Advocates Club

Tagged: Delhi High Court

Civil Law

DELHI HIGH COURT – THE LITIGATING PARTIES CANNOT ENTER INTO A COMPROMISE WHICH AFFECTS THE INTEREST OF THIRD PARTIES

Delhi High Court Date of Judgement: 18.03.2016 It is an elementary principle of law that no relief can be granted in a suit against a party not impleaded as a defendant. The litigating parties cannot enter into a compromise which affects the interest of third parties or casts a liability on them. It is the duty of a Judge to...

Civil Law / Property Law

DELHI HIGH COURT – ADMISSIBILITY OF UNREGISTERED LEASE DEED IN EVIDENCE

Delhi High Court Date of Judgement: 30.09.2015 If a lease is not registered then no clause of the lease including the clause stipulating the period of the lease can be enforced. (Para 13) Since the lease deed was neither sufficiently stamped nor registered, the lease-deed is inadmissible in evidence and cannot be looked into for any purpose and no term of...

Civil Law / Property Law

DELHI HIGH COURT – BREACH OF CONDITIONS OF LEASE ENTITLES OPPOSITE PARTY TO TERMINATE LEASE AND WHERE BREACH IS BY TENANT, LANDLORD GETS RIGHT TO TERMINATE LEASE

Delhi High Court Date of Judgement: 12.08.2015 Transfer of Property Act, 1882 — Sections 106 and 111 — Banking Regulations Act, 1949 — Section 44A and Section 45 — Tenancy — Eviction — Assignment of tenancy rights by tenant — Lease-deed prohibits sub-letting/assignment without prior written consent of lessor — Breach of condition of lease entitles opposite party to terminate lease...

Cheque Bounce

DELHI HIGH COURT – SECURITY CHEQUE – THE SECURITY CHEQUE MAY BE ENFORCED IN THE EVENT OF FAILURE OF THE DEBTOR TO PAY THE DEBT OR DISCHARGE OTHER LIABILITY ON THE DUE DATE

Delhi High Court Date of Judgement: 14.05.2015 It makes no difference whether, or not, there is an express understanding between the parties that the security may be enforced in the event of failure of the debtor to pay the debt or discharge other liability on the due date. Even if there is no such express agreement, the mere fact that the...

Matrimonial Law

DELHI HIGH COURT – SECTION 24 OF HINDU MARRIAGE ACT – AD-INTERIM MAINTENANCE – WIFE IS ENTITLED TO SAME STANDARD OF LIVING WHICH SHE WAS ENTITLED TO LIVE ALONG WITH HER HUSBAND

Delhi High Court Date of Judgement: 03.03.2015 Hindu Marriage Act 1955 – Section 24 – Ad-interim maintenance – Quantum of – Respondent (Husband) has filed divorce petition seeking dissolution of marriage on the grounds of cruelty and desertion – Respondent (Husband) has not been truthful in revealing his correct income and it is only a false statement made by respondent that...

Cheque Bounce / Criminal Law

DELHI HIGH COURT – BAILABLE OFFENCE & DECLARATION OF PROCLAIMED OFFENDER UNDER SECTION 82 & 83 OF CR.P.C & SECTION 174A OF INDIAN PENAL CODE

Delhi High Court Date of Judgement: 22.05.2014 The brief facts of the case are that the petitioner/ complainant lodged FIR under Sections 325/34 IPC and Vide order dated 09.12.2010, learned Metropolitan Magistrate, Delhi issued process under Section 82 Cr.P.C. against Respondent No. 2 and directed for publication in one leading newspaper having circulation in the concerned area. The Respondent No....