Court : Chennai
..... counsel appearing on, behalf of the petitioner contends that failure to consider the objection of the petitioner co-operative society that the land belong to it has to be excluded from the acquisition proceedings, particularly when the petitioner society purchased the land for their house purpose and the impugned acquisition proceedings also intend for alleged purpose to provide house accommodation. ..... , housing dated 05.04.1978 in publishing notification under section 4(1) of the land acquisition act (hereinafter referred to as the said act) and ..... further contended that even though the petitioner has submitted objections, the second respondent failed to conduct the enquiry under section 5(a) of the act giving personal hearing to the petitioner inspite of specific request. ..... 317, housing and urban development dated 05.05.1981 in issuing declaration under section 6 of the land acquisition act on the file of the first respondent and published in tamil nadu government gazette dated 07.05.1981 and quash the same and forbear the respondents from proceeding with acquisition of the petitioner's land ..... that the petitioner have filed their objection to the notification issued under section 4(1) of the act and participated during the enquiry under section 5a; but the respondents have not forwarded the objections to the requestioning authority, obtained the remarks and furnished the same to the writ petitioner and held a further enquiry before passing declaration under section 6 in g.o.ms.no. .....
Tag this Judgment!Court : Chennai
Reported in : 1998(1)CTC52
..... counsel appearing on, behalf of the petitioner contends that failure to consider the objection of the petitioner co-operative society that the land belong to it has to be excluded from the acquisition proceedings, particularly when the petitioner society purchased the land for their house purpose and the impugned acquisition proceedings also intend for alleged purpose to provide house accommodation. ..... , housing dated 05.04.1978 in publishing notification under section 4(1) of the land acquisition act (hereinafter referred to as the said act) and ..... further contended that even though the petitioner has submitted objections, the second respondent failed to conduct the enquiry under section 5(a) of the act giving personal hearing to the petitioner inspite of specific request. ..... 317, housing and urban development dated 05.05.1981 in issuing declaration under section 6 of the land acquisition act on the file of the first respondent and published in tamil nadu government gazette dated 07.05.1981 and quash the same and forbear the respondents from proceeding with acquisition of the petitioner's land ..... that the petitioner have filed their objection to the notification issued under section 4(1) of the act and participated during the enquiry under section 5a; but the respondents have not forwarded the objections to the requestioning authority, obtained the remarks and furnished the same to the writ petitioner and held a further enquiry before passing declaration under section 6 in g.o.ms.no. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1965Mad207
..... section 2(rr) of act xiv of 1947 declares that wages means "all remuneration capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes (i) such allowances (including dearness allowance) as the workman is for the time being entitled to; (ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional ..... the fact that the grant was made even when the employee was on leave, clearly demonstrates that was a benefit derived by him, and was not merely an equivalent for expenses which had to ..... instructive to compare this definition with the definition in the payment of wages act, 1936, which earlier statute was undoubtedly referred to, when the legislature framed the provisions of the industrial disputes act xiv of 1947. ..... is that we find, as a matter of record, that his benefit was being granted even during periods of leave taken by the employees, when they were not on duty at all. ..... the labour court, before when the petitions instituted claims for benefits, held that the termination of the services of these journalists was the consequence of voluntary retirement in each case, or of attaining the age of superannuating, and that, in any ..... it is no doubt true that, when the matter came up before the bench of this court in this was not a ground of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1982Mad399; (1982)2MLJ174
..... opinion in that case as the relationship of landlord and tenant in respect of house accommodation situated in cantonment areas is clearly covered by the entries in list 1. ..... who enjoys the status of irremovability until he is evicted from the premises under the enabling provisions of the statute that the statutory tenancy will come to an end on either the surrender of the premises by such tenant or after a decree for his eviction is passed against him and therefore, the tenant would be entitled to protect his possession unless evicted in due ..... question whether the law which the state legislature wants to make for the particular state differing from the law made by the centre was necessary or not, and when the validity of the assent of the, president is questioned on the ground that the president has not applied his mind to the consideration which he should take ..... on the following observation in that king his stand that so long case as the contractual tenancy is enforced the tenant does not need any protection under the act and therefore the act is not intended to apply during the currency of the contractual tenancy:'now if the lease of immovable ..... 400 per month is intra vires the state legislature that the section as amended has also been held valid by the full bench in raval's case : air1967mad57 , that the act is a complete code applying to all tenancies whether contractual or statutory that the act does not violate any of the plaintiffs' fundamental right to acquire or own .....
Tag this Judgment!Court : Chennai
Reported in : 1997(3)CTC660
..... judge) while dealing with the delegation of power to extend law relating to housing accommodation prevalent in the state to cantonment areas, it was observed that the delegation of a power to extend even future laws of another state will not be bad so long as they are laws which are already in force in the said area and so long as, in the ..... profitable industry at madras, that being an old establishment the employees have tried to evolve various beneficial schemes for the workmen by is bilateral negotiations with the management, that they had exemption granted under section 17 of the main act as early as from november 1, 1952 since they had a better provident fund scheme in the establishment than under the statute with better and greater benefits and that after negotiations with the management ..... the promulgation of the ordinance, in the is teeth of the pendency of the bill before parliament is said to be not bona fide and unwarranted, particularly when the matter was said to be the subject matter of deliberations by the parliamentarians and tripartite conference consisting of representatives of the central trade unions, employees and the government ..... of india), the apex court held that the, antiquated notion of pension being a bounty, a gratuitous payment depending upon the sweet will or grace of the employer not claimable as a right and, therefore, no right to pension can be enforced through court has been swept under the carpet by the earlier decision in : (1971)illj557sc (supra). .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad350
..... vencatachellum and that the defendant is entitled only to such reasonable rents payable to him or such reasonable rents as may be agreed to or determined from time to time; that the defendant be restrained by a permanent injunction from executing or otherwise enforcing against the plaintiff the order of eviction obtained by him against the plaintiff and from otherwise interfering with the peaceful enjoyment of the premises by the plaintiff; and for costs.2. ..... (temporary) control of rent and eviction act 3 of 1947, section 7(1)(a): the owner's right to hold and dispose of the property is restricted by the provisions of section 7(1)(a) authorising the district magistrate to ask the landlord to let or not to let the accommodation to any person. ..... the order of eviction is not a fraud on the plaintiff's rights as alleged; issue 6 in the negative that the plaintiff is a bare tenant of the suit premises; issues 7 and 8 in the negative that the provisions of the rent control act at variance with the transfer of property act are not illegal and are enforceable; issue 9 in the negative that the owner of p. ..... are the provisions of the bent control act at variance with the transfer of property act, illegal and not enforceable for the reasons set out in paras. ..... when such is the case where is equity in plaintiff who has driven out the defendant from the business, asking to convert as it were the houses into an inam and for which he be made liable to pay as if it were a quit rent. .....
Tag this Judgment!Court : Chennai
Reported in : (1995)1MLJ540
..... being let out without the machinery and equipment and vice versa the machinery alone being hired without the building being rented.thus, it will be seen that for the purpose of running a cinema house, illustration (2) to section 30(iii) of the act is apt and the articles referred to in illustration (2) must be provided by the landlord to claim exemption under ..... is why we think the high court was right in coming to the conclusion that the rent which the appellant had (sic) to the respondent under the (sic) in question cannot be said to be rent payable for any accommodation to which the act applies.in the above case, a similar contention was raised by the tenant that the equipments, fittings, etc. ..... ramachandra iyer what would happen, in this case when there is an eviction of the lessees from the land and building, to the machinery and equipments, etc. ..... down in these cases, when the lease is not only of a building but also includes certain fixtures, machineries, furnitures and other articles belonging to the landlord and which are situate in that building and which would aid the tenant in carrying on a particular business for which the tenancy has been entered into, then, the exemption will apply and the lease will be outside the purview of the act and it is called a composite ..... while discussing the dominant intention of the parties, the supreme court in paragraph 12 observed as follows:what then was the dominant intention of the parties when they entered into the present transaction? .....
Tag this Judgment!Court : Chennai
Reported in : AIR1978Mad126
..... lease is of the building, the fittings and other fixtures merely making for the beneficial enjoyment of and ancillary to the building, as urged by the tenant; or whether the building provides a bare, though appropriately designed, enclosure to house an enterprise, the dominant purpose or real subject of the lease being the cinema, apparatus and fittings including subsidiarily and incidentally, though necessarily, the structure of brick and mortar; and (b) whether the cinema, to fall ..... the fact that a mill situated in a building is not expressly exempted by section 2(1) would hardly make any difference; because no lease can attract the provisions of the act unless it is shown that it is in respect of accommodation as defined in section 3(a) and that must inevitably take us to the question as to whether the present lease falls under section 3(a)(y)(3). ..... the plaintiff had been carrying on a cinema business in this theatre for a long number of years but, when he discontinued, the defendant approached him in january 1952, for the grant of a lease of the building with all the equipment and fittings and furniture necessary for his operating the cinema ... .. ..... what then was the dominant intention of the parties when they entered into the present transaction? .....
Tag this Judgment!Court : Chennai
Reported in : (1987)1MLJ442
..... argument is that since part of the premises is under the control of the accommodation controller, the premises cannot be demolished unless the accommodation controller vacates, and apart from this, having regard to the provisions of section 14(5) of the act, a petition before the rent controller was not maintainable and the proper remedy for the landlords would be to make an application under section 12 of the act or ask for an exemption in respect of the premises from the government.8 ..... the demolition of the out-house can be effected without waiting for the government or the accommodation controller vacating premises which are a ..... that part of the section is also not relevant because when sub-section (5) of section 14 of the act refers to a landlord of a building in respect of which the government shall be deemed to be the tenant, the word 'building' here will have to be construed with reference to the premises which are occupied by the government as a tenant, and wherever government is deemed to be a tenant of a part of the building, the bar created by section 14(5) will be attracted only in respect of that part of the building of which the government is ..... directed that the tenants in occupation of the out-house will vacate the premises within a period of three months ..... to a case where some premises in the occupation of a tenant are independent of the building, a part of which is in the occupation - of the government as a tenant, as for example, the out-house in the present 'case. .....
Tag this Judgment!Court : Chennai
Reported in : 1997(3)CTC761
..... appropriate authority before the commencement of this act, an additional extent not exceeding five hundred square metres of land, if any, contiguous to the said extent of five hundred square metres of land:provided that in relation to a multi-storeyed building, ..... building means an extent of five hundred square metres contiguous to the land occupied by such building and includes, -(i) in the case of any building constructed before or under construction on the commencement of this act with a dwelling unit therein, or,(ii) in the case of any building proposed to be constructed with a dwelling unit therein and in respect of which the plan for such building has been approved by the ..... has been defined in section 3(e) of the act which is extracted below;'dwelling unit', in relation to a building or a portion of a building, means a unit of accommodation, in such building or ..... under the provisions of the act has already been given to the sister of the petitioner who is the owner of the major portion of the house, the petitioner is not entitled ..... petitioner to show when the said construction was put up and how she is entitled for the provisions of the act. ..... he submitted that the authorities when they have given this benefit to the building of the petitioner's sister which is part and parcel of the building of the petitioner were not justified .....
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