Court : Mumbai
Decided on : Dec-13-1996
Reported in : 1997(3)BomCR315
..... section 15-a of the bombay rent control act or whether such proceeding would be governed by section 28 of the rent control act. in paragraph 12 and 13 of the said report, apex court observed thus:' ..... impugned orders and the available material placed on record.10. it would be useful at the outset, to refer the relevant provisions of the rent control act. by maharashtra act no. viii of 1987 section 6 was further amended by inserting sub-section (4) and it was provided that notwithstanding anything contained in the foregoing ..... the rent control act.16. in sanwarmal kejriwal's case (supra), the apex court was dealing with the question : whether a licensee occupying a flat in a tenant co-partnership society can be evicted therefrom under sub-section (1) of section 91 of the maharashtra co-operative societies act, 1960, notwithstanding the protection extended by .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-09-1996
Reported in : AIR1996SC1907; JT1996(4)SC289; (1996)113PLR316; 1996(3)SCALE511; (1996)4SCC275; 1996(2)LC141(SC)
..... 1983]1scr498 wherein the principles with regard to leave to defend or contest any eviction proceedings have been laid down while interpreting similar provisions contained in delhi rent control act. the relevant observations read as under:on a combined reading of section 14(1) proviso (e) with section 25b(1) and (4) the legal position that ..... appellant, the respondent-tenant appeared in response to the summons and on april 7, 1995 and made an application under section 18-a(4) of the act supported by an affidavit praying for grant of leave to contest the eviction petition presented by the appellant-landlord. in the said application seeking leave to contest ..... by the rent controller, chandigarh rejecting the application of the tenant-respondent herein filed under section 18-a(4) of the east punjab urban land restriction act, 1949 (hereinafter the act) seeking leave to defend the eviction proceedings initiated by the appellant-landlord.3. the appellant is the owner of house no. 1013 sector 27-b, .....
Tag this Judgment!Court : Chennai
Decided on : Aug-05-1996
Reported in : (1996)2MLJ435
..... duty of the government to take into consideration all the relevant circumstances of a particular case or class of cases in order to determine if the protection of the act given to the tenant or tenants concerned should be with drawn. the section is applicable not merely to institutions like hospitals or schools, but may ..... (s.n.) 16, has held that the purpose of a provision like section 29 of the madras buildings (lease and rent control) act, 1960, is to provide for certain contingencies where the statutory protection from eviction causes great hardship to a landlord and becomes the subject of abuse by the tenant himself and that merely because the ..... act provides an immunity from eviction of certain classes of tenants under certain provisions of the act, it does not that buildings in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-17-1996
Reported in : AIR1997SC628; JT1996(11)SC246; 1996(9)SCALE375; (1997)2SCC53; [1996]Supp10SCR188; 1997(1)LC308(SC)
..... laws. in bromley's 'family law', 7th edition, it is indicated as under:both at common law and under the children and young persons act, 1933 there will be a duty to afford protection. although there is no common law duty to maintain the child, the person with control will be criminally liable under the children and young ..... shall be carried on by arunachala bakthar. appellant's husband also, significantly, did not bequeath the residential house absolutely in favour of the appellant but created only a life estate therein for her. the remainder was bequeathed to the children of arunachala bakthar.33. in view of the above facts and circumstances, arunachala bakthar was clearly a ..... son of his real brother was brought up by him and it was through him that he was carrying on the lime-shell business. the will created a life estate in favour of the respondent in respect of the residential house and the remainder was vested in the children of arunachala bakthar. the will further recited that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-23-1996
Reported in : 1997ACJ1164; (1997)115PLR61
..... of the state. article 21 of the constitution of india provides that no person shall be deprived of his life or personal liberty except in accordance with the procedure established by law. maintenance of law and order or protection of the life of citizens, even in jails, is the prime responsibility of the state. jails are under the management of ..... custodial death, it was held that it is not always enough to relegate him to the ordinary remedy of a civil suit to claim damages for the tortuous act of the state as that remedy in private law is indeed available to the aggrieved parly; that a victim or his dependents are entitled to get relief under ..... , sialkot, rawalpindi, ferozepur and lyallpore, mianwali.'in the present case, accused krishan was a habitual criminal and he was allowed to do gardening with a kassi. this act of the warden of the jail resulted in the gruesome murder of ranbir singh, due to gross negligence of the jail authorities. ranbir singh was a unconvicted criminal prisoner .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-09-1996
Reported in : (1997)115PLR83
..... , wherein it has been held as under:-'it is not as if the burden of proof varies with the riches and social prestige of the testator but habits of life are prone to vary with the means of the man and the privileged few who happen to occupy a high place in the social hierarchy have easy access to competent ..... the plaintiff-contesting respondent surinder singh, submitted and highlighted the various circumstances to convince me that the will (exhibit p1) has been properly executed. it was allegedly a wilful act on the part of smt. sham kaur and no undue influence has been exercised. in fact, smt. sham kaur was obeying the wishes of her husband attar singh in ..... denied the existence of both the wills (p1) and (d1) and asserted that both the wills were the result of fraud, coercion and collusion and it was not voluntary act on the part of smt. sham kaur. the plaintiff filed replication to the written statements filed by the defendants and he reiterated the allegations made by him in the plaint .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-07-1996
Reported in : (1997)115PLR65
..... narain raina, v. lt. col. s.s. gill, (1989)2 r.l.r. 46, it was observed as under:-'east punjab urban rent restriction act, 1949, section 13-a summary ejectment. production of certificate of retirement issued by competent authority sufficient. sufficiency of accommodation in possession of specified landlord cannot be ..... in occupation of landlord insufficient. landlord entitled to live comfortably in the company of his son and grandson-summary ejectment proper.''east punjab urban rent restriction act, 1949, section 13-a summary ejectment/leave to contest ejectment application/affidavit-summary ejectment sought on ground of bona fide necessity-tenant under obligation to ..... obtaining an order for the recovery of possession. in surjit singh arora's case (supra) this court observed as under:-'east punjab urban rent restriction act, 1949 section 13-a summary ejectment/leave to contest eviction application/bona fide necessity. landlord retired from 31st december, 1979, certificate as provided under .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-18-1996
Reported in : [1997(75)FLR180]; (1998)IIILLJ231Bom
..... blocks. shri parikh in his report further mentioned that any leakage of glass from the dog house will be disastrous involving the risk of fire and loss of life. the report also showed that the throat of the furnace had practically disappeared. the backwall had also completely gone. port arch blocks had fallen down creating a ..... however, be pointed out that on behalf of the respondent-company, its counsel has pointed out that in fact an application under section 23 of the sick undertakings act had been made before the appropriate forum. the position since then has further deteriorated to which provisions of section 15 may be applicable. in the aforesaid circumstances, ..... any steps which a prudent management had to take avoid closure of business. this was done with a malafide intent purpose of closing down the respondent company. this act was brought about, as by 1991-92 neutral glass & allied works, a sister or associate company with same or more production capacity than the respondent-company .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-09-1996
Reported in : AIR1997AP237; 1996(2)ALD(Cri)589; 1996(2)ALT(Cri)782
..... action pending atclosed. differentstages.________________________________________________________________________________________________1. petitions of harassment against women 112 30 822. petitions of civil nature 242 90 1523. petitions on protection for life and 38 14 24property4. petitions against police 35 12 235. petitions on cheating 35 8 276. miscellaneous petitions 445 71 374_________________________________________________907 225 ..... a matter, prirna facie, .may appear to be of civil nature or non-cognizable, it will be having nexus with such overt acts or covert acts which may make lead to cognizable offence or an incident affecting law and order and public order. the police, in such cases, ..... concurrent list in the seventh schedule. civil procedure is exclusive to the concurrent list, including evidence and oaths, recognition of laws, public acts and records and judicial proceedings.9. police has mainly to concern itself with the law and order and only such other matters which are .....
Tag this Judgment!Court : Orissa
Decided on : Apr-19-1996
Reported in : AIR1996Ori195
..... s environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights even the right to life itself. the protection and improvement of the human environment is a major issue which affects the well-being of people and economic development throughout the words, it is theurgent ..... just to punish the culprit but to balance the eco-system. the noteworthy development in this period was that each individual knew his duty to protect the environment and he tried to act accordingly. those aspects have been highlighted by a learned author c. m. jariwala in his article 'changing dimensions of indian environmental law' in ..... avoidance of disturbance on surface. these need to be strictly followed. stowing of sand in the required ratio should be adhered to. the authorities under the mines act should make periodic verification to ensure that mines safety is maintained. it is not to be forgotten that while everything on the surface appeared to be normal .....
Tag this Judgment!