Judgment Search Results Home > Cases Phrase: delhi and ajmer rent control act 1952 repealed section 32 protection of action taken under this chapter Page 4 of about 580 results (0.402 seconds)

Raja Ram and Another Vs. Joint Director of Consolidation, Allahabad an ...

Court : Allahabad

Reported in : AIR1993All72

..... it was a case where a premiseswas governed by the rent control act and the landlord and tenant entered into compromise, the court took the view that section 13 of the delhi and ajmer rent control act provides certain restriction on ejectment of tenant and by merely entering into compromise by the parties the court was not competent to pass the decree unless other conditions prescribed under the act were satisfied.20. ..... -- an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872) shallnot be deemed to be lawful within the meaning of this rule.'6. ..... further took the view that even assuming that the document was compulsorily registrable the court shall hold that the family arrangement between parties to it, operative as estopel by preventing the parties for having taken advantage under the arrangement to resile from the same or try to revoke it. ..... in this case a suit under s. ..... 220 is held to be perfectly justified and legal and the writ petition regarding this khata is dismissed. ..... this legal proposition is not applicable to the facts of the present case as i have already held that the compromise decree was valid and binding on the respondent no. 4.22. ..... in this case a compromise decree was passed and the vendors challenged the said decree on the ground that they had not signed the compromise. ..... this distinction also came up for consideration in shard a devi v. .....

Raj Kishan JaIn Vs. Municipal Corporation, Delhi

Court : Delhi

Reported in : 1972RLR66

..... ), because his lordship observed :- 'the argument that the municipal corporation was not precluded from taking into account the actual rent collected in the absence of the same being fixed by the controller under the provisions of the delhi and ajmer rent control act, 1952 was repelled by me in ram pershad's case. ..... the enhanced assessment made by the corporation was based upon the contractual rent between the landlord and the tenants which, in the absence of a standard rent having been fixed by the rent controller, the landlord could lawfully recover from the tenants without coming within the mischief of section 4 of the rent control act, 1958, i should have taken the view that such assessment was perfectly valid and would have referred the case to a larger bench in view of the observations of rangarajan ..... this was a case under section 116(1) of the act. ..... but as i shall presently point out, it cannot be said in this case that the enhanced assessment made by the corporation was based on the contractual rent between the landlord and the tenants. ..... guntur tax payers association 1970 rcj 989 it was observed in para 5 of the judgment on wards, thus :- the principles enunciated by the supreme court in the above three cases were applied by a single bench of this court in mrs. ..... this statement has been reiterated in the affidavit filed along with the writ petition. ..... this contention appears to have found favor with the learned judge (rangarajan j. .....

Jagat Ram Hamir Chand Vs. Shanti Sarup

Court : Punjab and Haryana

Reported in : AIR1965P& H175

..... bal raj, air 1953 punj 247 a case under the delhi and ajmer-marwara rent control act, 1947, the learned single judge observed that neither in law nor in equity could the landlord be heard to say that the tender of arrears of rent could not come within the proviso to section 13(2) of the act. ..... the appeal was thus dismissed.on revision, in this court, the learned counsel for the petitioner has submitted that the view of law taken by the rent controller and the appellate authority is not justified on the language of the statutory ..... landlord's petition was thus allowed and an order of ejectment passed on 8-4-1963.the matter was taken on appeal to the appellate authority who endorsed the view of the rent controller with the observation that the decision of this court were binding on him. ..... section 15(5) has conferred on the high court a power of revision in respect of all orders passed or proceedings taken under this act for the purpose to satisfying itself as to the legality or propriety of such orders or proceedings ..... this court has consistently taken the view that if an ex parte order is made on the date of the first hearing and that order is set aside, the first hearing will not the first hearing, but the first hearing in this situation will be the day on which the ex parte order is set ..... there are a number of decisions of this court which have taken the view that service is effective for the purpose of the proviso even if the summonses have been served without the copy of the .....

Roshan Lal Mehra Vs. Ishwar Das

Court : Supreme Court of India

Reported in : AIR1962SC646; [1962]2SCR947

..... drawn to the delhi and ajmer rent control act, 1952 (act no. ..... x (2) notwithstanding such repeal, all suits and other proceedings pending at the commencement of this act, whether before any court or the rent controller appointed under the fourth schedule to the said act, shall be disposed of in accordance with the provisions of the said act as if the said act had continued in force and this act had not been passed : provided that the procedure laid down in this act shall, as far as may be, apply to suits and other proceedings pending before any ..... control act, 1947 prescribed a discriminatory procedure wihtout a reasonable classification in respect of premises completed after march 24, 1947 and thus violated the guarantee of equal protection under ..... taken by the landlord to the proceedings before the rent controller arises out of the circumstance that the rent controller in fixing the standard rent for the entire building had fixed the rent ..... of the rent controller and of the district judge in appeal that the question whether the second floor was newly constructed or not was really a question of fact, though undoubtedly a jurisdictional fact on which depended the power of the rent controller to take action under s. 7a ..... section 7 then proceeds to lay down that if for any reason it is not possible to determine the standard rent of any premises set forth in the second schedule then the courts shall determine it having 'regard to the standard rent of similar premises in the same locality and .....

Man Singh Patel and ors. Vs. Phool Singh and ors.

Court : Delhi

Reported in : 7(1971)DLT14

..... the new act came into force on 9th of february, 1959, and section 57 of the same reads as follows: (1)the delhi and ajmer rent control act, 1952 (38 of 1952), in so far as it is applicable to the union territory of delhi, is hereby repealed. ..... and other proceedings under the said act pending, at the commencement of this act, before any court or other authority shall be continued and disposed of in accordance with the provions of the said act, as if the said act had continued in force and this act had not been passed provided that in any such suit or proceeding for the fixation of standard rent or for the eviction of a tenant from any premises to which section 54 does not apply, the court or other authority shall have regard to the provisions of this act ..... of eviction passed by the high court on 15th march, 1961, in the suit, and the present action relates to dispossession of the landlord and restoration of the possession of the premises to the tenant it is significant that the objection based on the applicability of section 57 of the new act had not been raised in the previous proceedings, although they were admittedly pending on the date of the commencement of the new act and the pending suit was decided by the trial court or 19th of march. ..... the civil court is exercising the jurisdiction vested in it under sub-section (3) of section 15 of the old act and in the absence of a specific provision to that effect, the jurisdiction of the civil court cannot be taken away. .....

Bant Singh Gill Vs. Shanti Devi and ors.

Court : Supreme Court of India

Reported in : AIR1967SC1360; [1967]3SCR59

..... (1) the delhi and ajmer rent control act, 1952, in so far as it is applicable to the union territory of delhi, is hereby repealed. ..... (2) the value of any case under this act, for the purposes of the pecuniary jurisdiction of the court, shall be determined by the amount of rent which is or would be payable for a period of twelve months, calculated according to the highest amount claimed in the case : provided that in the case of any proceeding based on the certificate of the controller under section 28, such value shall be determined by the amount of rent which is or would be payable for a period of one month. ..... (4) for the purposes of this chapter, a case under this act, includes any suit, application or other proceeding under this act and also includes any claim or question arising out of this act or any of its provisions, but does not include any proceeding which a controller is empowered to decide under chapter iv.' 3. ..... and other proceedings under the said act pending, at the commencement of this act, before any court or other authority shall be continued and disposed of in accordance with the provisions of the said act, as if the said act had continued in force and this act had not been passed : provided that in any such suit or proceeding for the fixation of standard rent or for the eviction of a tenant from any premises to which section 54 does not apply, the court or other authority shall have regard to the provisions of this act .....

Satyawati Sharma (Dead) by Lrs. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2008SC3148; 2008(3)ALD147(SC); 2008(56)BLJR1811; 148(2008)DLT705(SC); JT2008(5)SC376; 2008(6)SCALE325; (2008)5SCC287; 2008(3)ICC326; 2008(3)Supreme37; 2008AIRSCW3324; 2008AIRSCW3324; 2008(3)ICC326; 2008(3)Supreme37

..... (v) the 1947 act was replaced by the delhi and ajmer rent control act, 1952. ..... . the implicit restriction on the landlord's right to recover possession of the non-residential premises was introduced in the delhi and ajmer-marwara rent control act, 1947 and was continued under the 1958 act ..... v. state of tamil nadu (supra), the court considered challenge to the constitutionality of section 30(ii) of the tamil nadu buildings (lease and rent control) act, 1960 under which residential buildings or part thereof occupied by any tenant paying monthly rent of more than ..... v. naval kishore behal : [2002]3scr1078 , the court after noticing several judicial precedents on the subject observed as under:the rent control legislations are heavily loaded in favour of the tenants treating them as weaker sections of the society requiring legislative protection against exploitation and unscrupulous devices of greedy ..... . as the amendments are extensive and substantial in nature, instead of making changes in the delhi rent control act, 1958, it is proposed to repeal and replace the said act by enacting a fresh legislation.4 ..... . union of india (supra) this court declined to issue a writ of mandamus to the central government, for that purpose, we can take judicial notice of the fact that the legislature has, after taking note of the developments which have taken place in the last 37 years i.e .....

V.K. Verma Vs. Radhey Shyam

Court : Supreme Court of India

Reported in : AIR1964SC1317; (1964)66PLR690

..... a suit for ejectment instituted on september 8, 1958 the plaintiff who is the respondent before us now made an application under section 13(5) of the delhi and ajmer rent control act, 1952 (act no. ..... then approached the high court of punjab with a petition under section 35 of the delhi and ajmer rent control act, 1952. ..... the true scope of section 35 of the delhi and ajmer rent control act, 1952 was considered by this court in hari shankar ..... portion of the order ran thus:'as regards the application under section 13(5) of the rent control act the defendant has no objection to deposit the arrears of rent and future rent month by month at the rate of rs. ..... section 57 of the 1958 act provides in its second subsection that in spite of the repeal of 1952 act all suits and proceedings pending under that act would be disposed of in accordance with its own provisions but subject to the proviso that 'in any such suit or proceeding for fixation of standard rent or for the eviction of a tenant from any premises to which section 54 does not apply, the court or other authority shall have regard to the provisions of the 1958 act ..... appears reasonable to think; that when the subordinate judge was dealing with the landlord's application for striking out the defence against ejectment in june 1962 he would have taken this fact of payment of rent into consideration in exercising his discretion in the matter if he had under section 57 of the new act paid regard to the provisions of section 15(7) of that act. .....

Ruli Ram (Deceased) Through L.R. and ors. Vs. Amar Singh

Court : Himachal Pradesh

..... of both the enactments were pan materia with those of the delhi and ajmer rent control act, 1952 as also of the delhi rent control act, 1958, which came up for consideration in the aforementioned two judgments ..... of the delhi and ajmer rent control act (act no. ..... vindhya devi air 1966 punj 481, while construing section 14(1)(e) of the delhi rent control act (59 of (1958), were approved and it held that in the absence of a specific provision incorporated in the statute the court has no power to break up the unity of the contract of letting and attribute incidents and obligations to a part of the subject-matter of the contract which are not applicable ..... the changed circumstances, both the application were allowed on 28th august, 1992 and in view of the amendment, following issue was framed and was remitted to the rent controller, who was called upon to take fresh evidence and submit his finding to this court: 'whether the tenant has before or after the commencement of the act acquired vacant possession of the residential accommodation reasonably sufficient for his requirements?'5. ..... pradesh urban rent control act, 1971, under which the tenant's eviction was sought by the landlord was also repealed during the pendency of the litigation and was replaced by the himachal pradesh urban rent control act, 1987 (act no. ..... this is because of the explanation to clause (e) of section ..... effect of all the circumstances, including the conduct of the parties, ought to have been taken into consideration. .....

Sri Jagannath Aurvedic Pharmacy Vs. House Rent Controller, Cuttack and ...

Court : Orissa

Reported in : AIR1990Ori168

..... the said court was considering a provision similar to sub-section 1(4) of the act, and it was pointed out that section 15 of the delhi and ajmer-merwara rent control act, 1947 and section 6 of the general clauses act were in pari materia and were similar. ..... petitioner, a tenant under the orissa house rent control act, 1967 (hereinafter referred to as 'the act'), has moved this court in an application under arts. ..... the challenge as indicated in the writ application and the submissions made before us is based on a very short and interesting argument that after 4-5-1988 the act ceased to have effect and therefore, any action taken in a proceeding which was instituted under the said act, prior to that date does not survive for adjudication. ..... '(1) short title, extent commencement and duration: (1) to (3) xx xx xx xx (4) it shall cease to have effect on the 4th day of may, 1988 except as respects things done or omitted to be done before the expiration thereof and section 5 of the orissa general clauses act, 1937 (orissa act 1 of 1937) shall apply upon the expiry of this act as if it had then been repealed by an orissa act. ..... the delhi high court and the madhya pradesh high court have taken the view that the words were used to indicate protection to proceeding or action already taken or omitted to be taken. .....