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Common Cause Vs. Union of India and Others

Court : Delhi

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

..... 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. ..... of india and others, , a three judge bench of the supreme court gave a direction to the union government to take steps to issue the notification applying the provisions of chapter iii of the legal services authorities act, 1987, to the states/union territories to which such provisions had not been made applicable, within two weeks of the passing of the order. ..... soon as the rules are framed, the same shall be duly intimated to the union government and the union government shall take steps to issue the notification applying the provisions of chapter iii to that state/union territory within two weeks from the date of such intimation.' 10. ..... provisions of the act except chapter iii were extended to all the states and the union territories on 9-11-1995. ..... legal services authorities act, 1987, except chapter iii thereof, was extended to all the states vide notification of the central government dated november 9, 1995. ..... supreme court not only directed the framing of the rules by the states and the union territories but also asked the central government to issue the requisite notification applying the provisions of chapter iii to the states and the union territories. ..... however, the provisions of chapter iii of the legal services authorities act, 1987, were not extended to a number of states and union .....

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

Court : Delhi

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

..... 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. ..... (1998)5scc762 , a three-judge bench of the supreme court gave a direction to the union government to take steps to issue the notification applying the provisions of chapter iii of the legal services authorities act, 1987, to the states/union territories to which such provisions had not been made applicable, within two weeks of the passing of the order. ..... soon as the rules are framed, the same shall be duly intimated to the union government and the union government shall take steps to issue the notification applying the provisions of chapter iii to that state/union territory within two weeks from the date of such intimation.'10. ..... provisions of the act except chapter iii were ex-tended to all the states and the union territories on 9-11.1995. ..... legal services authorities act, 1987, except chapter iii thereof, was extended to all the states vide notification of the central government dated november 9, 1995. ..... court not only directed the framing of the rules by the states and the union territories but also asked the central government to issue the requisite notification applying the provisions of chapter iii to the states and the union territories. .....

Indian Hotels Co. Ltd. and anr. Vs. New Delhi Municipal Council and or ...

Court : Delhi

Reported in : 1996IIIAD(Delhi)299; 63(1996)DLT163

..... for the years 1983-84 to 1991-92, the assessing authority has fixed the rateable value by reference to chapter v of the delhi rent control act, 1958. ..... on 8.1.95, the respondent-ndmc issued a public notice that the assessment list for the year 1995-96 of the lands and building in the ndmg area had been prepared pursuant to section 70 read with sections 72-73 of the new delhi municipal council act, 1994 (hereinafter ndmc act, for short). ..... '(24) thus the concluding part of the order of assessment vide para 13 read with the opening sentence of the order of assessment leaves no manner of doubt in holding that the figure of rs.45,90,88,196.00 was arrived at on the basis of chapter v of the drc act and the same has been maintained for the year 1995-96. ..... so far as the appellant is concerned an order of assessment has been passed on 18th december, 1995 whereby disposing of all the objections preferred on behalf of the appellant the annual rateable value of the hotel property has been appointed at rs.45,90,88,196.00 less 10%. ..... this was the rateable value proposed for the year 1995-96 too. ..... on 26.12.95, the respondent- ndmc has notified the assessment list of the buildings within the area of ndmc as having been finalised for the year 1995-96. .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... law, we have come to the conclusion that the provisions of section 14a and chapter iia of the rent control act must prevail over those contained in sections 19 and 39 of the slum clearance act.this proposition was relied upon for submitting that the finance acts being subsequent laws, as section 158ba(1) was introduced by the finance act, 1995, whereas the levy of surcharge was introduced by the finance acts, 1996 to 1998, and hence the subsequent laws have to be given ..... to. this contention of the revenue cannot be accepted for the reason that it was by the finance act, 1995, that chapter xivb of the income-tax act, 1961, was introduced and it is in the same finance act, under section 2(7) reference to section 113 has appeared for the purpose of payment of advance tax as well as deduction of tax at ..... sections. the only question is as to whether there is a charging section under finance act to levy surcharge on undisclosed income of a block period.12.71 the revenue also relied on the judgment of the hon'ble supreme court in , wherein it was held as follows: the argument of implied repeal has also no substance in it because our reason for according priority to the provisions of the delhi rent act is not that the slum clearance act stands impliedly repealed pro ..... ) there is however, another decision of the delhi bench of the tribunal in friends overseas (p) ltd. v. .....

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 concerned. ..... 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 14(1)(e). ..... chapter iii of delhi rent control act, 1958 deals with control of eviction of tenants. ..... it is submitted that summary procedure which was brought in the statute by inserting chapter iii-a by act 18 of 1976 with effect from 01.12.1975 specially section 25b which was special procedure for the disposal of 16 applications for eviction on the ground of bonafide requirement under section 14(1)(e) was meant only for residential premises. ..... it is on the strength of the judgment of this court in satyawati sharma that after the said judgment landlords of non-residential premises have also filed application for eviction under section 14(1)(e) which are dealt with by the rent controller as per procedure contained in chapter iii-a of the act, 1958. ..... chapter iii-a contains summary trial of certain applications . .....

V. Seenaiah Vs. Executive Engineer (Housing), Warangal Division and or ...

Court : Andhra Pradesh

Reported in : 2009(4)ALT666

..... or (2), as the case may be, within the time specified in the notice, the competent authority may, after giving such person a reasonable opportunity of being heard, recover the amount due by him on account of arrears of rent together with such other amounts as may be due by him under the contract agreement, lease, indemnity bond, damages or otherwise, by attachment, lease, indemnity bond, damages or otherwise, by attachment and sale of the movable property ..... 19, read with clause 10 of the agreement, in case of default in payment of dues, the petitioner is liable for eviction under the procedure laid down by chapter vi of the act and thereupon the agreement shall stand determined and the amounts paid by him shall stand forfeited to the board. ..... to pay the dues even after receipt of the said notice, by order dated 3-4-1995 the allotment made to the revision petitioner was cancelled and the case was referred to the primary authority on 25-7-1995 under sections 52 and 53 of the act for recovery of dues and for eviction of the revision petitioner. ..... notice in form 'a' for vacation and notice for payment of arrears and notice for damages dated 23-6-1995 had been served and the revision petitioner failed to comply with the orders made in the said notices given by the ..... the receipt of the notice was acknowledged by the revision petitioner on 26-1-1995 but the dues were not paid within the time specified till the date of filing of the petition before the primary authority and hence appropriate .....

Annapoorna Agencies (P) Ltd. Vs. Union of India

Court : Delhi

Reported in : [2004]141TAXMAN542(Delhi)

..... as stated above, although number of prayers are made in the writ petition the only argument advanced by learned counsel for the petitioner was that provisions of chapter xxc of the act apply only to agreement for transfer made on or after 1-10-1986 and these provisions would not apply to the case of the petitioner since agreement in question was dated 7-3-1986 ..... was held:(i) that since the transaction by the agreement dated 30-9-1986, was covered by the provisions of section 269ab of the act which fell under chapter xx-a, the provisions of chapter xx-a alone were applicable;(ii) that since the provisions of chapter xx-c were not applicable, the petitioner was not required by law to file form no. ..... appropriate authority : [1991]188itr623(delhi) , this court came to the conclusion that the provisions of chapter xxc of the act shall not apply to the agreement for transfer ..... as per clause 19 of the agreement the petitioner also became liable to pay the proportionate amount of municipal taxes, ground rent, water and electricity charges, maintenance services and other out goings and expenses in respect of the said apartment with effect from the date of the execution of the agreement.3 ..... far as the income-tax authorities were concerned they were acting under the bona fide belief that the provisions of chapter xx-c were applicable and thus the order was passed.5. ..... union of india : [1995]213itr749(delhi) ; tanvi trading & credits (p) ltd. v ..... appropriate authority : [1995]211itr102(cal) ; capt .....

Annapoorna Agencies Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 113(2004)DLT683; [2005]278ITR351(Delhi)

..... as stated above, although number of prayers are made in the writ petition the only argument advanced by learned counsel for the petitioner was that provisions of chapter xxc of the act apply only to agreement for transfer made on or after 1.10.1986 and these provisions would not apply to the case of the petitioner since agreement in question was dated 7.3. ..... was held:(i) that since the transaction by the agreement dated september 30, 1986, was covered by the provisions of section 269ab of the act which fell under chapter xx-a, the provisions of chapter xx-a alone were applicable;(ii) that since the provisions of chapter xx-c were not applicable, the petitioner was not required by law to file form no. ..... appropriate authority, : [1991]188itr623(delhi) , this court came to the conclusion that the provisions of chapter xxc of the act shall not apply to the agreement for ..... per clause 19 of the agreement the petitioner also became liable to pay the proportionate amount of municipal taxes, ground rent, water and electricity charges, maintenance services and other outgoings and expenses in respect of the said apartment w.e.f. ..... although the petitioner has also challenged virus of some income-tax rules as well as provisions of income-tax act, that challenge was not pressed before us and the challenge was confined to the validity of the aforesaid order ..... union of india : [1995]213itr749(delhi) ; tanvi trading and credits ( ..... appropriate authority, : [1995]211itr102(cal) ; sanjeev sethi (capt.) .....

A.S. Impex Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2001)(74)ECC375

..... from payment of duty provided these are used for the manufacture of black & white tvs and where such use is elsewhere than in the factory of production, the procedure set out in chapter x is followed; that the basic requirement for following the chapter x procedure is that having obtained a licence in form l-6, the manufacturer has to execute a bond, obtain a ct-2 certificate for obtaining the goods at the nil or concessional rate of duty; that at ..... are that the appellants manufacture pcbs for black and white tvs which were cleared by them without payment of central excise duty to their store situated at a-11, okhla industrial area, phase-i, new delhi; that such cleared pcbs were stated to be used in the manufacture of black & white tvs by the appellants. ..... that the appellants were manufacturing pcbs at c-66/i, okhla industrial area, phase-ii since march, 1994; that they have taken on rent the premises at a-11, okhla industrial area, phase-i for use as central stores since april, 1995 where all the inputs required for t.v. ..... 3,25,95,890/- and imposed penalty of equal amount under section 11 ac of the central excise act holding that the appellants had failed to establish that the impugned pcbs were used in the manner stipulated in the ..... accordingly provisions of section 11ac of the central excise act cannot be brought into play because provisions being penal in nature cannot be invoked for the past period and secondly since the proviso to section 11a(1) of the act is not applicable. .....

The Punjab and Sind Bank and ors. Vs. Kashmir Singh Bhullar

Court : Punjab and Haryana

Reported in : (1996)113PLR571

..... while dealing with the provisions of sections 25b(40), 14(1) proviso (e) of delhi rent control act, 1958 the apex court has held that 'leave has to be granted when eviction is sought on the ground of bonafide personal requirement and that ground is disputed by the ..... of the case are that the landlord-petitioner-respondent filed ejectment petition under section 13-a of the east punjab urban rent restriction act, 199 (in short the 'act') for respondent-petitioners' ejectment from the demised premises comprising basement, ground floor and first floor of house no. ..... in sunil kumar's case (supra), a single bench of this high court has held that the rent controller cannot go into the question of sufficiency or insufficiency of accommodation with the landlord. ..... supra), a single bench of this high court has held that if the specified landlord is seeking additional accommodation being already in possession of four rooms and a kitchen, leave to defend should be given to the tenant because the rent controller is required to examine whether the existing accommodation was enough or hot. ..... therefore, the aforementioned certificate should not have been relied on by the rent controller to hold that the petitioner-respondent-landlord is a specified landlord ..... the rent controller is a persona designation under the act, who acts as a quasi-judicial tribunal to decide the matter covered by the act and thus has not the trappings of a civil ..... iv, chapter 12-b para ..... jagmohan singh, (1995-3)111 plr 533 and .....