Court : Gujarat
Reported in : (1977)18GLR848
..... . shah had in this context vehemently relied upon the decision in gopal dass v. s.k. bhardwaj : [1962]2scr678 . that decision was in the context of delhi and ajmer rent control act, 1952. in that case the ground under section 13(1)(e) for bona fide requirement was differently worded by enacting that a decree for ejectment would be ..... by showing that the tenant had acquired a suitable residence. therefore, section 13(1)(h) was given this interpretation in the context of particular scheme of the delhi legislation where section 13(1)(e) contained the aforesaid explanation which took out the premises form the purview of section 13(1)(e) when the incidental professional use ..... , however, rightly relied upon the decision in prem chand v. district judge, dehradun : [1977]2scr170 in the context of u.p. urban buildings (regulation of letting, rent and eviction) act, 1972. at page 366 their lordships in terms held that where the tenant had only two small rooms in which he resides with his wife, sons and .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1979Guj98; (1978)GLR1076
..... : air1970sc794 , the court was dealing with a decree passed on the basis of a compromise between the parties disregarding the requirement of s. 13(l) of the delhi and ajmer rent control act, 1952, that section lends protection to a tenant against eviction. it provided that notwithstanding anything to the contrary contained in any other law or any contract, ..... at naught as a nullity if it is found that there was foundation for the exercise of jurisdiction i.e. there was material on record which would justify the rent court in invoking its jurisdiction. this view of the gujarat high court was affirmed by the supreme court in nagindas ramd&v.; dalpatram ichharam alias brijram : [1974 ..... is satisfied about the same, the jurisdiction of the court is held to operate in a wider area, because of the terms of section 28 of the bombay rents, hotel and lodging horse rates (control) act, 1947, which entitles the court to determine conclusively whether or not such a ground for eviction exists. it was .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1980Guj89; (1980)1GLR103
..... s. 13 ete, this was the ground given for distinguishing hem chand's case also by erroneously pointing out -the distinction between see. 13(1) of the delhi and ajmer merwara rent control act, 1952 and the bombay act. in our considered judgment bhaiya punjalal's case was not correctly decided.' 20. the full bench thereafter referred its another ..... in point of time which was rendered after considera tion of the decision in anand nivas's case (supra)the full bench, therefore, held that the unamended delhi rent control act would have confer red upon an ex-tenant, the status of a tenant who is on par with that of a contractual tenant and consequently the ..... deaths of the original tenants. the decrees for eviction were passed against the heirs on the ground that they were not tenants under the delhi rent control act sifice the protection under the said rent at was not available to the heirs of the statutory tenants whose personal rights were inheritable, following the decision 0! the supreme court .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1058
..... according to law. the supreme court considered that the phrase 'according to law' (this was considered so far as section 35 of the delhi and ajmer rent control act, hut that consideration also is applicable to bombay rent act) refers to the decision as a whole, and is not to be equated to errors of law or of fact simpliciter. it ..... does not constitute residence in those premises. in construing sub-clause (k), one must also bear in mind the object of the legislature in passing this legislation. the rent restriction act is passed because there was a scarcity of premises and therefore it was necessary to protect bona fide tenants and also to see that premises were not ..... supreme court in the case of hari shankar and ors. v. rao girdhari lal chowdhwy reported : air1961sc698 therein the supreme court has considered that even though under the rent act, the power is not so limited as under section 115 of the civil procedure code the high court is enabled to call for the record of a case to satisfy .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2840
..... for the reconstruction of the house. after the sanction of the plan, a suit was filed for eviction of 9 tenants under section-13(1)(g) of the delhi and ajmer rent control act. in order to succeed in the suit, he had to show that he had a plan sanctioned by the municipal authorities which made provision for the ..... it would be impossible for them to get accommodation in reconstructed building as they were very poor and not likely to be able to pay the enhanced rent in respect of rooms in delhi. ultimately, the petitioners moved the apex court making a grievance that section-19 was invalid and unconstitutional and violate the petitioners' right guaranteed by article- ..... should be directed to pay compensation, for which reliance was placed by the learned counsel appearing in the matter in the case of manju bhatia and antr. v. new delhi municipal council and antr., reported at (1997) 6 scc 370 and particularly, paragraph-12 and 13. in response to the notice issued by the court in special civil .....
Tag this Judgment!Court : Gujarat
Reported in : [1996]87CompCas557(Guj); (1995)2GLR1752
..... of two different statutes, the court must determine the effect of such clauses on a broad consideration of the purpose and policy underlying the two statutes, viz., the delhi rent control act of 1952 and the slum clearance act of 1956, it was held by the apex court in jyoti pershad v. administrator, union territory of ..... the later law should abrogate an earlier contrary law. the provisions of the public premises act to the extent they cover premises falling within the ambit of the delhi rent court act, override the provisions of the rent act, and a person in unauthorised occupation of public premises under section 2(c) of the act cannot invoke the protection of the ..... the provisions of sections 3(a), 14 and 25b of the public premises act and section 1 of the delhi rent control act. the question was whether the provisions of the public premises act would override the provisions of the delhi rent control act. the supreme court held that in both the acts, there is a non-obstante clause but the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj112; (1964)GLR705; (1965)ILLJ567Guj
Shelat, C.J. 1. This is a petition for a writ of certiorari or any other appropriate writ quashing the reference dated 29 July, 1961 made under S. 73A of the Bombay Industrial Relations Act, 1946, by respondent 2 association to the industrial court and the order made by the industrial court negativing certain preliminary issues raised by the petitioner-association and for restraining the industrial court from proceeding further with the reference. The reference was made in the following circumstances. 2. Under the standing orders settled under the Bombay Industrial Relations Act, 1946, which are determinative under S. 40(2) of the Act in respect of matters enumerated in Sch. I thereto including 'conditions, procedure and authority to grant leave' and in particular standing orders 11 and 12 and binding on the petitioners and respondent 2 association, it was provided that service for a total period of twelve months in a textile mill should quality an operative for a total period of one m...
Tag this Judgment!Court : Gujarat
Reported in : AIR1990Guj105; [1992]73CompCas209(Guj); (1985)1GLR57; (1990)1GLR628; (1990)1GLR628
..... down section 29. learned counsel on both the sides have cited several decisions on the question. 30. in the case of jyoti pershad v. administrator for the union territory of delhi, air 1961 sc 1602, the supreme court formulated some rules for applying the equality clause of article 14 of the constitution. the supreme court observed that the import, content and .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR382
..... 3. the central government may, by notification in the official gazette, specify the offences or classes of offences which are to be investigated by the delhi special police establishment.section 4 provides for the superintendence and administration of the special police establishment, and section 5 provides for the extension of powers ..... retains enough control over the delegate. with these observations, the supreme court has approved the ratio of the decision in the above referred case of delhi municipality.20. in view of this settled legal position, we should ask ourselves the question: whether any guidelines in form of principal, policy and ..... deal with cases government. it up and financed the government.(b) departments of the administrations in centrally administered states.it is considered necessary that the delhi special police empowered to investigate such offences the rity to the central government to confer this jurisdiction.pointing out to this statement, it was contended .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)0GLR167; (1968)ILLJ160Guj
Sarela, J.1. All these five second appeals raise some common questions of law and have been argued together and will, therefore, be disposed of by a common judgment. In the course of the judgment we shall deal with the facts of each appeal separately. In all the appeals the respondent is the municipality of Patan (hereinafter referred to as the municipality). The municipality was the defendant in the five suits from which these five appeals arise. The plaintiffs in those five suits (who are the appellants in the five appeals) were the former employees of the municipality whose services were terminated by the municipality by resolutions of different dates to which we shall refer in due course. In each of those suits the plaintiff claimed a declaration that the resolution of the municipality terminating his services was illegal, void and of no effect and that it did not affect the continuance of his service and his service benefits and prayed for a perpetual injunction against the munici...
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