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1 - 10 of 11 (0.30 seconds)Article 227 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
Hasmat Rai & Anr vs Raghunath Prasad on 28 April, 1981
Similar observation has been made in Hasmat Rai & Anr.
v. Raghunath Prasad, [1981] 3 SCR 685.
Bega Begum And Ors vs Abdul Ahad Khan And Ors on 6 October, 1978
It is also relevant to consider in this connection the
observations of this Court in Bega Begum and Ors. v. Abdul
Ahad Khan and Ors., [1979] 2 SCR 1 as regards the meaning of
the words `reasonable requirement and own occupation' as
used in Section 11(h) of the Jammu and Kashmir Houses and
Shops Rent Control Act, 1966. It has been held that the
words `reasonable requirement undoubtedly postulate that
there must be an element of need as opposed to a mere desire
or wish. The distinction between desire and need should
doubtless be kept in mind but not so as to make even the
genuine need as nothing but a desire.
The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
M/S. Variety Emporium vs V. R. M. Mohd. Ibrahim Naina on 27 November, 1984
The lower appellate Court
simply considered that the second floor being a
temporary shed could not properly be used for
opening the Tax Consultancy Office and the first
floor which consisted of 4 rooms of which 2 are
used as bed rooms and 1 is used as a kitchen and 1
as study room of the sons of the appellant, cannot
be conveniently utilised for the said office as
there was no space for the same without considering
at all that the appellant with members of his
family had been residing already in the spacious
bungalow referred to hereinbefore. It has been
urged with great vehemence on behalf of the
appellant that both the Trial Court as well as the
Lower Appellate Court having found that the
appellant reasonably and bona fide required the
suit premises for the opening of the office of Tax
Consultant of the appellant's husband, Amritlal
Mutha, the decree of eviction of the suit premises
should not have been set aside by the High Court
under Article 227 of the Constitution by taking
into consideration subsequent facts and evidences.
This submission, in our considered opinion, is
without any substance and same is to be rejected.
Reference may be made in this connection to the
decision in the case of M/s Variety Emporium v.
V.R.M. Mohd. Ibrahim Naina, [1985] 2 SCR 102
wherein it has been observed that:
Section 13 in The Delhi Rent Act, 1995 [Entire Act]
Chandavarkar Sita Ratna Rao vs Ashalata S. Guram on 25 September, 1986
In Chandavarkar Sita Ratna Rao v. Ashalata S. Guram,
[1986] 3 SCR 866 it has been observed that:
"In exercise of jurisdiction under Article 227 of
the Constitution, the High Court can go into the
question of facts or look into the evidence if
justice so requires it. But it should decline to
exercise that jurisdiction in the absence of clear
cut down reasons where the question depends upon
the appreciation of evidence. It also should not
interfere with a finding within the jurisdiction of
the inferior tribunal or court except where the
finding is perverse in law in the sense that no
reasonable person properly instructed in law could
have come to such a finding or there is any
misdirection in law or a view of fact has been
taken in the teeth of preponderance of evidence or
the finding is not based on any material evidence
or it has resulted in manifest injustice. Except
to that limited extent the High Court has no
jurisdiction."
Pasupuleti Venkateswarlu vs The Motor & General Traders on 18 March, 1975
In Pasupuleti Venkateswarlu v. The Motor & General
Traders, [1975] 3 SCR 958 it has been observed by this Court
that: