Relevancy Of Question Asked During Cross-Examination Relates To Pleadings & Rival Stands, Not Merits Of Such Stands: Delhi High Court
2 years, 6 months ago

Relevancy Of Question Asked During Cross-Examination Relates To Pleadings & Rival Stands, Not Merits Of Such Stands: Delhi High Court

Live Law  

The Delhi High Court has observed that merits of the rival stands cannot be a material consideration while examining whether a particular question that the party desires to pose to a witness is relevant or irrelevant. The Court thus agreed with the observations made in the case titled R.K.Chandolia v. CBI and observed thus: "Questions which relate to facts in issue are, on the other hand, manifestly, relevant. Accordingly, the Court quashed the decision of the ARC to disallow four questions which the petitioners desired to pose to PW-1. "The respondent is directed to make PW-1 available, so that the said questions could be posed to PW-1 by the petitioners, on a date to be fixed by the learned ARC in that regard," the Court ordered.

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History of this topic

Unconditional Withdrawal Of Prior Petition Filed U/S 11 Of A&C Act Bars Subsequent Petition On Same Cause Of Action: Delhi High Court
4 days, 10 hours ago

Unconditional Withdrawal Of Prior Petition Filed U/S 11 Of A&C Act Bars Subsequent Petition On Same Cause Of Action: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manoj Kumar Ohri has observed that if a petition for appointment of arbitrator is withdrawn without liberty to file a fresh petition, then by application of Order 23 Rule 1, CPC, a subsequent petition on the same cause of action would be barred. Observations The Court observed that the issue which arose for …

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates
3 months, 1 week ago

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates

Live Law  

While quashing a Trial Court's order granting leave to defend to a tenant in an eviction petition, the Delhi High Court has observed that when the landlord placed medical records of his various illnesses and the site plan of premises showed lack of alternate accommodation, the Trial Court should not have considered them as triable issues. In doing so, the …

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates
3 months, 1 week ago

[Delhi Rent Control Act] Leave To Defend Cannot Be Granted On Mere Asking Of Tenant: Delhi High Court Reiterates

Live Law  

While quashing a Trial Court's order granting leave to defend to a tenant in an eviction petition, the Delhi High Court has observed that when the landlord placed medical records of his various illnesses and the site plan of premises showed lack of alternate accommodation, the Trial Court should not have considered them as triable issues. In doing so, the …

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It
3 months, 2 weeks ago

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It

Live Law  

The Delhi High Court has imposed a cost of Rs. In reality, while the petitioner ostensibly seeks contempt proceedings, it is attempting to secure a judicial review of the investigation methodology through the back door, which cannot be entertained.” Background: The petitioner-company, Forech India Pvt Ltd, was investigated by the CCI regarding alleged existence of a bid-rigging cartel in the …

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit
5 months, 2 weeks ago

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit

Live Law  

The Delhi High Court allows a Review Petition filed by the Respondents seeking review of its order directing the Respondent to recall the appointment of a candidate. The Court held that the Respondent was required to issue an appointment letter to the Petitioner as per his respective merit in the respective LDCE, even though the Petitioner was not informed of …

Sub-lease Agreement Excluded Disputes Related To Public Premise From Arbitration, Making Them Non-Arbitrable: Delhi High Court
1 year ago

Sub-lease Agreement Excluded Disputes Related To Public Premise From Arbitration, Making Them Non-Arbitrable: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that arbitral tribunal should generally be the primary authority to determine non-arbitrability, except in cases where claims were manifestly and ex facie non-arbitrable. Brief Facts: The Petitioner approached the Delhi High Court and filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment …

Delhi CM Residence Renovation: High Court Grants Interim Protection To PWD Officials Facing Show Cause Notices
1 year, 6 months ago

Delhi CM Residence Renovation: High Court Grants Interim Protection To PWD Officials Facing Show Cause Notices

Live Law  

The Delhi High Court on Friday ordered that no coercive steps be taken by any authority against six PWD officials who have challenged the show cause notices issued to them by the Delhi Government’s Vigilance department over alleged gross violations of rules in the renovation work undertaken at the official residence of Chief Minister Arvind Kejriwal.Justice Chandra Dhari Singh observed. …

Supreme Court stay on Haldwani evictions draws attention to need for laws
2 years, 2 months ago

Supreme Court stay on Haldwani evictions draws attention to need for laws

The Hindu  

Published : Jan 24, 2023 14:49 IST On January 5 last month, the Supreme Court stayed the forcible eviction of over 4,000 families, mostly Muslims, from Haldwani in Uttarakhand for purportedly occupying land belonging to the Railways. “Not only will this help settle the present confusion about the state of the law, but it would also deal with the recent …

[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers
2 years, 5 months ago

[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers

Live Law  

The Delhi High Court has set out the various factors that are necessary to be taken into consideration by the appellate authority under the Senior Citizens Act, 2007 while dealing with an application seeking stay in a pending appeal against an eviction order.Justice Yashwant Varma observed that in such cases, the appellate authority would have to consider the nature of …

HC Rejects to Vacate Stay on Order Asking Delhi Govt to Decide Giving Rent for Poor During Covid
2 years, 8 months ago

HC Rejects to Vacate Stay on Order Asking Delhi Govt to Decide Giving Rent for Poor During Covid

News 18  

The Delhi High Court Tuesday dismissed a plea seeking to vacate the stay granted on an order directing the AAP government to decide and formulate a policy on the implementation of Chief Minister Arvind Kejriwal’s announcement that if a poor tenant was unable to pay rent during the COVID-19 pandemic, the state would pay it. There are 100s of things …

Delhi High Court Quashes Reassessment Order Issued Without Considering The Reply Filed By The Assessee
2 years, 9 months ago

Delhi High Court Quashes Reassessment Order Issued Without Considering The Reply Filed By The Assessee

Live Law  

The Delhi High Court, consisting of Justice Manmohan and Justice Manmeet Preetam Singh Arora, has quashed the reassessment order issued without considering the reply filed by the assessee. The department submitted that the petitioner's reply was not taken into consideration while passing the impugned order under Section 148A of the Income Tax Act. The court directed the assessing officer to …

Supreme Court halts eviction drive in Delhi’s Jahangirpuri
2 years, 11 months ago

Supreme Court halts eviction drive in Delhi’s Jahangirpuri

The Hindu  

The Supreme Court intervened twice on Wednesday to pause the advancement of bulldozers in Delhi’s Jahangirpuri for an anti-encroachment drive, but not before several makeshift kiosks and shops lining the area that witnessed a communal clash on Saturday were razed by civic authorities. A Bench led by Chief Justice of India N.V. Ramana ordered that “status quo, as exists today, …

Delhi HC Concerned Over Execution Of Eviction Orders Under Senior Citizens Rules Before Expiry Of Limitation To File Appeal, Calls For Directions
3 years, 3 months ago

Delhi HC Concerned Over Execution Of Eviction Orders Under Senior Citizens Rules Before Expiry Of Limitation To File Appeal, Calls For Directions

Live Law  

The Delhi High Court has asked the Principal Secretary of the Delhi Government to issue appropriate directions in matters where eviction orders passed under Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 are sought to be executed even before expiry of the limitation period to file statutory appeal. Justice Rekha Palli, who was of the view that the …

Delhi Riots- District & Sessions Judge Sets Aside Order Saying Police Commissioner Shall Be Personally Liable To Cost For Delay In Compliance Of Orders By IO
3 years, 5 months ago

Delhi Riots- District & Sessions Judge Sets Aside Order Saying Police Commissioner Shall Be Personally Liable To Cost For Delay In Compliance Of Orders By IO

Live Law  

The Principal District & Sessions Judge, North East District of Karkardooma Court on Monday set aside an order by which a CMM Court had cautioned the Deputy Commissioner of Police and Commissioner of Police that it will hold them personally responsible for imposition of cost in case the investigating officers seek adjournment for compliance of the orders passed in a …

Delhi High Court Upholds Order Of Interim Maintenance To Alleged Live-In Partner Of Married Man Under DV Act
3 years, 9 months ago

Delhi High Court Upholds Order Of Interim Maintenance To Alleged Live-In Partner Of Married Man Under DV Act

Live Law  

The Delhi High Court recently upheld the order of an Additional Session Judge directing a married man to pay ad-interim maintenance under the Protection of Women from Domestic Violence Act, 2005 to a woman claiming to be his live-in partner. Findings At the outset, the Court observed that in order to maintain a petitioner under the DV Act, the aggrieved …

Rent Control Act: HC Cannot Interfere With Finding Of Fact In Revisional Jurisdiction Unless There Is Perversity Or Misappreciation of Evidence: SC [Read Judgment]
4 years, 9 months ago

Rent Control Act: HC Cannot Interfere With Finding Of Fact In Revisional Jurisdiction Unless There Is Perversity Or Misappreciation of Evidence: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the High Court, in its revisional jurisdiction conferred by Section 20 of the Kerala Building Act, cannot interfere with the finding of fact by Appellate Authority, unless there is perversity or misappreciation of evidence by it. Interfering with this finding of fact, again, without any perversity or misappreciation of evidence by the Appellate Authority …

Delhi HC Allows Interim Reoccupation To Debtor of Property Securitized By Bank, Due To Nationwide Lockdown [Read Order]
4 years, 11 months ago

Delhi HC Allows Interim Reoccupation To Debtor of Property Securitized By Bank, Due To Nationwide Lockdown [Read Order]

Live Law  

Delhi High Court has allowed a family to reoccupy a floor of the property, which was securitised by IIFL Home Finance Limited under Section 14 of SARFAESI Act, due to the extraordinary circumstances caused by nationwide lockdown. While allowing the Petitioner one floor of the property, the Division Bench of Justice Rajiv Sahai Endlaw and Justice Manoj Kumar Ohri has …

SC Orders Status Quo On Allahabad HC Direction To Evict 28 Anglo Indian Families From Lease Land In Prayagraj [Read Order]
5 years, 4 months ago

SC Orders Status Quo On Allahabad HC Direction To Evict 28 Anglo Indian Families From Lease Land In Prayagraj [Read Order]

Live Law  

In a temporary relief to 28 Anglo-Indian families who were facing the threat of eviction following a direction of Allahabad High Court, the Supreme Court on November 22 directed to maintain status quo for the time being. A bench comprising Justices R F Nariman and S Ravindra Bhat on Friday issued notice on a plea filed against the order of …

Delhi HC Repels Challenge Against Rules Enabling District Magistrate To Evict Children Who Do Not Provide Maintenance To Parents [Read Judgment]
5 years, 10 months ago

Delhi HC Repels Challenge Against Rules Enabling District Magistrate To Evict Children Who Do Not Provide Maintenance To Parents [Read Judgment]

Live Law  

The Delhi High Court on Friday dismissed a petition seeking to quash the Rules 22 and 22 of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2016 for being ultra-vires the parent Act of 2007 and the Constitution. The bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao noted that section 22 of the Act …

Parents Can Seek Child’s Eviction from Any Type Of Property On Grounds Of Non-Maintenance & Ill-Treatment: Delhi HC [Read Order]
6 years, 4 months ago

Parents Can Seek Child’s Eviction from Any Type Of Property On Grounds Of Non-Maintenance & Ill-Treatment: Delhi HC [Read Order]

Live Law  

The Delhi High Court has held that a parent can seek eviction of his children and legal heirs from any type of property, on grounds of non-maintenance and ill-treatment.Justice Vibhu Bakhru asserted, “The Clause as it stands today expressly permits a citizen/parent to make an application for eviction of his son, daughter and legal heir from the property of any …

Parents Can Seek Child’s Eviction from Any Type Of Property On Grounds Of Non-Maintenance & Ill-Treatment: Delhi HC [Read Order]
6 years, 4 months ago

Parents Can Seek Child’s Eviction from Any Type Of Property On Grounds Of Non-Maintenance & Ill-Treatment: Delhi HC [Read Order]

Live Law  

The Delhi High Court has held that a parent can seek eviction of his children and legal heirs from any type of property, on grounds of non-maintenance and ill-treatment.Justice Vibhu Bakhru asserted, “The Clause as it stands today expressly permits a citizen/parent to make an application for eviction of his son, daughter and legal heir from the property of any …

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