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Common Cause Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 1999IIAD(Delhi)689; 78(1999)DLT638

..... on the constitution of the 12th lok sabha, the central government was required to take a fresh decision in regard to the delhi rent control bill, 1997, which decision has not been taken.the fact that the central government has expressed its inability to enforce the delhi rent act, 1995, has been brought out in the last paragraph of its affidavit. ..... xxxxx (i) the cabinet considered the note in its meeting held on 19.7.97 and had decided to enforce the delhi rent act, 1995 with the amendments contained in the note for the cabinet dated 8.7.97. ..... more than 1 year and 8 months have elapsed since delhi rent act, 1995 was assented to by the president- till date the act has not been notified by the government to be implemented. ..... that in view of the above position, ministry is not in a position to bring intoforce delhi rent act, 1995 act xxxiii/95 as assented to by the president ofindia.' 13. ..... it appears that there is hardly any possibility of the delhi rent act, 1995, being brought into force by the central government on its own. ..... that in view of the above position, ministry is not in a position to bring into force delhi rent act, 1995 act xxxiii/95 as assented to by the president of india.'5. ..... (iii) a bill namely delhi rent (amendment) bill, 1997 to amend the delhi rent act, 1995 had been introduced in the rajya sabha on 28.7.97. .....

Common Cause Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2003SC4493; (SCSuppl)2004(1)CHN123; [2004(2)JCR8(SC)]; JT2003(Suppl2)SC270; 2003(8)SCALE463; (2003)8SCC250

..... presidential assent was given to the bill on 23rd august, 1995 and the same was accordingly enacted as the delhi rent act 1995 (act 33 of 1995) and noticed on 23rd august 1995, as enacted. ..... the respondent-union of india is directed to bring into force the delhi rent act, 1995 (act no. ..... delhi rent act, 1995 (for short 'the act') was enacted by the parliament ..... government considered the report and accepted all the recommendations of the committee on 3rd april, 2001 and notice for moving the official amendments in respect of delhi rent (amendment) bill, 1997 was accordingly sent to the secretary general, rajya sabha in july, 2001. ..... accordingly the delhi rent (amendment) bill, 1997 was drafted and introduced in the rajya sabha on 28th july, ..... . accordingly, delhi rent (amendment) bill was drafted and introduced in the rajya ..... the delhi rent bill, 1994 (for short 'the bill') was introduced in the rajya sabha on 26th august, ..... the wake of this agitation, the then chief minister, government of nct of delhi appointed an all party committee to examine the act and make recommendations for changes which could address the grievances of the agitating groups. ..... 1495 of 1997 in the high court of delhi in public interest seeking a writ or order in the nature of mandamus directing the union of india to forthwith and without delay issue a notification in the official gazette, as contemplated under section 1(3) of the act notifying the date on which the said act shall come into force in its present form. .....

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

Court : Delhi

Reported in : AIR2002Delhi509; 100(2002)DLT259

..... it was submitted that having regard to the present day need, the parliament also thought it fit to make a new provision by enacting the delhi rent act, 1995, the relevant provisions whereof read thus:'22(2)(r) that the premises let for residential or non-residential purposes are required, whether in the same form or after re-construction or re-building, by the landlord for occupation for ..... so far as the claim of bona fide requirement of the tenanted premises by the petitioner in terms of section 14(1)(e) of the said act is concerned, it was held:'summing up, since in the ground under section 14(1)(e) of the delhi rent control act, i find that the petitioner has not succeeded in establishing that the premises in suit were let out to the respondents only for the purposes of residence, so consequently, the petitioner is not entitled for ..... eviction order against the respondents under section 14(1)(e) of the drc act because she has failed in establishing one of the four essential ingredients in her favor ..... of a part of section 14(1)(e) of the delhi rent control act, 1958 (hereinafter called for the sake of brevity 'the said act' for short) is in question in these writ .....

Common Cause Vs. Union of India and Others

Court : Delhi

Reported in : AIR1999Delhi257; [1998(79)FLR954]

..... the fact that the central government has expressed its inability to enforce the delhi rent act, 1995, has been brought out in the last paragraph of its affidavit. ..... 25.7.97 filed by shri sps parihar on behalf of union of india, stating inter-alia that cabinet has decided to enforce the delhi rent act, 1995 with the amendments contained in the note for the cabinet dt. ..... xx xx xx (i) the cabinet considered the note in its meeting held on 19.7.97 and had decided to enforce the delhi rent act, 1995 with the amendments contained in the note for the cabinet dt. 8.7.97. ..... that in view of the above position, ministry is not in a position to bring into force delhi rent act, 1995 act xxxiii/95 as assented to by the president of india.' 13. ..... it appears that there is hardly any possibility of the delhi rent act, 1995, being brought into force by the central government on its own. ..... that in view of the above position, ministry is not in a position to bring into force delhi rent act, 1995 act xxxiii/95 as assented to by the president of india.' 5. ..... (iii) a bill namely delhi rent (amendment) bill, 1997 to amend the delhi rent act, 1995 had been introduced in the rajya sabha on 28.7.97. ..... central cabinet decided to enforce the delhi rent act, 1995 with the amendments contained in the note for the cabinet dated july 8, 1998 which means the central government is not willing to enforce the act in its present form. 2. .....

Arunachalam Muthu Vs. Nafan Bv and Others

Court : Mumbai

..... 64 in the delhi rent act, 1995. 64. ..... that the purport of the said second proviso to regulation 4 of the clb regulations is only to clarify that even if all matters other than those arising under sections 247, 250, 269 and 388b of the act are to be dealt with by the regional benches and not by the principal bench, it shall be lawful for the principal bench to deal with a matter not arising under the provisions which it is supposed to deal with ..... other words, even if the power under regulation 4 (3) of the clb regulations has been exercised, and all matters arising under provisions other than sections 247, 250, 269 and 388 b of the act are required to be dealt with by the regional benches, the first proviso creates an exception with regard to matters which are pending before the principal bench and additional principal bench as on 1st april ..... government may, by notification in the official gazette, continue the appointment of the chairman or any other member of the company law board functioning as such immediately before the commencement of the companies (amendment) act, 1988, as the chairman or any other member of the company law board, after such commencement for such period not exceeding three years as may be specified in the notification. ..... be lawful for the chairman to provide that matters falling under all other sections of the act shall be dealt with by regional benches, namely, new delhi bench, chennai bench, kolkata bench and mumbai bench, consisting of one or more members. .....

Shobha Aggarwal and Ors. Vs.uoi and Anr.

Court : Delhi

..... given by committee on petitions, rajya sabha in 2004; committee on subordinate legislation in 1999 to take very urgent steps to notify the delhi rent act, 1995; several reports of parliamentary committee on urban development; and assurances given by successive governments in power are referred to. ..... the promise was first made in 1995 when the president of india gave his assent to delhi rent act, 1995 giving rise to legitimate expectations of the landlords of getting back the possession of their property or atleast deriving a reasonable income ..... further substantiated by the fact that the delhi rent act, 1995 by virtue of section 5 has provided for limited succession of one year only for nonresidential tenancies and has done away with the confusing words "termination of tenancy" which in 1958 act led to conflicting and wrong judgements. ..... of delhi the influential tenant-trader has effectively stalled implementation of the policies and programs to reform drc act by not allowing enforcement of the delhi rent act, 1995.5. ..... that successive governments have abdicated its responsibility by not notifying the delhi rent act, 1995 and is in fact in the process of repealing it thereby setting the entire process backwards by over 22 years, it is the constitutional obligation of this court to strike down the drc act as unconstitutional. ..... cabinet approval was obtained in july, 2013 to repeal delhi rent control act, 1995 and withdraw the delhi rent (amendment) bill, 1997 pending in the rajya sabha .....

Vinod Kumar Vs. Ashok Kumar Gandhi

Court : Supreme Court of India

..... this court in satyawati sharma took judicial notice of the fact that the delhi rent act, 1995 which was a subsequent legislation, but yet to be notified by the central government, did not distinguish between the residential and non-residential premises in sofaras landlord s right to seek eviction on bona fide need is ..... the legislature having not yet enforced the delhi rent act, 1995 it was not open for this court in satyawati sharma (supra) to read down the provision 15 of section ..... more that a decade of the above observation, a comprehensive legislation, namely, delhi rent act, 1995 has been enacted to provide for the regulation of rents, repairs and maintenance and evictions relating to premises and of rates of hotels and lodging houses in the national capital territory of delhi. ..... it is another matter that delhi rent act, 1995 even though it received assent of the president could not be ..... gauri shanker was a case where restriction on rights of heir of statutory tenant of residential premises placed by explanation to section 2(l)(iii) of delhi rent control act as introduced act 18 of 1976 while no restrictions were placed on tenants of commercial premises where challenge on the ground of violation of article 14 and 21 of the constitution of ..... 34 following has been observed: 34 it may be noticed that the legislature itself treats commercial tenancy differently from residential tenancy in the matter of eviction of the tenant in the delhi rent act and also in various other rent acts. .....

Hira Nand vs.smt. Shakun & Others

Court : Delhi

..... a decade of the above observation, a comprehensive legislation, namely, delhi rent act, 1995 has been enacted to provide for the regulation of rents, repairs and maintenance and evictions relating to premises and of rates of hotels and lodging houses in the national capital territory of delhi. ..... it is another matter that delhi rent act, 1995 even though it received assent of the president ..... sharma; to be tagged with civil appeal no.3793/2016 arising out of special leave petitions (civil ) no.8560/2016 where it has been challenged that section 14(1) (e) of the delhi rent control act, does not contemplate the properties of commercial nature required for commercial purposes, it is essential to observe that the hon ble supreme court of india vide a verdict in vinod kumar ..... the petitioners of the eviction petition further denied that the ingredients of section 14(1)(e) of the delhi rent control act, 1958, makes it mandatory that the landlord or such person who is dependent on the landlord has to swear on affidavit that there is no other reasonably suitable residential accommodation/ space for their bona fide ..... petitioners of the eviction petition submitted that the petitioner no.1 /respondent no.1 had every right to maintain the petition under section 14 (1)(e) of the delhi rent control act, 1958, as per law and that the tenant, i.e. ..... are thus categorical that section 14(1) (e) of the delhi rent control act, 1958 as amended can be invoked by the landlord both in relation to the residential .....

Apeejay School Vs. Sh. Darbari Lal and ors.

Court : Delhi

..... union of india : air 2003 sc 4493 where in relation to the delhi rent act, 1995, the supreme court held that when the legislature itself had vested the power in the central government to notify the date from which the act would come into force, then, the central government is entitled to take into consideration various facts while considering when the act should be brought into force or not and no mandamus can be issued to the central ..... punjab national bank : air 1991 sc 855 the applicability of the delhi rent control act was held to be barred in view of the special legislation relating to public premises in the public premises act, 1971.for the reasons aforesaid, the remedy of appeal before the school tribunal provided in the school act, was contended to bar the remedy before the industrial adjudicator under ..... that it was a recognized private unaided school within the meaning of the delhi school education act, 1973 (school act); that section 8(3) of the said act provides the remedy of appeal before the delhi school education tribunal (school tribunal) to any employee of the school against any order of dismissal, removal or reduction in rank; that in view of the existence of the specific remedy provided in the school act, the labour court had no jurisdiction to entertain the dispute.3. ..... (supra), the provisions of the rent act were held to be excluded by the pp act for the reason of the pp act having been enacted to deal with the mischief of rampant unauthorized occupation of .....

V.Vasanthakumar Vs. Secretary to Government

Court : Chennai

..... [(2003) 8 scc250, the facts of the case would disclose that delhi rent bill, 1994 was introduced in the rajya sabha on 26.08.1994 and was passed in the rajya sabha unanimously on 29.05.1995 and it was tabled in the lok sabha, wherein it was unanimously passed on 03.06.1995 and the presidential assent was given to the bill on 23.08.1995 and the delhi rent act, 1995 was notified on 23.08.1995, however the parliament did not fix the date with effect from, which ..... the act would come into operation and it was left to the discretion of the central government to ..... central government did not notify the date, common cause filed a writ petition before the high court of delhi in public interest, praying for issuance of a writ of mandamus directing the union of india to forthwith and without delay issue a notification in the official gazette, as contemplated under section 1(3) of the act notifying the date on which the said act shall come into force in its present form. ..... to government, ministry of law and justice, legislative department, dr.rajendra prasad road, shastri bhawan, new delhi the hon'ble the acting chief justice, j. .....