Judgment Search Results Home > Cases Phrase: delhi rent act 1995 schedule ii schedule ii Page 1 of about 18,299 results (0.120 seconds)

The Chief Secretary, Posts and Telegraphs Telecommuniations, Governmen ...

Court : Karnataka

Reported in : 2007(1)KarLJ459; 2007(1)KCCR90; 2007(1)AIRKarR346; AIR2007NOC312

..... a fact that the defendants could not put forth this plea, but on the other hand it was expressly admitted in terms of para-4 of the written statement that the defendants were initially tenants in the suit schedule properties and the present position was pleaded that the defendants having acquired tittle to the property through acquisition proceedings, the defendants have become owners and therefore plaintiff having lost the ownership ..... to the suit; that admittedly the plaintiff has leased the very property in favour of one a b v gowda for a period of 56 years in terms of exd2; that n terms of the lease deed, the defendants were paying rent to the said a b v gowda and after his demise to his legal heirs who succeeded to his interest and if so the trial court could not have entertained the suits without impleading the said a b v gowda as party ..... , for arrears of rent and future damages was on the premise that the plaintiff had determined the tenancy by notices dated 6-6-1995 [exp3 and 4] issued under section 106 of the transfer of property act and in spite of the demand, the defendants-tenants did not yield possession of the suit schedule properties and it has become necessary for the plaintiff to file the suits for recovery of possession and arrears of rent and also for future ..... appellants-defendants in these appeals are the chief secretary posts & telegraphs, telecommunications, government of india, new delhi and the divisional engineer, bangalore telephones, bangalore.4. .....

Ghulam Qadir Vs. Special Tribunal and ors.

Court : Supreme Court of India

Reported in : JT2001(9)SC231; 2001(6)SCALE667; (2002)1SCC33

..... the court observed:'it is not doubt true that the scope of a revision petition under section 25b(8) proviso of the delhi rent control act is a very limited one, but even so in examining the legality or propriety of the proceedings before the rent controller, the high court could examine the facts available in order to find out whether he had correctly or on a firm legal basis approached the matters on record to ..... sub-section 4 of section 30 provides that the custodian general or the custodian may, at any time, either on his own motion or on application made to him in that behalf, call for the record of any proceeding under the act which is pending before, or has been disposed of, by an officer subordinate to him, for the purposes of satisfying himself as to the legality or propriety of his order passed in the said proceeding an is empowered to pass such order in relation ..... of rule 27 provides that the provisions of section 4, 5 and 12 of the jammu and kashmir limitation act, 1995 shall, so far as they are applicable, apply in computing the period of limitation provided in this rule.33 ..... a period can be extended beyond 12 years, the time provided under section 28 of the limitation act totally extinguishing the rights of the owner in the property and debarring him from seeking a relief with respect to that property including its possession in view of article 142 of the schedule of jammu & kashmir limitation act totally forbidding the enforcement of claim and the remedy, it any.51. .....

Crompton Greaves Ltd. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR2002Bom65; 2002(2)BomCR300; 2002(2)MhLj305

..... bhatia's case (supra) where the challenge was to section 3(c) of the delhi rent act which excluded operation of the said act to any premises whether residential or not, whose monthly rent exceeds rs. ..... it was felt that the laws were being often abused by the rich tenants against the poor or middle class landlords.12 the state of maharashtra appointed a committee known as rent acts enquiry committee (for short tembe committee) which observed as under :'........the result of all this has been that the supply of rental housing in the market is gradually shrinking. ..... 'bank' means; -- (i) the state bank of india constituted under the state bank of india act, 1955; (ii) a subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1959; (iii) a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 or under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1980; or (iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the reserve bank of india ..... union of india, : (1995)1scc104 or on income basis (see delhi cloth and general mills ltd. v. s. .....

Carona Ltd. Vs. Parvathy Swaminathan and Sons

Court : Supreme Court of India

Reported in : AIR2008SC187; 2007(2)BLJR3030; 2007(6)BomCR801; JT2007(11)SC484; (2008)1MLJ51(SC); 2007(11)SCALE630; (2007)8SCC559

..... thus the act has been enacted in order to strike a balance between the interests of landlords and tenants and for giving a boost to house building activity and in doing so the legislature in its wisdom has decided and thought it fit not to extend the protection of the rent act to certain class of tenants like multinationals scheduled banks, public sector undertakings and private ..... laws were being often abused by the rich tenants against the poor or middle class landlords.12 the state of maharashtra appointed a committee known as rent acts enquiry committee (for short tembe committee) which observed as under:.the result of all this has been that the supply of rental housing in ..... the question as to constitutional validity of clause (b) of sub-section (1) of section 3 of the maharashtra rent control act, 1999 (hereinafter referred to as 'the rent act') is pending before this court and in view of the said fact, the courts below ought not to ..... necessary issues and held that the defendant-company was the tenant; the rent act was not applicable; the tenancy was legally and validly terminated; and ..... trade or storage and 125 sq meters for residential purpose.the court, therefore, concluded;it is already seen from the statement of objects and reasons that the object of the act is not merely, to protect tenants but also to provide fair returns to the landlords and to encourage housing activity so as to augment rental housing in the form of ..... (1995)1scc104 ] or on income basis [see delhi cloth ..... 1995 .....

Union of India and ors. Vs. Sh. Rajinder Singh

Court : Delhi

..... the railway servant may be on account of all or any of the following: (a) xxx (b) other government dues such as over-payment on account of pay and allowances or other dues such as house rent, post office or life insurance premia, or outstanding advance, (c) xxx (ii) xxx (iii) sanction to pensionary benefits shall not be delayed pending recovery of any outstanding government dues ..... in the meanwhile, a letter dated 25.5.2009 was sent by the general secretary, irca/drm office complex, new delhi, intimating that ` 22,25,214/- was due as penal rent and ` 97,598/- as electricity bill was due as electricity bill, aggregating `23,22,812/-.the northern railways then claimed that an amount of `3,12,771/- was owed to the respondent ..... act, the estate officer can order recovery of rent arrears that are payable ; the term payable was recognised by the supreme court to mean arrears that are not time-barred in new delhi ..... intimating rejection was made by letters dated 18.9.1995 and 7.9.1995.these letters are sought to be justified by rule 16(8)(c) of the railway service pension rules, 1993, which stipulates that retention of a railway accommodation beyond the permissible period would entitle the northern railways to withhold, recover or adjust from the dcrg, the normal rent, special license fee or damage rent as may be due from the former ..... schedule stipulates three years (from the date the arrears become due) as the limitation period for claiming arrears of ..... the schedule to the limitation act .....

Advert Communications and Another Vs. the Municipal Corporation of Del ...

Court : Delhi

Reported in : 1996VAD(Delhi)300; AIR1997Delhi150; 1996(39)DRJ261; ILR1996Delhi743

..... it was pointed out that under this section it is the function of the commission to advise the central government in the matter of preserving, developing and maintaining the aesthetic quality of delhi and also its environmental design, and also to advise and render guidance to the local authority in respect of building operations or development proposals which affect the sky-line orthe quality of surroundings or any public ..... new delhi municipal committee, 1995 (3) ad (delhi) 1001, the provisions of the delhi urban art commission act, 1973, specially s ..... learned counsel for the plaintiff submitted that the decision in harsh gupta's case 1995 (3) ad delhi 100) (supra) was not rendered in regard to the erection of hoardings ..... if the commission also turns a nelson's eye to what ishappening in delhi and to the haphazard setting up of the structures for commercial purposes, delhi, which is already at the edge of a dark abyss, will be hurtled into' ..... the plaintiff for the purpose of its business acquires and takes on rent or license various sites and locations from private parties and also from the defendant corporation ..... plaintiff seeks permanent injunction against the defendant from removing, defacing, damaging or interfering in any manner with the display of the plaintiff's hoardings at sites as mentioned in schedule 'a' to the plaint.5. mr. ..... 7, 13, 17 and 19 of schedule 'a' and threatened to demolish and remove the ..... to 18 of schedule 'a'. ..... to 6 of the same schedule. ..... to 3 of schedule 'a' . .....

Mr. Nusli Neville Wadia Vs. the New India Assurance Co. Ltd., Being a ...

Court : Mumbai

..... : (1990) 4 scc 406 the supreme court noted that the public premises (eviction of unauthorised occupants) act, 1971 and the delhi rent control act, 1958 both were acts of parliament and fall under concurrent list. ..... of food-stuffs (including edible oilseeds and oils) and such other goods as the president may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods;'[(h) rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants;][(i)] offences against laws with respect of any of the matters specified in sub-clauses (a) to (h)] and fees in respect ..... however, the court considering the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, was pleased to observe that it is a special law and, therefore, would fall under clause 3 of rule 18 and as such the petition will have to be heard by single bench ..... 715 to contend that on considering rule 18(3) a learned division bench in the matter arising from the maharashtra scheduled castes, scheduled tribes, d-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 has taken the view that in view of deletion of entry 44 from rule 18, a division bench can hear the matter.6 ..... scheduled tribes caste certificate scrutiny committee and ors .....

Delhi Urban House Owners Welfare Association, Vs. Union of India,

Court : Delhi

Reported in : 60(1995)DLT644; 1996(37)DRJ126; 1995RLR533

..... sen said that on the basis of aforesaid two decisions of the delhi high court the delhi rent control act was not applicable in cases (1) where the rent was more than rs.3,500.00 per month and (2) the property had been constructed after 1988 (with exemption for ten years from the date of construction). ..... tenancy commences on or after the 1st day of april, 1995 and where the commissioner has reason to believe that the declared rent does not represent the prevalent rent of the year of letting and the difference between declared rent and prevalent rent is more than twenty five per cent of the declared rent, the annual rent shall be the prevalent rent; explanationn:- for the purposes of this clause the prevalent rents shall be determined by a panel of assessors to be appointed by the commissioner ..... it was argued that the subject-matter of the act being a tax on building it was a tax on the capital value of the assets of an individual or company and fell within the scope of entry 86 of list i of the seventh schedule and not under entry 49 of list ii so that it was beyond the legislative competence of the state legislature. ..... any contravention of bye- law framed under section 482 of the act would also appear to be an offence and though this section does not find mention in the twelfth schedule the section itself prescribes punishment for contravention of any bye-law. .....

Gantusa H. Baddi (Dead) by Lrs. Vs. Meerabai G. Pai and ors.

Court : Supreme Court of India

Reported in : JT2000(5)SC277; 2000(4)SCALE74; (2000)4SCC586

..... not correctly decided, as it does not take notice of the earlier decision in vishnu narayan's case : [1995]3scr354 , which was a decision interpreting the very same provision of the karnataka rent control act and which also relied upon the constitution bench decision of this court in gam devi anand's case : air1985sc796 , wherein the pari materia provision of delhi rent control act, 1958 was under consideration. ..... after considering the definitions of 'tenant', the 'landlord' and various other provisions of the delhi act as well as the amendment to the definition of 'tenant' introduced by the delhi rent control act amendment act (act 18 of 1976), which gives personal protection and personal right of continuing in possession to the heirs of the deceased statutory tenant in respect of residential premises only ..... so-called partnership firm being of the father and the sons and the said firm having acquired the premises where business is being carried on and even in the schedule premises the firm in fact was carrying on the business, though the father was the tenant, the conclusion becomes irresistible that an alternative premises is now available ..... on the question whether the provisions of section 21(1 )(p) of the act is attracted or not, the high court came to the conclusion that in view of the evidence of the son of the original tenant that it was the partnership firm, which was running the business in the schedule premises and the said firm has acquired an alternative premise, it must .....

Shri Mohammed Anis Vs. Shri Sameer Ahmed and Others

Court : Delhi

Reported in : 2001VAD(Delhi)29; 92(2001)DLT512; 2001(60)DRJ458

..... the facts of the case are that an eviction petition under section 14(1)(e) read with section 25b of the delhi rent control act (hereinafter referred to as drc act) was filed on 23.5.1994 against the legal heirs of late mohammad ahmed, the erstwhile tenant of the ..... thereafter, since no one was present at the hearing scheduled for 5.8.1998, the opportunity to cross-examine the petitioner went ..... the argument that the case was adjourned on 2.3.1995 for pronouncement of judgment against respondents 3 and 4 and continued i this state for almost three years till 5.12.1998, is ..... the course of hearing final arguments on 4.12.1998, the arc observed that - 'on 2.3.1995 a decree was passed against respondent 3 and 4. ..... it will be recalled that on 2.3.1995 it had been recorded that respondents 3 and 4 had been served but had not applied for leave to contest the eviction ..... this argument is translated into the actual sequence of the hearings of the case, it will be seen that the relevant period would be bounded between 2.3.1995 and 5.12.1998. ..... was filed on 13.11.1995 but was rejected on 12.7.1996 as not maintainable, inter alia, because no application for grant of leave to contest the eviction petition has been ..... neither on 2.3.1995 nor on any date thereafter were proceeding/hearing adjourned for the purpose of considering the nature of orders to be passed against respondents 3 and ..... however, on 2.3.1995, on the concession of the counsel for the petitioner, leave to contest was granted to all the remaining .....