Allahabad HC: Police Report in Non-Cognizable Offence is a Complaint; Accused Must Be Heard First  ||  Kerala HC: Hospitals Must Display Rates and Cannot Deny Emergency Care For Lack of Advance Payment  ||  Orissa HC: Convict’s Refusal to Appeal Through Legal Aid Must be Recorded in Writing  ||  SC Halts Deer Translocation From Delhi’s AN Jha Park And Orders a Probe into DDA Negligence  ||  Supreme Court: The Growing Trend of Succeeding Benches Overturning Earlier Judgments is Troubling  ||  SC: Administrative Orders Must be Based on Stated Reasons and Cannot Add New Grounds Later  ||  HP HC: Mixing Contraband Pouches Before Sampling Raises Serious Doubts About Accused's Possession  ||  Bombay HC: Drug Names Using International Non-Proprietary Names Cannot be Monopolized  ||  Delhi High Court: Assets From Illegal Cricket Betting are Proceeds of Crime Attachable by ED  ||  Delhi HC: Extension to Issue SCN U/S 110 of The Customs Act Must be Granted Before Six Months Expire    

New Delhi Municipal Council v. Prominent Hotels Limited - (High Court of Delhi) (11 Sep 2015)

Prominent Hotels Ltd. suit for injunction against eviction not maintainable

MANU/DE/2625/2015

Commercial

Setting aside the judgment of the trial court, the Delhi High Court pronounced Prominent Hotels’ suit for declaration and injunction against the NDMC was not maintainable. Terming the trial court’s decision to decree the suit ‘perverse’ and in ‘flagrant violation of the principles of law’, the Court noted the Respondent had clearly breached the terms of the contract signed by it, and was barred from instituting a suit for unauthorised occupation of public premises. The Court in its decanter directed trial courts to assess frivolous litigation pending before them and submit a report enumerating the same within two months from the date of the order.

Relevant : Ramrameshwari Devi v. Nirmala Devi & Ors. MANU/SC/0714/2011 Maria Margarida Sequeria Fernandes v. Erasmo Jack de Sequeria MANU/SC/0225/2012 Thomas Cook (India) Ltd. v. Hotel Imperial MANU/DE/0298/2006

Tags : HOTEL   EVICTION   LEASE   MAINTAINABILITY   SUIT  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved