Bringing you the Best Analytical Legal News
The Court observed that delays by Appellate Tribunals in deciding appeals under Rajasthan Rent Control Act, 2001, defeats the purpose of the law, which aims to ensure the speedy disposal of eviction cases.
“The right of speedy and expeditious disposal of the case, trial is one of the most valuable and cherished right of a litigant guaranteed under Article 21 of the Constitution of India.”
The Court also affirmed interpretation of Rule 6 by Delhi High Court in ITDC Limited v. Chander Pal Sood, wherein the High Court had held that Rule 6 gives a wide discretion to the Court.
Supreme Court permitted the petitioners to initiate contempt proceedings in addition to any other remedy which may be available to him, in case of failure to comply with the given directions.
Rule 22(3)(1) of the Delhi Senior Citizens Rules outlines a procedure for eviction from a senior citizen’s property and sub-rule (iv) allows the authority to conduct summary proceedings and order eviction of a son, daughter, or legal heir for non-maintenance and ill-treatment.
“The petitioner/tenant is not able to demonstrate the extreme hardship caused to him upon vacating the premises in dispute. The litigation has consumed 10 years and thus, the hardship suffered by the respondent/landlord is more than the tenant.”
“Even if there are certain clauses which the parties may have aided from the tenancy legislation, is no ground to … declare the unambiguous leave and licence agreement to be an agreement of tenancy ignoring preponderance of probability.”
“The Single judge directed IOCL to deliver peaceful vacant possession of the premises to the appellants upon removal of the structures therein. Further, directed it to pay arrears of market rent to the appellants in respect of the plot from 1-07-1995 till the date of delivery of possession in favour of the appellants”
“By the Civil Procedure Code (amendment Act, 1999) the scope of Section 115 of the code has been curtailed but that does not mean that due to such curtailment, the High court’s power of superintendence under Article 227 has been expanded.”
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on West Bengal Rent Control (Temporary Provisions) Act, 1950.
The DM as an appellate authority can ensure that no one should make any hindrance to a senior citizen to enjoy the property as per his ‘need’, and the right to eviction is the last step.
Calcutta High Court remanded the eviction case to First Appellate Court on finding that the alleged construction was outside the tenancy property.
Rule 22 (2) & (3) of Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016 gives powers to the District Magistrate to pass an Order of eviction in case it is found that the senior citizens are being ill-treated and are not being maintained by their children.
Supreme Court held that not putting a quietus to the prolonged dispute at hand, spanning 38 years, on something as simple as tenancy issue, would be a travesty of justice.
Delhi High Court opined that the parties shall ensure that they maintain peace and order and do not engage in any acrimony and shall have duplicate keys of the rooms.
Bombay High Court: In a petition filed by the son challenging the order passed by the Sub Divisional Officer, Eastern
Bombay High Court: In a matter wherein, the parents sought eviction of their son, Rohit B. Deo, J., expressed that, “In the
Dwarka Courts, New Delhi: Richa Gusain Solanki, Additional Senior Civil Judge-Cum-JSCC-Cum-Guardian Judge, addressed a matter with regard to the eviction of the
Supreme Court: Refusing to interfere with the Delhi High Court verdict, the bench of MR Shah and BV Nagarathna, JJ has held
82 reports on High Court Judgments to read from February 2022. Allahabad High Court Bail 22-year-old woman, burnt and buried due to