Judgment Search Results Home > Cases Phrase: delhi rent act 1995 Page 22 of about 396,332 results (0.402 seconds)

M/S. Hindustan Petroleum Corporation Ltd. Vs. M/S. Kailash Motors

Court : Allahabad

Reported in : AIR1997All314

..... 3,500/- or more from the purview of the delhi rent act would not apply to the rights acquired by the tenants under that rent act before its amendment in 1988, the apex court observed as follows:--'we are unable to uphold this contention for a number of reasons. ..... mulk raj madan, 1994 (1) jt (sc) 181 : (air 1994 sc 1664), supreme court negatived the argument that a suit filed by landlord for eviction of tenant for terminating his tenancy at a time when the provisions of rent act were not applicable to the building in question, will be governed by the provisions of the act if during the pendency of the suit the provisions of the act become applicable on account of expiry of period of ten years since after the construction of the building in question. ..... alapati jalaiah, 1995 (4) jt (sc) 187 : (air 1995 sc 1781), and held that the prelection provided by the rent act to the tenant was by way of an encroachment on the vested rights of the landlord which he possessed under the general law (namely, the law of contract and the transfer of property act) and once the clog on vested rights of the landlord was removed with the rent act ceasing to be applicable to the building in the tenancy of the tenant, landlord's rights under the general ..... union of india, (1995) 1 scc 104, the apex court of the land had the occasion to consider a similar argument as had been advanced in the case of pcrripali chandrasekharrao and sons (supra). ..... 5 of 1995 whereby provisions of s. ..... 23723 of 1995. .....

Rajpal Singh Alias Rajveer Singh Vs. Abdul Haq Khan and anr.

Court : Allahabad

Reported in : 2002(2)AWC1150

..... prescribed authority apart from the above also found that wife of the landlord was undergoing medical treatment at delhi for last seven years and that the landlord under the said circumstance, cannot afford to shift to ..... whether landlord had bona fide and real intention to leave delhi and to settle at bulandshahr in the context of the circumstance that his wife was treated at delhi, was a relevant consideration and on which the prescribed authority ..... by the prescribed authority under section 21 (1) (a) of the act, vide, judgment and order dated 10.3.1995 (annexure-3 to the writ petition).3. ..... considering the facts of the case, i direct that the rent control appeal in question shall be heard by the concerned district ..... the allegation that he retired in the year 1988 as professor from jamia milia university at delhi and required the house for his own need. ..... 9 near zamia milia university, zakir nagar, new delhi (wherein the landlord was presently residing) belonged to the landlord and that the tenant had failed to file any substantial clinching evidence from nagar ..... the appellate authority shall decide the rent control appeal, in pursuance of the present judgment as expeditiously as possible, preferably within six months from the date of receipt of a certified copy of ..... 1972 (for short called 'the act'), allowing rent control appeal no. ..... (regulation of letting, rent and eviction) act, 1972, u. ..... aggrieved landlord filed rent control appeal ..... bulandshahr in rent control appeal ..... in rent control .....

Dr. K. Madan Vs. Smt. Krishnawati and Another

Court : Supreme Court of India

Reported in : 1996VIIIAD(SC)431; AIR1997SC579; JT1996(10)SC108; 1996(8)SCALE158; (1996)6SCC707; [1996]Supp8SCR516; 1997(1)LC392(SC)

..... this is an appeal by the appellant-tenant in which the challenge is to an order which had been passed under section 14(1)(k) of the delhi rent control act, 1958 (hereinafter referred to as 'the act').3. ..... by order dated 28.10.1995, the high court held that with regard to the plea pertaining to applicability of section 14(1)(k) of the act, the finding of the additional rent controller, delhi and of the tribunal was a question of fact and no question of law arose. ..... the parties then led evidence and, by judgment dated 19.4.1994, the additional rent controller, delhi came to the conclusion that the appellant had been misusing the premises by running her clinic and the misuser/breach of the conditions of the lease could not be condoned permanently by the office of land and ..... by judgment dated 13.9.1985, the additional rent controller, delhi came to the conclusion that the eviction of ground floor under section 14(1)(c) of the act had not been made out. ..... the appellant then filed an appeal to the high court of delhi raising the contentions that order under section 14(1)(k) of the act should not have been passed and secondly, the government had permitted the conversion of the property from lease-hold to free-hold. ..... pursuant to the issuance of the aforesaid notice by the additional rent controller under section 14(11) of the act, the deputy land and development officer filed a written statement before the additional rent controller, delhi. .....

Municipal Corporation of Delhi Vs. Delhi Urban House Owners' Welfare A ...

Court : Supreme Court of India

Reported in : JT1997(8)SC363; 1997(6)SCALE353; (1997)8SCC335; [1997]Supp4SCR418; 1997(2)LC771(SC)

..... where the 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 percent of the declared rent, the annual rent shall be the prevalent rent:explanation : for the purposes of this clause the prevalent rents shall be determined by a panel of assessors to be appointed by the ..... bye-laws, the high court is of the opinion that the said provision is repugnant to section 135 of the delhi municipal corporation act, 1957 (hereinafter referred to as 'the act') inasmuch as it encroaches upon the powers given to the commissioner under section 135 to employ valuers to give him advice in connection with the valuation of any land or ..... appeal by special leave is directed against the judgment dated 18th september, 1995 passed by the division bench of the delhi high court in civil writ petition no. ..... -law 3(i)(a) together with the explanation, is extracted hereunder in extenso for better appreciation of the point in issue:(3) (i) for the purposes of sub-section (1) of section 116 of the act, the annual rent shall be determined as under: (a) where the premises are on rent, the rent actually realised or realizable, unless the same is collusive or concessional, shall be the annual rent. ..... under the delhi municipal corporation act power to make bye-laws has been provided in section .....

Cit Vs. Ms. Sadhna Chadha

Court : Delhi

Reported in : [2004]135TAXMAN242(Delhi)

..... lata bansal, learned senior standing counsel for the revenue, has submitted that since the arrears of rent had accrued to the assessed by virtue of the agreement entered into on 1-8-1995, the date which fell within the relevant previous year, these had to be included in ..... under section 260a of the income tax act, 1961 (hereinafter referred to as the act) is directed against the order, dated 25-2-2003, passed by the income tax appellate tribunal, delhi bench-a, delhi (hereinafter referred to as the tribunal) ..... to a question of law, much less a substantial question of law, to fall within the limited purview of section 260a of the act, which is confined to entertaining only such appeals against the order which involves a substantial question of law.11. ..... section 23, as substituted by the taxation laws (amendment) act, 1976, with effect from 1-4-1976, reads as follows :'annual value how determined(1) for the purposes of section 22, the annual value of any property shall be deemed to be(a) the sum for which the property might reasonably be expected to let from year to year; or(b) where the property islet and the annual rent received or receivable by the owner in respect thereof is ..... urged that in view of the provisions of section 5 of the act, providing for inclusion of all the income derived from whatever source, received or deemed to be received in the relevant year, the entire amount received by the assessed towards rent had to be included in the total income of the previous year .....

Commissioner of Income Tax Vs. Reebok India Company

Court : Delhi

Reported in : [2007]291ITR455(Delhi)

..... as security deposit) paid by the assessed to its landlord under the agreement to lease dated 10th march, 1995 was not 'rent' as defined in the explanationn to section 194-i of the act and, accordingly, the appeal filed by the revenue is accepted.15. ..... officer vide his order dated 16th march, 2000 held that the amount of security deposit was nothing but advance rent and hence as per provisions of section 194-i of the act, the assessed should have deducted tax at source there from and as such he raised a demand of ..... unless otherwise agreed the rent shall become due and payable every six months in arrears, that is, to say that the first six months' rent (from february 1, to july 31, 1995) will become due and payable on july 31, 1995 and thereafter the rent will become due and payable every six months.3.2(a) simultaneously with the execution of the agreement reebok has paid to abco an ..... , not being an individual or a hindu undivided family, who is responsible for paying to any person any income by way of rent, shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at ..... bijwasan, new delhi at a monthly rent of rs ..... been filed by the revenue under section 260a of the income tax act, 1961 (hereinafter referred to as act) against the order dated 2nd september, 2005 passed by the income tax appellate tribunal, delhi in ita(tds) no. .....

Kanhaiya Lal Vs. Hari Singh

Court : Rajasthan

Reported in : AIR1996Raj182

..... this judgment to this case, i am of the opinion that both the courts below have failed to take notice of this important aspect and provisionally rent was fixed by the trial court under section 13(4) of the act without determining final rent under section 13(7) of the act and the first appellate court has partly reversed the findings of the trial court only on the question of default without considering the above aspect which ..... question which arose before the apex court in appeal preferred by the tenant on the question of striking out the defence of the tenant on account of his failure to deposit the rent in accordance with bihar building (letting, rent and eviction) control ordinance, 1982 the high court had noted the conduct of tenant in complying with the orders mentioned therein and that high court was of the view that the ..... question had arisen before delhi high court on the ground of sub-letting under section 14(1)(b) of delhi rent control act, 1958 which is analogous provision to section 13(1)(d) of the act. ..... and thus right from january, 1978 to june, 1995 for 210 months excess payment has been made by the appellant to the respondent which the plaintiff is liable to refund to the defendant along with compound ..... 7th march, 1995 passed by ..... march, 1995 passed by ..... dwarka dass, 1995 (3) vvlc (raj) ..... to this court against the judgment and decree, dated 7th march, 1995 passed by addl. ..... 2 1/2 years it would have multiplied by 29169 + 4167/2 + 19169 = 16668 + 29169 = 45837.00 up to june, 1995. .....

M/S New Okhla Industrial Development Authority Vs. Commissioner Income ...

Court : Supreme Court of India

..... having held that noida is covered by the notification dated 22.10.1970, the judgment of the delhi high court holding that noida/greater noida is entitled for the benefit of section 12 194a(3)(iii)(f) has to be ..... other entities also filed the writ petitions in the delhi high court praying for more or less the same reliefs relating to lease rent payment and for payment of interest to greater noida. ..... these appeals have been filed against the common judgment of delhi high court dated 16.02.2017 by which the delhi high court has allowed the writ petitions filed by the private respondents ..... coming to the direction of the high court regarding deduction of tax at source on the payment of lease rent as per section 194 i of the income tax act, 1961, the authority has relied on circular dated 30.01.1995. ..... the writ petitions involving common questions of law and facts were heard together and were allowed by the delhi high court by its judgment dated 16.02.2017. ..... aggrieved by the aforesaid judgment of delhi high court, greater noida, noida as well as revenue has filed these ..... delhi high court further 7 held that interest income of the noida and greater noida is exempted under the notification dated 22.10.1970 issued under section 194a(3)(iii)(f) of the income tax act ..... bhushan ) new delhi, july02 2018. ..... the delhi high court held that noida and greater noida are not local authorities within the meaning of section 10(20) as amended ..... the delhi high court after hearing all the parties allowed the writ .....

Madan Mohan Agarwal and ors. Vs. Girish Kumar Chaturvedi and anr.

Court : Allahabad

Reported in : 2008(4)AWC3991

..... (supra), the court found that the criteria for determination and fixation of rent by freezing or by pegging down of rent as on 1.9.1940 or as on first date of letting, had, with the passage of time become irrational and arbitrary but did not strike down the same on the ground that extended period of bombay rent act was coming to an end on 31.3.1998.13. ..... 2004 (2) arc 652, i have held that the same principle of enhancement of rent to a reasonable extent may be made applicable while dismissing the writ petition of the landlord for the reason that by doing so writ court approves the protection of rent control act granted to the tenant by the courts below.17. ..... thereafter in para 8 of the aforesaid authority of khursheeda, i held as under:rent control act confers a reasonable advantage upon the tenant of protection against arbitrary eviction. ..... it was also stated that applicant landlord was also having a house at delhi regarding which power-of-attorney had been executed in his favour. ..... the writ court therefore while granting or maintaining the relief against arbitrary ejectment to the tenant can very well ask the tenant to shed the unreasonable benefit of the rent control act granted to him in the form of immunity against enhancement of rent, however inadequate the rent might be. ..... release application was filed on 9.6.1995 and landlord applicant was to retire on 31.8.1995.3. ..... however, the said house had been sold by landlord applicant on 13.2.1995 for rs. ..... 15 of 1995. .....

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

..... of this court in venkatesh thimmaidh's case, must be held to have been 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 and not with regard to the heirs of the so-called 'statutory tenant' in ..... respect of commercial premises, the court observed that the termination of the contractual tenancy in view of the definition of tenant in the act does not bring about any change .....