of the order for recovery of possession passed against mohd. ..... to sue survived against the first two appellants, who are in occupation of the premises, that mohd. usman's tenancy had been terminated, but he enjoyed protection against eviction which was a personal right not heritable and which terminated on his death; and that the appellants who are stated to be his legal representatives are ..... stated, his heirs had no right to remain in occupation of the premises or to intermeddle therewith, even as his legal representatives, and were not entitled to any protection. their occupation was characterised as unlawful. during the pendency of the suit, mst. rabia also died and her two daughters mst. khadija begum and mst. hajra begum .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi252
..... that in furtherance of the said guarantee he gave a cash security of rs.1,08,155/9/6 as well as the security of immovable property a life insurance policy and also some other securities. the bank advanced loans to a number of debtors introduced by the petitioner on the security of moveable and other ..... the petitioner under original agreement dated 24th january, 1942. it was stated that the terms of the said agreement dated 17th september, 1949, was not a voluntary act of the petitioner but was brought about by the bank under threat and undue pressure and the terms were thus unconscionable unjust and inequitable and the agreement was void ..... and represented by his legal representative) against the punjab national bank. the appellant was the petitioner in an application under section 13 of the displaced persons (debts adjustment) act, 1951., in that application he claimed the recovery of rs. 85,155/9/5 with interest against the punjab national bank. according to the application, the petitioner .....
Tag this Judgment!Court : Delhi
Reported in : 1971RLR76
..... circumstances are proved, the legislative intent contained in clause (h) of the proviso to sub-section (1) of section 14 of the act is that no tenant should remain entitled to the protection against eviction any longer if he has, as on the date of the application for his eviction, a clear subsisting legal right to occupy ..... and propose to dwell further on a thorough probe into its true meaning. (4) the act is a special protective statute. section 14 begins under the caption 'protection of tenant against eviction'. in terms of the grounds contained in the proviso that protection becomes unavailable to the tenant and he becomes liable to eviction only in case certain specified ..... 6) the clauses containing the grounds under the proviso to sub section (1) of section 14 of the act lay down the circumstances which alone, if proved, would entitle a landlord to an order of eviction. howsoever may be the protection as given to the tenant in terms of clause (h) to the proviso to sub-section (1) .....
Tag this Judgment!Court : Delhi
Reported in : 8(1972)DLT375
..... was stated that the tenant had not complied with the demand for rent made on 27th december, 1964 and she was not entitled to protection under the act because of the proviso to section 14(2) of the act the tenant contested this and also claimed that a receipt exhibit r-1 had been issued by the landlord relating to the rent up ..... able to construe the section to hold that the benefit was equivalent to the one that the tenant could have got under section 14(2). in the case of the life insurance corporation of india aforernentioned, payment of the rent was made by the tenant on the first date of hearing so that no order under section 15 was necessary and ..... to the tenant under section 14(2) of the act. (5) in this connection, i have now to distinguish three decisions given by this court. the first two of these are the decisions of p.n. khanna, j., reported as smt. sumitra rani v. m/s. bennet coleman and ltd. and the life insurance corporation of india v. m/s. meghraj mannulal .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi725
..... and buildings as the corporation may deem reasonable for providing for the expense necessary for the conduct and management of the fire service undertaking and for the protection of life and property in the case of fire'.(63) section 115(3) provides that: 'thefire tax shall be levied in respect of all lands and buildings ..... to in sub-section (1) in such proportion as may be determined by the commissioner and shall be recoverable from them as an arrear of tax under this act'. section 316 'if any street has been leveled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of section 315, the ..... in the colony the streets are not swept.(9) according to the petitioners, the corporation is bound to take over the services and is responsible under the corporation act 'for providing civic amenities and public conveniences, such as construction, repair and maintenance of roads and lanes, water supply, scavenging, maintenance & up-keep of parks, .....
Tag this Judgment!Court : Delhi
Reported in : AIR1972Delhi50
..... need medical treatment and the old legal concepts of insanity do not portray medical advancement in the treatment of mental sickness, the english mental health act. 1959, providing for the care and protection of persons of unsound mind notes the concepts of mental illness by the use of terms 'severe subnormality', sub normality, and 'psychopathic disorder' ..... less than three years before the presentation of the petition and this unsoundness of mind was incurable because it was impossible for them to live a normal married life with no prospect of improvement in the mental health of the opposite party.10. the expression 'incurably of unsound mind' used in section 1(1)(d) ..... hoped for is discharge to conditions where he will not be required to manage himself or his affairs but will live an artificial existence protected from the normal incidents and problems of life he sill properly be termed incurable. a parallel in the physical sphere is the patient who can go home but will always be .....
Tag this Judgment!Court : Delhi
Reported in : AIR1972Delhi126
..... value of lands and buildings as the corporation may deem reasonable for providing for the expense necessary for the conduct and management of the fire service undertaking and for the protection of life and property in the case of fire : (d) a general tax - (i) of not less than ten and not more than twenty per cent, of the ..... that sufficient water is available from municipal water works for a reasonable supply to all the lands and buildings in the said portion. (2) save as otherwise provided in this act, the scavenging tax shall believed only in respect of lands and buildings - (a) in which there is a latrine, urinal, cesspool, bathing place or cooking place connection ..... water consumed or any other charge levied by a local authority ordinarily payable by the tenant. in my opinion, these taxes although known as such under the municipal act and although collected with respect of the valuation of the lands and buildings, are not in the nature of taxes on buildings or lands which are the burden of .....
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