Court : Chennai
Reported in : (2004)1MLJ705
..... rental arrears from may, 1995, the tenant filed the petition r.c.o.p.no.4 of 1996 under section 8(5) of the act on 28.2.1996 seeking to deposit the rental arrears of rs.2,100/- and as such, the respondent herein committed default willfully ..... for the respondent strenuously argued that inasmuch as the revision petitioner refused to receive the rent sent by money order for the month of may, 1995 as well the rent sent for the months of may and june, 1995 and also refused to name the bank by replying the notice caused by the respondent, by filing petition r.c.o.p.no.4 of 1996 under section 8(5) of the act the tenant has deposited the same in the said petition and as such, there has ..... the revision petitioner argued that though the rent sent for the month of may, 1995 was refused by the landlord, and also not furnished particulars naming the bank for deposit of the amount by replying the notice sent by the tenant, the respondent did not take steps immediately for depositing the rent in the court as contemplated under the act and it is only after filing of the rent control original petition no.3 of 1996 on 31.1.1996 claiming .....
Tag this Judgment!Court : Delhi
Reported in : I(2004)ACC39; 2005ACJ1968; 2003VIIIAD(Delhi)29; 108(2003)DLT239; 2003(71)DRJ454
..... was held that if the driving license was renewedwith effect from the date of its renewal because of the applicability of the first proviso to section 15(1) of the act, natural corollary would be that the driver had no license to drive the vehicle from the date of its expiry till it was issued by the authority after renewal ..... of the judgment of the supreme court the natural corollary would be that the driver did not have any driving license between 19.4.1995 and 19.2.1996 and the accident having taken place on 8.9.1995, the same was caused by a driver who did not have a valid driving license during that period. 4. ..... it is submitted that in between the driver had obtained the learners license on 1.5.1995 as it was a condition precedent to obtain a regular license from the regional ..... it is submitted that though the accident was caused on 8.9.1995, but firstly as the license of the driver was renewed on 19.2.1996, the same would be deemed to have been renewed w.e.f the date of expiry of the old ..... present case, the driving license had expired on 19.4.1995 and was renewed only on 19.2.1996. ..... 19.4.1995 and secondly even assuming the renewal will not have retrospective validity from the date of the expiry of the earlier license, as the driver had a learners license in his favor on the date of the ..... counsel for the appellant that the driver of the offending vehicle had a valid driving license duly issued by the transport authority in his favor on 19.4.1992, and the same was valid till april, 1995. .....
Tag this Judgment!Court : Delhi
Reported in : 1999VAD(Delhi)431; 81(1999)DLT472; 1999(51)DRJ136; 1999RLR495
..... eviction etition, in this case, was filed in the year 1988 on the ground of section 14(1)(h) of the delhi rent control act, wherein the respondent/landlord sought an order of eviction on the ground that the petitioner/tenant has acquired an alternative accommodation. ..... rawal tried to contend that after the amendment of the delhi rent control act to which the present case pertains, the words 'every order of the controller made under this act' have been further clarified 'only on question of law'. ..... rawal, learned counsel for the petitioner has contended that the appeal itself under section 38 of the delhi rent control act was not maintainable in view of the fact that allowing of amendment is not an appealable order and on this short ground alone this petition under article 227 of the constitution be allowed, quashing the order of the rent control tribunal. ..... in the context of section 38(i), the words 'every order of he controller made under this act', though very wide, do not include interlocutory orders which are merely procedural and do not affect the rights or liabilities of the parties.'3. mr. ..... the dictum of central bank of india's case (supra) holds good in the facts and circumstances of the case as amendment allowed by the addl.rent controller affected the rights of the respondent. ..... amended written statement was taken on record by the rent control tribunal on the same day. 6. ..... petitioner/tenant's evidence wasclosed on 18.4.1995. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2002Delhi81; 93(2001)DLT777
..... the trial court's jurisdiction has to be determined with reference to the date of the institution of the suit and once it is held that the widow, defendant no.1, was tenant within the meaning of the delhi rent control act, the civil court would have no jurisdiction.the appeal is allowed and the impugned judgment is vacated.in view of the fact that the benefit of testability has been available pursuant to a judgment delivered during the pendency of ..... death, but does not include,--(a) any person against whom an order or decree for eviction has been made, except where such decree or order for eviction is liable to be re-opened under the proviso to section 3 of the delhi rent control (amendment) act, 1976 (18 of 1976);(b) any person to whom a license, as defined by section 52 of the indian easements ..... kauran devi, : [1966]2scr544 , where a decree for ejectment was made under the delhi and ajmer rent control act, 1952 against a tenant but the decree could not be executed because of section 19 of the slum areas (improvement and clearance) act, 1956, it was held that section 50 of the rent act does not bar a civil suit for ejectment of a person who is not a tenant under section 2(1) of the rent act. .....
Tag this Judgment!Court : Patna
..... 250/- being rent from the month of december 1995 and, as such, the defendants had to send the monthly rent of december 1995 by money ..... while deciding the question whether the rent control act would apply, their lordships have held that there is no difficulty in determining the scope of the lease where building and piece of land are separately let out but in case of composite lease of land and building, ..... act) and directed the petitioners to deposit the arrears of rent from december 1995 till the date of passing of the order at the rate of ..... whereby he has allowed the application filed by the plaintiffs/ opposite parties under section 15 of the bihar building (lease, rent and eviction) control act (hereinafter referred to as the b.b.c. ..... the instant case, both land together with rooms have been let out by virtue of a composite lease agreement and, therefore, i am of the definite opinion that in such type of tenancy the provision of rent control act will be applicable.16. mr. n.k. ..... said agreement of lease if at all tiny, is an illegal document hit by registration act and section 4 of the bihar building (lease rent and eviction) control act. ..... that view of the matter, according to the learned counsel, the suit will be governed by the rent control act and the court below rightly directed the defendants to deposit the rent.9. ..... act was filed by the plaintiffs for a direction to the defendants to deposit arrears of rent as also the current and future rent in the manner as provided under the said .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2005)4SOT146(Delhi)
..... hon'ble calcutta high court as of now it is judgment in the case of hope (india) that holds the field.having regard to this fact and also the fact that the provisions of section 25b of the act have been introduced only prospectively from assessment year 2001-02, we are of the view that the assessee should win insofar as these five appeals before us are concerned. ..... learned departmental representative argued that the assessee was on the one hand arguing that it received in november, 1995 additional rent by way of enhanced rent as compared to the rent being paid to the assessee in past. ..... 1992) 194 itr 391 (cal); in re jagtar singh purewal (1995) 213 itr 512 (aar) and decision of income tax appellate tribunal, delhi in the case of parveen chand khanna & sons, it appeal no ..... for the assessee heavily relied upon in this respect on the decision of the itat, delhi bench 'd' new delhi dated 6-10-2004 in ita no. ..... have been filed by the assessee on 14-5-2003 against the order of the learned cit(a) xi, new delhi dated 20-3-2003 in the case of the assessee in relation to assessment orders under section 143(3) for assessment years 1991-92 to 1995-96. ..... in that case honble delhi high court dealt with the short question before them and did not examine the position relating to ..... to the supreme court judgment.the learned departmental representative argued that the case of the assessee was covered in favour of the revenue and against the assessee by the judgment of hon'ble delhi high court in cit v. ms. .....
Tag this Judgment!Court : Delhi
..... the essence of the aforesaid decisions of the supreme court and this court is that judicial notice of the increase of rents in urban areas can be taken note of by courts by applying the provisions of sections 57 and 114 of the evidence act, 1872 and while calculating the mesne profits, certain amount of guess work by the court, is inevitable and acceptable. ..... both appeals impugn the judgment and decree dated 10.04.2007 passed by the learned additional district judge, tis hazari courts, delhi (hereinafter referred as the learned trial court ) in suit no.294/2004 whereby the suit was decreed in favour of smt.usha gupta for damages @ rs.1.00 lac per month for use and occupation of the suit premises ..... the property of the respondents/plaintiffs which the appellants/defendants are admittedly in unauthorized occupation of, is situated in one of the poshest colonies of the city of delhi, properties wherein fetch high rentals and which only the elite, affluent, expats and foreigners are able to afford. ..... supra has held that judicial notice, only of a general increase in rent in the city of delhi and not of the rates of rent, in the absence of proof thereof can be taken but it cannot be lost sight of that the courts are for doing justice between the parties and not for, on hyper technicalities, allowing the parties to suffer ..... respectively forming part of the property bearing no.g-1, hauz khas enclave, main mehrauli road, new delhi, by means of a registered lease deed dated 28.06.1995; b. .....
Tag this Judgment!Court : Delhi
..... the essence of the aforesaid decisions of the supreme court and this court is that judicial notice of the increase of rents in urban areas can be taken note of by courts by applying the provisions of sections 57 and 114 of the evidence act, 1872 and while calculating the mesne profits, certain amount of guess work by the court, is inevitable and acceptable. ..... both appeals impugn the judgment and decree dated 10.04.2007 passed by the learned additional district judge, tis hazari courts, delhi (hereinafter referred as the learned trial court ) in suit no.294/2004 whereby the suit was decreed in favour of smt.usha gupta for damages @ rs.1.00 lac per month for use and occupation of the suit premises ..... the property of the respondents/plaintiffs which the appellants/defendants are admittedly in unauthorized occupation of, is situated in one of the poshest colonies of the city of delhi, properties wherein fetch high rentals and which only the elite, affluent, expats and foreigners are able to afford. ..... supra has held that judicial notice, only of a general increase in rent in the city of delhi and not of the rates of rent, in the absence of proof thereof can be taken but it cannot be lost sight of that the courts are for doing justice between the parties and not for, on hyper technicalities, allowing the parties to suffer ..... respectively forming part of the property bearing no.g-1, hauz khas enclave, main mehrauli road, new delhi, by means of a registered lease deed dated 28.06.1995; b. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP182
..... building may also be entitled to seek eviction of their tenants under the relevant provisions of the rent acts applicable in the state where the land or property is located, we find some substance in the submission of the learned counsel for the appellant that permitting the municipal authorities to assess the annual value on the basis of the rent paid by the sub-tenant to the tenant and fixing its liability on the owner may adversely ..... 'it is for this reason, namely, the existence of non-obstante clause in section 138(b) of the said act, that ratnaprabha case was distinguished and was held to be non-applicable in dewan daulat rai case (air 1980 sc 541) because the delhi act did not contain any non-obstante clause like the one with which this court was concerned in ratnaprabha case (air 1977 sc 308), this distinction has again been emphasized ..... , air 1995 sc 1480 are still applicable and once the law laid down therein are made applicable the fixation of standard rent under the ..... daulat rai case (air 1980 sc 541) deal with the first group of municipal laws, the cases in ratnaprabha case (air 1977 sc 308), agm (1975 (4) scc 696), central bank of india case (1995 (4) scc 696), east india commercial co. ..... municipal council, bewda, 1995 mplj 581 : (1995 aihc 4213) wherein the court was dealing with the procedure for imposition of tax and the role ascribed ..... for the city of ahmedabad (1995) 4 scc 696 summed up the gist of the principles deduciable from the decisions in the following .....
Tag this Judgment!Court : Delhi
..... the present petition under article 227 of the constitution of india, the petitioner has assailed order dated 11th october 2010 passed by the additional rent control tribunal dismissing the appeal of the petitioner against the order and judgment of the additional rent controller dated 5th february 2010 whereby the eviction petition filed by the petitioner under section 14(1)(i) of the delhi rent control act, 1958 (in short, called the drc act ) was dismissed.2. ..... however, it was admitted in the written statement that the respondent took the suit premises on rent from sh.rakesh aggarwal on 15th june, 1995 at a monthly rent of `500/- only excluding electricity and water charges to be paid by the respondent directly to ..... not file on record as proof any rent receipt, rent agreement, notice, complaint or deposit of rent as provided under section 27 of the drc act, since 1995 the date when he was inducted as ..... he also denied the suggestion that he visited the suit premises on 15th june, 1995 and collected the rent of `500/- for the period 15th june, 1995 to 14th july, 1995 from respondent in presence of sh.kanwar lal and also denied the suggestion that he himself had handed over the keys of the flat to the respondent at the time of letting out the ..... (c) it is further mentioned in the petition that the premises were given to the respondent with effect from 15th june, 1995 but no agreement in writing was executed as the premises were given on account of respondent being in the employment of .....
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