Court : Delhi
Reported in : ILR1978Delhi506
..... this second appeal under section 39 of the delhi rent control act 1958 poses a neat question of law. ..... 20th october 1972, she filed a petition before the rent controller seeking an order for recovery of possession under section 14(l)(e) of the delhi rent control act 1958. ..... the end of his leading judgment, dalip singh, j said : i, consider that the position really ic this : there was no lack of inherent jurisdiction in the executing court to act upon the decree, but there was an illogality error affecting its jurisdiction in proceeding to act upon a decree which the statutory bar provided by s. ..... the definition of an 'instrument of partition' in section 2(15) of the indian stamp act 1899 includes 'a final order for effecting a partition passed by ........any civil court ..... if, by an amendment of the law made between the date of judgment and the day on which the decree is signed the forum of appeal against the decree is changed, it is the law existing on the date of the judgment that ..... the maxim actus curiaeneminern gravabit (an act of the court shall prejudice no one) demands that a remedy be ..... but the performance of this ministerial act is inevitably delayed, and that can cause prejudice to either ..... now, if an instrument chargeable with duty is not duly stamped, section 35 of the stamp act enjoins that it shall not be admitted in evidence for any purpose' or 'be acted upon, registered or authenticated'. ..... the drawing up of a judgment is 'a merely ministerial act' : see guardians of west ham v. .....
Tag this Judgment!Court : Delhi
Reported in : 9(1973)DLT397
..... appellant filed an application on november 10, 1971 before the assistant registrar purporting to be under sub-section (1) of section 44 of the trade and merchandise marks act, 1958, hereinafter referred to as 'the act' praying that the assistant registrar should refuse to take action on the deed of dissolution until the rights of the parties had been determined by a competent court ..... obviously is to indicate to the public at large the various particulars mentioned in this sub-section with respect to a registered trade mark and it is for this purpose that sub-section (1) of section 44 of the act provides that any assignment or transmission of a registered trade mark together with its particulars should be entered in the register. ..... the contention on behalf of the appellant is that this application under sub-section (1) of section 44 of the act was competent even though there was no registered trade mark because a registered trade mark includes a trade mark under ..... not possible to accept the contention on behalf of the appellant that on the analogy of section 155 of the companies act the registrar is bound to refuse to register the assignment or transmission until the rights of the parties have been determined ..... 1 applied to the assistant registrar to amend the application filed by the firm by deleting the names of the appellant and shanker lal garg and ..... to the proposed amendment claiming that respondent ..... adequate opportunity to the appellant to show cause against the amendment. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1973Delhi124; 8(1972)DLT351; 1972RLR37
..... the respondents who are the owners of the kothi in dispute situated in khilonewala bagh near rana partap bagh, filed an application under section 22 of the delhi rent control act, 1958, (hereinafter referred to as 'the act') for eviction of the appellant who is a tenant under the respondents in respect of the said premises on various grounds such as, that the appellant was given the premises for use as residence alone but he is also using it ..... (9) the above application of the respondent was rejected by the rent controller vide his order dated 9th november, 1967, on the ground that the appellants request for amendment of the written statement had already been rejected and secondly, for the reason that the amendment sought by the respondents, even if allowed, would not help the respondents as it was a part of the cause of action to be stated by the landlords respondents in its petition that a notice ..... (6) the appellant on the 18th september, 1957, moved an application under order 6 rule l7 read with section 151, civil procedure code , seeking permission for altering and/or amending reply given by him to para 18-b of the petition and wanted to substitute the same by the following reply:- 'it is wrong and denied that no notice is necessary. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1984Delhi14; 24(1983)DLT316; 1983(5)DRJ325
..... controller by his order dated 31-5-1979, in respect of arrears of rent under clause (a) of the proviso to sub-section (1) of section 14 of the delhi rent control act, 1958 (the act) directed the tenant to deposit the same with effect from 1-6-1975 up-to-date at the rate of rs, 55.00 per month within one month. ..... on 14/2/1977, she applied for amendment of the petition. ..... the amended petition was filed on 12/4/1977, she pleaded an additional ground that the tenant had sublet, assigned or otherwise parted with possession of one room in favor of his son chander parkash, respondent no. ..... if the tenant complied with the order he would be deemed to have availed of the benefit of section 14(2) of the act and the eviction petition should stand satisfied. .....
Tag this Judgment!Court : Delhi
Reported in : 21(1982)DLT477
..... for the tenant appellant, submitted that petition for ejectment was filed on the ground of bona fide requirement because of paucity of accommodation with the landlord and not on the ground of unsuitability and, thereforee, without amendment of the petition, subsequent events relating to the illness of the landlord could not be taken into account by the tribunal nor could the evidence led in that behalf by the landlord need have been challenged by the ..... as i stated earlier the petition for ejectment can always be amended but failure to amend the petition does not mean that the subsequent events cannot be considered. ..... tenant gurcharan singh, against the order of eviction passed by the learned rent control tribunal dated 3.5.1979 against him on the grounds covered by clause (e) of the provis to sub-section (1) of section 14 of the delhi rent control act, 1958 (hereinafter referred to as 'the act''). ..... it is true that the landlord could have amended eviction petition to plead his ill-health also as a ground for eviction of the tenant but the fact remains that these were developments during the pendency of the eviction proceedings of which the tenants had ..... thus, no prejudice has been caused to the tenant by non-amendment of the ejectment application. .....
Tag this Judgment!Court : Delhi
Reported in : 18(1980)DLT75; 1980RLR525
..... repelling the contention of counsel for the respondent that in view of rule 2 of order xlii of the code of civil procedure an appeal under section 39 of the delhi rent control act cannot be said to have been validly presented unless the same was accompanied by a certified copy of the judgment of the court of first instance, the learned judge held : 'in my ..... orders of the punjab high court, the date of valid presentation of the memorandum of appeal under section 39 of the delhi rent control act is the date when the certified copy of the judgment has been filed in addition to the certified copy of the judgment of the ..... (28) the distinction between the two judgments embedded in the very provisions which require their filing is also made in section 12 of the limitation act which provides for the exclusion of time required for obtaining a certified copy of the first but does not provide for the exclusion of time required ..... petition against shri lachman dass and another under clauses (a), (b), (e), (f), (g) and (j) and section 14(1) of the delhi rent control act, 1958. ..... (30) it may be noted that by an amendment to order xli notified in the haryana government gazette of march 25,1975, applicable to punjab, haryana and chandigarh, the following provision was introduced in order xli: 'providedfurther that the ..... by an amendment of order 42 mad e by the punjab high court, adopted by this high court, it is necessary that, a certified copy of the order of the trial court is filed along with the .....
Tag this Judgment!Court : Delhi
Reported in : 26(1984)DLT404; 1985(8)DRJ97
..... in the case were heard and the case was adjourned for pronouncement of judgment by the rent controller, the tenant moved an application for amendment of the written statement with a prayer lo include a plea that the landlord has waived the right to evict the tenant under section 14-a of the act by agreeing to pay higher rent for the government accommodation and taking compensation for the higher rent from the tenant by way of increase ..... was also turned down, that the present petition is barred by the principles of rest judicate ; that the landlord has not pleaded all the ingredients of section 14a of the act; that the landlord cannot invoke the provision of section 14a of the act as the landlord is only required to pay extra rent for the premises occupied by him and not to vacate the same ; that the landlord was not entitled to the relief ..... , on the ground that he owns, in the union territory of delhi, a residential accommodation either in his own name........there shall accrue, on and from the date of such order, to such landlord, notwithstanding anything contained elsewhere in this act or in any other law for the time being in force or in any contract (whether express or implied) custom or usage to the contrary, a right to recover immediately possession of any premises let out by him............ ..... (1) this is a petition for revision under the proviso to sub-section 80 of section 25-b of delhi rent control act, 1958 (hereinafter referred to as the 'act') on behalf of m/s. .....
Tag this Judgment!Court : Delhi
Reported in : 1995(35)DRJ151
..... 19 to the registrar of trade marks, the office of the trade marks registry at form tm-24 trade and merchandise marks act, 1958 request to register a subsequent proprietor of a trade mark or trade mark upon the same devolution of title. ..... the format of these two forms are as follows :- form tm-23 trade and merchandise marks act, 1958 joint request by registered proprietor and transferee to register the transferee as subsequent proprietor of trade marks upon the same devolution of title, section 44 ..... of which a trade mark is registered; (e) enter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing registration of the trade mark; and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him. ..... in the light of the mandatory provisions in the trade & merchandise marks act, 1958, the registrar ought to have issued notice to the petitioner before ordering the assignment relied upon by the ..... 46, 56, 57, 107 of the trade & merchandise marks act, 1958, which are relevant and they read as follows:- '46. ..... learned counsel for the respondent contended per contra that no notice is required to be given to the petitioner and the only remedy, if any, of the petitioner is to file an appeal under section 109 of the trade marks act to the appropriate authority and there is no infirmity in the order passed by the registrar. 3. .....
Tag this Judgment!Court : Delhi
Reported in : 1995IAD(Delhi)356; 57(1995)DLT131; 1995(33)DRJ178
..... (7) clause (c) in section 3 has been inserted by amending act no.57 of 1988 which came into force w.e.f. 1.12.88. ..... and in that sense was intended to protect the tenants, the amending act has a different purpose altogether. ..... and so the provisions of delhi rent control act, 1958 (hereinafter 'the act', for short) are excluded. ..... the various objects of the amendment include bringing about a balance between the interests of landlords and tenants and also giving a boost to house building activity. ..... constitutional validity of the amendment was challenged, but the same has been upheld by the supreme court in d.c. ..... their lordships have further held that though the act was enacted to provide for the control of rent and eviction and of rates of hotels and lodging house etc. ..... (4) section 3 of the act in so far as relevant for the purpose of this suit is as under :- '3.act not to apply to certain premises -- nothing in this act shall apply: (c) to any premises, whether residential or not whose monthly rent exceeds rs. ..... 3,500.00 and so section 3(c) of the act would not apply, the rent paid or payable by the sub-tenant to the tenant being irrelevant for the purpose of determining the applicability of the act to a suit between a landlord and a tenant. ..... (11) though rent is not defined in the act, clause (l) of section 2 defines a 'tenant' to include a sub- tenant and clause (e) defines a landlord to mean a person who for the time being is receiving or is entitled to receive the rent of any premises. .....
Tag this Judgment!Court : Delhi
Reported in : 60(1995)DLT419
..... by him are required for his own residence,such employee may within one year from the date of his retirement or within a period of one year from the date of commencement of the delhi rent control (amendment)act,1988 whichever is later apply to the controller for recording the in not date possession of such premise. (2) .. .. . ......... ..... (2) realizing thus the importance of home, the legislators in their wisdom amended delhi rent control act for providing certain class of people speedy and expeditious trial of their cases in order to enable them to secure possession over the tenanted accommodation and thus to have roofs over their heads. ..... the submission is again devoid of any merit as the earlier application under section 14(1)(e) was filed under unamended act whereas the latter application was filed after a special right was conferred on the landlord,'(37) the above view was again reiterated by the hon'blesupreme court in anand swaroop vohra v. ..... (35) the contention of the learned counsel is devoid of any force.to my mind, mere pendency of a petition under section 14(1) (b),(d) and (e) of the act would not come in the way of the controller in passing an order of eviction under section 14-c(1). ..... thus they incorporated sections 14-a, 14b, 14c, 14d m delhi rent control act by act no.57 of 1988.the respondent herein who is a retired government servant availed of the said opportunity and came forward with a petition under section 14c for recovery of possession over premises bearingno. .....
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