Gauhati HC: DRT Has to Dispose of Application under Section 17 of SARFAESI Act as per RDB Act  ||  Kerala HC: Showing or Waving Black Flag to a Person Cannot Amount to Defamation  ||  Del. HC: Merit Based Review of Arb. Award Involving Reappraisal of Factual Findings is Impermissible  ||  Del. HC: It is the Product and Not the Technology Used that Determines HSN Classification  ||  P&H HC: Provis. of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules are Unconstitutional  ||  Cal HC: High Time that Irretrievable Breakdown of Marriage be Read as Grounds of Desertion & Cruelty  ||  Supreme Court: Third Party Can File SLP Against Quashing Of Criminal Proceedings  ||  SC: Absolute Ownership in Property as Per HSA Can’t be Claimed by Woman with Limited Interest  ||  SC: Can’t Forego Fundamental Requirements of Election of Society in Absence of Specific Provisions  ||  SC: Special Efforts Should be Made to Identify Women Prisoners Eligible for Release u/s 479 of BNSS    

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 2024 - All Rights Reserved