...H.R Khanna, J.— This is a petition for a writ of habeas corpus by Gian Devi who has been ordered to be detained in Nari Niketan, Delhi.2. Gian Devi petitioner...Rani. The allegation in that case was that Gian Devi had been residing in the house of Ganga Saran, who is the Vice-Principal of a college, in connection with her studies. Gian Devi developed intimacy...Singh's house and took away Gian Devi. Ram Kali and Usha Rani were stated to have abetted the enticing away of Gian Devi. It was also alleged that after Sheesh Pal Singh had brought Gian Devi from...

...qua a commercial tenancy in the State of Delhi before the declaration of law by the Supreme Court in Gian Devi Anand v. Jeevan Kumar...that commercial tenancy in the State of Delhi was heritable in view of the law declared by this Court in the case of Gian Devi Anand case (1985...which had obtained finality. The executing court could not refuse to execute the decree passed by the civil court only because subsequently the Supreme Court in Gian Devi Anand case...

...) 2 SCC 573, and (iii) Gian Devi Anand v. Jeevan Kumar (1985) 2 SCC 683. The second set also has three decisions. Those are (i...Ladha (1978) 2 SCC 573 took a contrary view but later in Gian Devi Anand (1985) 2 SCC 683 a Constitution Bench overruled Ganpat Ladha (1978) 2 SCC 573 and approved Damadilal (1976) 4 SCC 855, thus...premises.39. Gian Devi (1985) 2 SCC 683 is a decision by a Constitution Bench of five Judges. The case arose under the Delhi Rent Control Act, 1958 and the tenanted premises...

.... He died leaving behind her widow Smt. Gian Devi and Lachhman as legal heirs. Thereafter, proforma defendant No. 3-Lachhman sold his 1/3 share to Ram Dhan vide registered sale deed being vasika No.... 4546 dated 13.01.1981 and in this regard mutation No. 2440 was entered and sanctioned. In the year 1985, plaintiff and her mother Smt. Gian Devi were in need of money and her mother Gian Devi mortgaged...her 1/3 share orally to Ram Dhan and he obtained the possession of 1/3 share of Smt. Gian Devi as mortgagee. Thereafter, Ram Dhan on 04.02.1985 managed to bring Smt. Gian Devi associated with her in...

...1. This is a reference arising out of proceedings under Section 145 of the Cr PC, initiated by Mt. Gian Devi against Atma Singh who claimed himself to be the chela of Chetan Deva...Chetan Deva. Chetan Deva died on 23rd December, 1945. It is admitted that Mt. Gian Devi used to live in this house with Chetan Deva. Atma Singh alleges that Chetan Deva executed a will in his favour. This...installed as a Mahant by the other Mahants of his brotherhood. According to Mt. Gian Devi, she has been in possession throughout after the death of Chetan Deva. On her behalf, three unregistered rent-notes...

...Order1. The decision of the Constitution Bench in Gian Devi Anand Smt v. Jeevan Kumar (1985) 2 SCC...Rents, Hotel and Lodging House Rates Control Act, 1947 regarding the nature of statutory tenants and its heritability. The Court has held in Smt Gian Devi Anand case (1985) 2 SCC 683...tenant was heritable. In view of the decision of the Constitution Bench in Smt Gian Devi Anand case (1985) 2 SCC 683, AIR 1985 SC...

...decision, namely, Harbilas Rai (1996) 1 SCC 1 had also considered another decision of this Court in Gian Devi Anand v. Jeevan Kumar (1985) 2...SCC 683. In Gian Devi Anand (1985) 2 SCC 683, this Court also felt the difficulty of the landlord to evict his tenant in respect of a non-residential premises. While considering this aspect, this Court...in that decision observed as under: (Gian Devi Anand case (1985) 2 SCC 683)“39. … The...

..., husband of respondent-2. Smt. Gian Devi petitioner-3 having died, her name be struck off from the array of petitioners. Vide this criminal miscellaneous Under Section 482, Code of...Gian Devi petitioners-3. Both of them gave an undertaking that the ornaments would remain in trust with them and would be returned as and when demanded by respondents-2. The ornaments, in fact, were...handed over to Sunder Lal petitioner-6 who made over the same to Gian Devi petitioners-3. Sometime thereafter a cash amount of Rs. 70,000/- was also kept in trust with Sunder Lal and Gian Devi by...

...judgment of the Apex Court in Gian Devi ggng v. Jeevan Kumar and others (1985) 2 5.6.3., 683 the findings of the two courts below...cannot be sustained. It was further pointed out that the proposition laid down by the Apex Court in Gian Devi Anand (supra):;terated by the Apex Court in Narain and others v. Om Prakash...Gupta (A.I.R. 1987 5.0., 1602). The Apex Court in Gian Devi Anand's case (supra) has held that in the absence of explicit provision to the contrary restricting the inheritance of...

...Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234, a three-Judge Bench of the Supreme Court has held that if a girl...marriage is solemnized or not, as held by the Supreme Court in Gian Devi (supra) that if a girl has attained the age of majority, no one including her parents have right to object against her...

.... Kalimuddin PW-3 would establish that he was the Quazi who performed the Nikaah between Mohd. Anish and Manju @ Shaheen on June 05, 2009. The testimony of Gian Devi PW-12 and her husband Babu Ram PW-13, the...parents of unfortunate Manju establishes that Manju ran away and got married to Mohd. Anish. As per them, to save their reputation they did not lodge any complaint with the police. As per Gian Devi after...market she had met Manju who complained of being harassed for dowry.10. It needs to be noted that as per Gian Devi and her husband Babu Ram after their daughter eloped and got married she...

...the Quazi who performed the Nikaah between Mohd.Anish and Manju @Shaheen on June 05, 2009. The testimony of Gian Devi PW-12 and her husband Babu Ram PW-13, the parents of unfortunate Manju...establishes that Manju ran away and got married to Mohd.Anish. As per them, to save their reputation they did not lodge any complaint with the police. As per Gian Devi after about 10-15 days of the Nikaah when...being harassed for dowry. 10. It needs to be noted that as per Gian Devi and her husband Babu Ram after their daughter eloped and got married she and her husband started residing at...

...Gian Devi Anand v. Jeevan Kumar (1985) 2 SCC 683 somewhat different note was struck. The question recently fell for consideration before a three-Judge Bench of this Court in...

...this Court in Gian Devi Anand v. Jeevan Kumar (1985) 2 SCC 683 observed as under:“39. Before concluding...advisability of making the bona fide requirement of the landlord a ground of eviction in respect of commercial premises as well.”17. In Gian Devi case (1985) 2 SCC...

...Damadilal v. Parashram (1976) 4 SCC 855 and Gian Devi Anand v. Jeevan Kumar (1985) 2 SCC 683 have...Gian Devi Anand v. Jeevan Kumar (1985) 2 SCC 683 have held that there is no distinction between a statutory tenant and a contractual tenant and both are heritable.... This is so even under Section 2(l) of the Act, before its amendment. It has been further held in Gian Devi Anand case (1985) 2 SCC 683 that the statutory tenancy of a commercial premises (non...

...V.K Jhanji, J. — One Gian Devi was the plaintiff in a suit for declaration. She died on 19.3.1991 An application was moved by the present respondents on 12.12.1991 for being impleaded as...legal representatives of the deceased, Gian Devi. The said application was contested by the defendant (petitioner herein) on the ground that the same was filed beyond the period of limitation. The...

...decision of this Court in the case of Gian Devi Anand v. Jeevan Kumar (1985) 2 SCC 683. In that view of the matter the ground upon which the...

...the death of the tenant, went up in appeal and the Appellate Authority held that in view of the Supreme Court judgment in Gian Devi v. Jiwan...the proceedings. Now he cannot be held to be a sub-tenant. Otherwise the rule laid down by the Supreme Court in Gian Devi's case (supra) would become meaningless. Accordingly, I am of the view that the...

.... In Gian Devi Anand v. Jeevan Kumar (1985) 2 SCC 683 the Supreme Court considered the question whether the statutory tenancy in respect of...deciding the question of sub-letting afresh after affording opportunity to the parties to lead evidence. Smt Gian Devi Anand, the widow of the deceased tenant appealed against the order of the...observations contained in the concluding portion of the judgment in Gian Devi Anand v. Jeevan Kumar (1985) 2 SCC 683. This is evident from...

...Gian Devi Anand v. Jeevan Kumar (1985) 2 SCC 683 statutory tenancy is heritable. The widow and the children of the tenant would step into the shoes of the tenant...