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1 - 10 of 12 (0.19 seconds)Section 50 in The Delhi Rent Act, 1995 [Entire Act]
Section 12 in The Delhi Rent Act, 1995 [Entire Act]
Article 65 in Constitution of India [Constitution]
The Limitation Act, 1963
Section 27 in The Delhi Rent Act, 1995 [Entire Act]
Deena Nath vs Pooran Lal on 11 July, 2001
The judgment / order of the
court / authority for eviction of a tenant which does not
Page 9 of 23
show that the court / authority has applied its mind to
these statutory requirements cannot be sustained and
the superior court will be justified in upsetting such
judgment / order in appeal / second appeal / revision.
Bonafide requirement, on a first look, appears to be
a question of fact. But in recording a finding on the
question the court has to bear in mind that statutory
mandate incorporated in Section 12(1)(f). If it is found
that the court has not applied the statutory
provisions to the evidence on record in its proper
perspective then the finding regarding bonafide
requirement would cease to be a mere finding of
fact, for such erroneous finding illegally arrived at
would vitiate the entire judgment."
The Delhi Rent Act, 1995
Janki Vashdeo Bhojwani & Anr vs Indusind Bank Ltd. & Ors on 6 December, 2004
The said attorney did not explain as to
what was the reason based on which petitioner did not appear in the
court. It is trite to mention here that facts which are within the personal
knowledge of a person can be deposed by the said person only. An
attorney cannot depose in place and instead of principal. Reliance in this
regard is placed upon case law titled as Janki Vashdeo Vs. Indusind
Bank Ltd. AIR 2005 SC 439. Therefore, by not examining herself,
petitioner failed to prove her bonafide need.