Title : Vacant Possession to Landlord
State : Karnataka
Year : 2001
Notwithstanding anything contained in any other law, where the interest of a tenant in any premises is determined for any reason whatever and an order is made by the Court under this Act for the recovery of possession of such premises, the order shall subject to the provisions of section 34, be binding on all persons who may be in occupation of the premises and vacant possession thereof shall be given to the landlord by evicting all such persons therefrom: Provided that nothing in this section shall apply to any person who has an independent title to such premises. View Complete Act List Judgments citing this sectionTitle : Court to Promote Negotiated Settlement of Disputes
State : Karnataka
Year : 2001
(1) The Court shall, in all cases where the respondent enters or is permitted to enter defence against the application, at any time before the evidence is recorded in the case, endeavour to bring about a negotiated settlement of the dispute between the parties, in appropriate cases, by referring them to the appropriate Authority under the Legal Services Authorities Act, 1987 (Central Act 39 of 1987) (2) Without prejudice to the provisions of sub-section (1) and subject to such rules as may be prescribed, the Court shall follow such procedure as it deems proper to promote a compromise expeditiously (3) Where there has been a settlement of the case by compromise, the court shall record the terms of the compromise and pass final order in those terms. View Complete Act List Judgments citing this sectionTitle : Procedure in Appeals
State : Karnataka
Year : 2001
(1) In computing the period specified in this Act for filing appeals, the time taken to obtain certified copies of the order appealed againt shall be excluded. (2) The provisions of section 5 of the Limitation Act, 1963, shall be applicable to appeals under this Act. (3) On an appeal being preferred under this Act, the Deputy Commissioner or the Assistant Commissioner, as the case may be, may order stay of further proceeding in the matter pending decision on the appeal. (4) the Deputy Commissioner or the Assistant Commissioner as the case may be, shall send for the records of the case from the controller and after giving the parties an opportunity of being heard and if necessary after making such further enquiry as he thinks fit either himself through the Controller, shall decide..... View Complete Act List Judgments citing this sectionTitle : Rules and Notifications to Be Laid Before the State Legislature
State : Karnataka
Year : 2001
Every rule made under this Act and notification issued under section 2 or under section 68, shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is also laid or the session immediately following, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule of notification shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so however that any such modification or annulment shall be without prejudice to the validity of anything previously..... View Complete Act List Judgments citing this sectionTitle : Repeal and Savings
State : Karnataka
Year : 2001
(1) The Karnataka Rent Control Act, 1961 (Karnataka Act 32 of 1961) is hereby repealed. (2) Notwithstanding such repeal and subject to the provisions of section 69,- (a) all proceedings in execution of any decree or order passed under the repealed Act, and pending at the commencement of this Act, in any Court shall be continued and disposed off by such Court as if the said enactment had not been repealed ; (b) all cases and proceedings other than those referred to in clause (a) pending at the commencement of this Act before the Controller, Deputy Commissioner, Divisional Commissioner, Court, District Judge or the High Court or other authority, as the case may be in respect of the premises to which this Act applies shall be continued and disposed off by such Controller, Deputy..... View Complete Act List Judgments citing this sectionTitle : Offences by Companies Etc
State : Karnataka
Year : 2001
(1) Where an offence under this Act is committed by a company, the company, as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed with the consent or connivance of, or that commission of the offence is attributable to any..... View Complete Act List Judgments citing this sectionTitle : Registration of Tenancy Agreement
State : Karnataka
Year : 2001
(1) Notwithstanding anything contained in section 107 of the Transfer of Property Act, 1882 (Central Act 4 of 1882), no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing. (2) Every agreement referred to in sub-section (1) or required to be registered under sub-section (3) shall be registered under the Registration Act, 1908 (Central Act 16 of 1908), within such period as may be prescribed and for this purpose the agreement shall be deemed to be a document for which registration is compulsory under section 17 of the said Act. (3) Where, in relation to a tenancy created before the commencement of this Act,- (a) an agreement in writing was entered into and was not registered under the Registration Act, 1908 (Central..... View Complete Act List Judgments citing this sectionTitle : Right to Recover Immediate Possession of Premises to Accrue to Members of the Armed Forces, Etc.
State : Karnataka
Year : 2001
(1) Where the landlord,- (a) is a released or retired person from any armed forces and the premises let out by him his spouse or his dependent son or daughter are required for his own use; or (b) is a dependent of a member of any armed forces who had been killed in action and the premises let out by such member are required for the use of the family of such member, such person his spouse or his dependent son or daughter, as the case may be, may, within one year from the date of his release or retirement from such armed forces or, as the case may be, the date of death of such member, or within a period of one year from the date of commencement of this Act, whichever is later, apply to the Court for recovering the immediate possession of such premises. (2) Where the landlord is a..... View Complete Act List Judgments citing this sectionTitle : Right to Recover Immediate Possession of Premises to Accrue to a Widow
State : Karnataka
Year : 2001
(1) Where the landlord is,- (a) a widow and the premises let out by her, or by her husband; (b) a handicapped person and the premises let out by him; (c) a person who is of the age of sixty-five years or more and the premises let out by him,is required for use by her or him or for her or his family or for any one for ordinarily living with her or him for use, she or he may apply to the Court for recovery of immediate possession of such premises. (2) Where the landlord referred to in sub-section (1) has let out more than one premises, it shall be open to him to make an application under that sub-section in respect of any one residential and one non-residential premises each chosen by him. Explanation-I.- For the purposes this section, handicapped person shall mean a person who..... View Complete Act List Judgments citing this sectionTitle : Procedure to Be Followed by the Court
State : Karnataka
Year : 2001
(1) No order which prejudicially affects any person shall be made by the Court under this Act without giving him a reasonable opportunity of showing cause against the order proposed to be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the Court. (2) Subject to any rules that may be made under this Act and the other provisions of this Act, the Court shall, while holding an inquiry in any proceeding before it, follow as far as may be the practice and procedure of a Court of Small Causes, including recording of evidence. (3) The Court shall not ordinarily allow more than three adjournments at the request of a party throughout the proceedings and in case it decides otherwise it shall record its reasons therefor and..... View Complete Act List Judgments citing this section