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STREET LEGAL 11-01-2006

Ground control Knot valid Pension claim

The Telegraph Online Published 11.01.06, 12:00 AM

Ground control

A landlord filed a suit under Section 10 of the Rajasthan Rent Control Act that enables a senior citizen with a permanent disability to evict a tenant occupying the ground floor of his or her house. The trial court refused relief under Section 10 but passed a decree of eviction under Section 9 with the help of which a landlord could plead any general ground of bona fide requirement. The tenant appealed to the Rajasthan High Court, which held that since it was established that the landlord was a senior citizen with a disability, the mere failure to satisfy the specific requirements under Section 10 did not disentitle him to seek relief under Section 9 (Heera Lal vs Rent Tribunal Bikaner).

Knot valid

The Orissa High Court upheld an order rejecting the prayer for restitution of conjugal rights as the woman failed to establish the validity of her marriage. The husband denied he was married to her and contended that her motive was to blackmail him. The woman failed to produce any relevant documents. Under the circumstances, the court held that her suit could not be entertained as a valid marriage is the foremost condition of restitution of conjugal rights (Smt Satyabhama Pradhan vs Sidhartha Sahoo).

Pension claim

A BSF constable was refused disability pension because the disease he was suffering from was not included in the schedule of diseases in the Central Civil (Extraordinary Pension) Service Rules. The Kerala High Court ruled that since the medical board had declared him unable to continue with his service, denying him pension would be unjustified. It further said that the rules empowered the board to assess disability in certain diseases not included in the schedule (Vijoy vs Director General BSF).

SOLON

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