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Start Free TrialKarnataka Rent Control Act, 2001 Chapter VI
Title: Regulation of Eviction
State: Karnataka
Year: 2001
.....permissible under law, utilize the built up area equal to the previous area for the original use to the extent required for the purpose of sub-section (1) of section 35 and the rest for any other use; (f) that the premises or any part thereof are required by the landlord for the purpose of immediate demolition ordered by the Government or any local authority or the premises are required by the landlord to carry out any building work at the instance of the Government or a local authority in pursuance of any improvement scheme or development scheme and that such building work cannot be carried out without the premises being vacated; (g) that the premises or any part thereof are required by the landlord for carrying out any repairs which cannot be carried out without the premises being vacated; (h) that the premises are required by the landlord for the purpose of building or re-building or make thereto any substantial addition or alteration including construction on the terrace of the premises or on the appurtenant land and that such building or re-building or addition or alteration cannot be carried out without the premises being vacated; (i) that the premises consist.....
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 27
Title: Protection of Tenants Against Eviction
State: Karnataka
Year: 2001
.....this clause, if the tenant, within such time as may be specified in this behalf by the Court, carries out repairs to the damage caused to the satisfaction of the Court or pays to the landlord such amount by way of compensation as the Court may direct; (m) that the tenant or any person residing or carrying on business with the tenant has been convicted of causing nuisance or annoyance to a person living in the neighbourhood of the premises or has been convicted of using or allowing the use of the premises for an immoral or illegal purpose; (n) that the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government or the Local Authority while giving him a lease of the land on which the premises are situate: Provided that no order for the recovery of possession of any premises shall be made on this ground if the tenant, within such time as may be specified in this behalf by the Court, complies with the condition imposed on the landlord by any of the authorities referred to in this clause or pays to the authority imposing such conditions the amount by way of compensation as the.....
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 42
Title: Procedure to Be Followed by the Court
State: Karnataka
Year: 2001
.....eviction on the ground aforesaid. (c) the Court shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the premises. (d) where leave is granted to the tenant to contest the application, the Court shall ordinarily commence the hearing of the application within seven days of the grant of such leave and shall provide day-to-day hearing and dispose off the application within thirty days of commencement of such hearing. Failing such commencement of hearing or disposal of application within such time, the Court shall make a record of its reasons therefor. (e) where the leave to contest under clause (c) is denied to the tenant, he may file an application for review before the Court within ten days of such denial and the Court shall endeavour to dispose of such application within seven days of its filing. (7) Every application made to the Court shall be heard as expeditiously as possible and endeavour shall be made to conclude the hearing and to dispose off the application within six months of it being filed.
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Chapter I
Title: Preliminary
State: Karnataka
Year: 2001
.....as the State Government may, by notification, appoint and different dates may be appointed for different areas or for different provisions of this Act. Section 2 - Application of the Act KARNATAKA RENT CONTROL ACT, 2001Section 2 - Application of the Act (1) Chapters-I to III and Chapter-V to VIII of this Act shall apply to areas specified in the First Schedule. (2) Chapters I, and IV shall apply only to areas specified in the Second Schedule. (3) Nothing contained in this Act shall apply,- (a) to any premises belonging to,- (i) the State Government or the Central Government or a local authority; (ii) a Muzarai or religious or charitable institution; (iii) a Wakf. Explanation.- If any doubt arises whether any institution referred to in sub-clause (ii) and (iii) above is a muzarai or religious or charitable institution or a wakf, the decision of the Divisional Commissioner shall be final. (b) to any building belonging to a Co-operative Society registered or deemed to be registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) or the Multi state Co-operative Societies Act, 1984 (Central Act 51 of 1984); (c) to any building.....
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Chapter VIII
Title: Miscellaneous
State: Karnataka
Year: 2001
.....of this Act. (2) The provisions made by any notification under sub-section (1) shall, subject to the provisions of sections 67 have effect as if enacted in this Act, and any such notification may be made so as to be retrospective to any date not earlier than the date of commencement of this Act- Section 69 - Transfer of pending cases On the commencement of this Act,- (1) all cases pertaining to matters in respect of which the Controller shall have jurisdiction under this Act and pending in the Court under the Karnataka Rent Control Act, 1961 shall stand transferred to the Controller and the Controller may proceed to hear such cases either de-novo or from the stage it was at the time of such transfer. (2) all cases pertaining to matters in respect of which the Court shall have jurisdiction under this Act and pending before the Controller under the Karnataka Rent Control Act, 1961 shall stand transferred to the Court and the Court may proceed to hear such cases either de-novo or from the stage, it was at the time of such transfer. Section 70 - Repeal and Savings (1) The Karnataka Rent Control Act, 1961 (Karnataka Act 32 of 1961) is hereby repealed. (2).....
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 2
Title: Application of the Act
State: Karnataka
Year: 2001
.....or deemed to be registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) or the Multi state Co-operative Societies Act, 1984 (Central Act 51 of 1984); (c) to any building belonging to a Market Committee established under the Karnataka Agricultural Produce Marketing Regulation Act, 1966 (Karnataka Act 29 of 1966); (d) to any tenancy or other like relationship created by a grant from the State Government or the Central Government in respect of any premises taken on lease or requisitioned by the State Government or the Central Government; (e) to any premises, deemed rent on the date of commencement of this Act or the standard rent of which exceeds,- (i) three thousand five hundred rupees per month in any area referred to in part A of the first schedule; and (ii) two thousand rupees per month in any other area. Explanation.- "Deemed rent on the date of commencement of this Act" shall be the rent calculated in the manner provided in section 7, together with revision, if any, as provided in section 9 and decreased in the case of premises constructed after the commencement of this Act at the same rate as the rate of enhancement stipulated in.....
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Chapter VII
Title: Special Obligations of Landlords and Tenants
State: Karnataka
Year: 2001
.....in good and tenantable repairs in relation to matters falling under Part A of Schedule V. Explanation.- Good and tenantable repairs under this section and under section 49 shall mean such repairs as shall keep the premises in the same condition in which it was let out, except for the normal wear and tear. (2) Where any repairs in relation to a matter falling under Part A of Schedule V without which the premises are not habitable or useable except with undue inconvenience are to be made and the landlord neglects or fails to make them within a period of three months after notice in writing, the tenant may apply to the Controller for permission to make such repairs himself and may submit to the Controller an estimate of the cost of such repairs, and, the Controller, may, after giving the landlord an opportunity of being heard and after considering such estimate of the cost and making such inquiries as he may consider necessary, by an order in writing, permit the tenant to make repairs at such cost as may be specified in the order and it shall thereafter be lawful for the tenant to make such repairs himself and to deduct the cost thereof, from the rent or otherwise recover it.....
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 49
Title: Cutting off or Withholding Essential Supply or Service
State: Karnataka
Year: 2001
.....an order directing the landlord to restore the amenities immediately, pending enquiry referred to in sub-section (4). Explanation.- An interim Order may be passed under this sub-section without giving notice to the landlord. (4) If the Controller on inquiry finds that the essential supply or service enjoyed by the tenant in respect of the premises was cut off or withheld by the landlord without just and sufficient cause, he shall make an order directing the landlord to restore such supply or service. (5) The Controller may in his discretion direct that compensation not exceeding fifty rupees,- (a) be paid to the landlord by the tenant, if the application under sub-section (2) was made frivolously or vexatiously; (b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without just and sufficient cause. Explanation I.- In this section, "essential supply or service" includes supply of water, electricity, lights in passage and on staircases, conservancy and sanitary services Explanation II.- For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to.....
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 35
Title: Recovery of Possession for Occupation and Re-entry
State: Karnataka
Year: 2001
(1) Where a land-lord recovers possession of any premises from the tenant in pursuance of an order made under clause (f) of sub-section (2) of section 27, or under sections 28, 29, 30, 31 or 37 the land lord shall not, except with the permission of the Court obtained in the prescribed manner, re-let the whole or any part of the premises within three years from the date of obtaining such possession, and in granting such permission, the Court may direct the landlord or unless the tenant waives the right put such evicted tenant in possession of the premises: Provided that where a landlord recovers possession of any premises from the tenant in pursuance of an order made under clause (r) of sub-section (2) of section 27 for occupation after re-construction or re-building, the period of three years shall be reckoned from the date of completion of re-construction or re-building, as the case may be. (2) Where a landlord recovers possession of any premises as aforesaid and the premises are not occupied by the landlord or by the person for whose benefit the premises are held, within two months of obtaining such possession, or the premises having been so occupied are, at any time.....
View Complete Act List Judgments citing this sectionKarnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 12
Title: Delegation of Powers
State: Karnataka
Year: 2001
The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act, may also be exercised by such officer as may be mentioned therein and subject to such conditions, if any, as may be specified therein.
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