Court : Delhi
Decided on : Jan-01-1991
Reported in : 44(1991)DLT453; 1991(21)DRJ77
Santosh Duggal, J.(1) This case has a chequered history. Respondents 1 to 3. who are the sons of the original decree-holder, deceased Shri Ahmed Ali Khan, are seeking to execute a decree which was passed in favor of their father, for eviction of petitioner's father as far back as on 29th January, I960. The father and predecessor-in-interest of respondents 1 to 3 had filed a suit for eviction under the provisions of Section 13 of the Delhi & Ajmer Rent Control Act, 1952 (for short 'the Act of 1952'), which culminated in the aforesaid decree on the ground of his personal requirement and that of his family members dependent on him, which obviously included his sons. The decree, however, could not be executed because under the provisions of Slum Areas (Improvement & Clearance) Act, 1956 (for short 'the Slum Areas Act'), the decree-holder was required to obtain sanction of the competent authority under the said Act for executing the decree in relation to the property situated in a slum area...
Tag this Judgment!Court : Delhi
Decided on : Feb-11-1991
Reported in : 43(1991)DLT425; 1991RLR201
M.C. Jain, J.(1) This bunch of writ petitions mentioned in the schedule annexed to this judgment (Not printed--Ed.) raises a common question regarding the constitutional validity of Section 3(c) of the Delhi Rent Control Act, 1958(2) For appreciating the controversy raised in these writ petitions, it would be appropriate that the history of rent control legislation is taken into account. Before enacting the rent control laws, the relations of the landlords and the tenants were governed by the provisions of the Transfer of Property Act. That was the general law applicable to landlords and tenants but on account of scarcity of accommodation i.e. shortage of housing accommodation. Rent control legislation came into being. So far as Delhi is concerned, under rule 21 of the defense of India Rules, New Delhi House Rent Control Order, 1939 was issued. Its application was extended to Municipality of New Delhi and to the notified area of Civil Station, Delhi, Rule 81(2) (bb) empowered the Centr...
Tag this Judgment!Court : Delhi
Decided on : Jan-25-1991
Reported in : 43(1991)DLT394; 1991(20)DRJ236
M.C. Jain, C.J.(1) This civil revision raises an important question as to the interpretation of S. 3(c); as inserted by the Delhi Rent Control (Amendment) Act, 1988, (for short, the Amendment Act). That question arose before Hon'ble Mr. Justice N.N.Goswami in the aforesaid revision He, by his order dated 9.1.1989, referred the question to be answered authoritatively by the Division Bench of this Court. The question that arose before him was to whether the Amendment Act applies to the pending proceedings and according to him as the question would arise in a number of pending cases before ibis Court as will as before the Rent Control and the Appellate authority, so for deciding the question authoritatively, reference was made by him for deciding the said question by the Division Bench.(2) We may state a few relevant facts giving rise to the present reference.(3) The petitioner in this petition, Mrs. Nirmaljeet Arora let out the premises in question to the respondent on 14.7.80 at a renta...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-22-1991
Reported in : AIR1992SC522; JT1991(4)SC361; 1991(2)SCALE1049; [1991]Supp2SCR497
..... 24 of 1982 and special case no. 3 of 1983 arising out of a complaint filed by a private individual pending in the court of special judge, greater bombay and transferring the same to the high court of bombay in breach of section 7(1) of the criminal law amendment act, 1952 ..... expressed by this court in re: the delhi laws act, 1912, the ajmer-merwara (extension of laws) act, 1947 and the pan c states (laws) act, 1950 [1951] scr 747. for ..... by act no. 27 of 1991. the provisions of the act are a verbatim reproduction of the provisions of the ordinance except that in section 4 of the act the words 'any court or' are omitted and section 7 is added repealing the ..... assessors was also casual and did not conform to the principles of natural justice and fair-play. a copy of the advice given by the assessors to the members of the tribunal was ..... control of the waters of, or in, any inter-state river or river valley; or(ii) the interpretation of the terms of any agreement relating to the use, distribution or control of such waters or the implementation of such agreement; or(iii) the levy of any water rate in contravention of the prohibition contained in section 7.60. section 3 of the act ..... stage. in this case it would be in accordance with justice to fix the annual releases into mettur dam by making average of the same ..... section 5(2) of the act and consequently the central government is obliged to publish it is required by section 6 of the act. once it is so published it will operate as a decision in rent .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-02-1991
Reported in : 1991(4)BomCR695
H.W. Dhabe, J.1. These two writ petitions which challenge the Notification of the State Government dated 26th June, 1991 issued under sub-section (3) of section 18 of the Goa, Daman and Diu Town and Country Planning Act, 1974 and its further consequential notification dated the same issued under sub-sections (1) and (3) of section 20 of the said Act can conveniently be disposed of by this common judgment. However, reference to the parties in this judgment would be as in the Writ Petition No. 240 of 1991 except where W.P. No. 243 of 1991 is particularly considered and referred to.2. The facts in Writ Petition No. 240 of 1991 are that the petitioner is the Chair-person of the South Planning and Development Authority and in Writ Petition No. 243 of 1991, the petitioner is the Goa Citizens League, which holds out itself as a Special activist organisation formed with a view to promote social, economic and educational cultural and political interests for achieving the progress and welfare of...
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