TENANT OBLIGATED TO VACATE PROPERTY FOR LANDLORD’S BONAFIDE USE: ALLAHABAD HC
Case Name: Zulfikar Ahmad And 7 Ors. Vs. Jahangir Alam
The petitioner, a tenant, approached the High Court after the landlord’s release application to order the tenant to vacate the property to set up a vehicle repair business in that place, was allowed by the Prescribed Authority. The court upheld the authority’s decision while observing that when a genuine need has arisen for a landlord to utilize the property for personal use, the tenant must vacate it and its interference under Article 227 is not required.
Legal Provisions:
- Article 227, Constitution of India-Superintendence over all courts by the High Court.
Source: ALLAHABAD HIGH COURT
SERIOUS SEXUAL ASSAULT CASES CAN NOT BE QUASHED EVEN WITH VICTIM’S CONSENT: KERALA HIGH COURT
Case Name: X Vs. State Of Kerala and Ors.
While relying on the case of Ramji Lal Bairwa & Anr. Vs. State of Rajasthan & Ors, the court dismissed a petition filed by the victim under Section 528 of BNSS to quash proceedings against the accused of the offenses under the Indian Penal Code and Protection of Children from Sexual Offence Act noting that such serious crimes are not only against the public but also against the interests of children.
Legal Provisions:
- Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023-Saving of inherent powers of High Court.
Source: KERALA HIGH COURT
BAIL CAN NOT BE MADE CONDITIONAL ON MAINTENANCE PAYMENT IN MATRIMONIAL DISPUTES: SUPREME COURT
Case Name: Srikant Kumar Vs. The State Of Bihar & Anr
The Court stated that when a person applies for bail, the conditions imposed must ensure that he does not flee from justice and is available for trial. Conditions like payment of maintenance of Rs 4000/- per month to wife in matrimonial cases which are unrelated to anticipatory bail are not appropriate under Section 438 of CrPC.
Legal Provisions:
- Section 438, The Code of Criminal Procedure, 1973- Direction for grant of bail to person apprehending arrest.
Source: SUPREME COURT
Also Read– (DAILY CURRENT AFFAIRS 14 JANUARY 2025)
WRITTEN BY – Veera Syamala Devi Nandikanuma
EDITOR – Vishakha Khatri