Judgment Search Results Home > Cases Phrase: delhi rent act 1995 Page 6 of about 396,332 results (0.300 seconds)

Chander Kanta Singhal Etc. Vs. Kapadia Exports and anr.

Court : Delhi

Reported in : 1996VAD(Delhi)108; 65(1997)DLT926; (1997)115PLR56

..... and as such the plaintiffs' suit is not barred under section 50 of the delhi rent control act in view of the judgment in d.c. ..... and (e) the suit is barred under section 50 of the delhi rent control act. ..... to the learned counsel, the notices of ejectment could not be held to be invalid because the same were served by an advocate acting under instructions from his client, and for the reason that such an advocate had not been examined to prove the giving of instructions ..... necessary that a person objecting to the validity of the quit notice under section 106 of the transfer of property act must plead which of the requirements of section 106 had not been complied with. ..... (13) according to the requirements of section 106 of the transfer of property act, a notice of eviction on behalf of the landlord should be in writing and should be signed on behalf of the person ..... not the owners of the suit accommodation and as such they had no right to serve quit notice dated 2.11.89; (b) the suit is not maintainable as the plaintiffs had waived the quit notice dated 2.11.89 by accepting rent for the period from 1.1.90 to 30.4.90 amounting to rs. ..... section 106 of the transfer of property act requires that the notice period has to be as required by the nature of tenancy, should also be such that it expires at the end of the month or the year of tenancy as the case ..... singhal informed the defendants that shri chet ram mittal had died and payment of rent was requested to be made to shri v.k. ..... india, : (1995)1scc104 . .....

Mcd Vs. Harish Chander and ors.

Court : Delhi

Reported in : 115(2004)DLT481

..... whereby the learned tribunal while appreciating the appeal from the judgment and order dated 5.8.1995 of the rent control tribunal declining eviction on the ground of section 14(1)(a) of the delhi rent control act (for short the act) has held that respondent nos. ..... through a gift and the other through a will and also another by way of inheritance, it would not be proper for the rent controller or the tribunal to adjudicate thereon, since a title is a basic question which will have to be gone into. ..... the written statement with the preliminary objection that there is no relationship of landlord and tenant between the parties; that the respondent is paying the rent to the mcd by virtue of the gift dated: 24.07.1977 that there is no document in respect of the adoption of petitioner no. ..... the case the parties would have to have the title determined by recourse to a civil court before taking recourse to the rent act. ..... the learned rent controller has returned a finding that the municipal corporation of delhi is the landlord/owner of the premises in question by virtue of the gift deed dated 24.7.1977 which finding has been reversed by the tribunal on the ground that the gift deed has not been proved ..... it is also alleged that the petitioner never claimed any rent from the respondent prior to 01.06.1985.the petitioner filed the replication denying the version of the respondent and reasserting his claim made in ..... krishna nagar, delhi (hereinafter known as the suit premises) at a monthly rent of rs .....

Model Press Pvt. Ltd. Vs. Mohd. Saied

Court : Delhi

Reported in : 155(2008)DLT403

..... 37/1988 and of clause 'c' of section 3 of the delhi rent control act 1958 was upheld by the supreme court in the decision reported as : (1995)1scc104 d.c. ..... urged at the hearing of the appeals by learned counsel for the appellants was that since section 4, 6 and 9 of the delhi rent control act 1958 have been struck down by this court in raghunandan saran's case (supra), there was no embargo on the landlords to recover the standard rent as determined by said provisions and hence the rates at which rent could be realized by them as on date when the suits were filed would determine the question whether the civil ..... the division bench of this court in raghunandan saran's case (supra) has very pithly summed up the ambit of section 4, section 6 and section 9 of the delhi rent control act 1958 and since the vires of these sections has been tested and held to be offending article 14, 19(1)(g) and 21 of the constitution of india, we need not note down the said provisions as also the ambit thereof and ..... it would not be out of place to note that in para 28 of its decision in raghunandan saran's case (supra), after giving reasons as to why section 4, 6 and 9 of the delhi rent control act 1958 were ultra vires the constitution, the division bench held:the provisions are archic. .....

Asha Rani Gupta Vs. Vineet Kumar

Court : Supreme Court of India

..... this court referred to the scheme of the enactment as also the decision in miss santosh mehta (supra) and held that section 15(7) of the delhi rent act gave discretion to the rent controller, who may or may not pass the order striking out defence but, exercise of this discretion will depend upon the circumstances of each case. ..... in that context, this court observed that under section 15(7) of the delhi rent act, it was in the liberal discretion of the rent controller, whether or not to strike out the defence. ..... this court also observed that it was of harsh and extreme step, and having regard to the benign scheme of the legislation, this drastic power was meant for use in 4 hereinafter also referred to as the delhi rent act . ..... vasdev: (1995) 1 scc356 both these cases related to the operation of section 15(7) of the delhi rent control act, 19574. 10.1.1. ..... in our view, sub-section (7) of section 15 of the delhi rent control act, 1958 gives a discretion to the rent controller and does not contain a mandatory provision for striking out the defence of the tenant against eviction. ..... this court finds from a consideration of the judgments cited by the counsel for either of the parties that the language of order xv, rule 5 cpc is similar to the language used in sub section 7 of section 15 of the delhi rent control act, 1958 and sub section 1 of section 13 of the tripura building lease and control act, 1975. ..... the delhi rent control act, was considered by the supreme court in miss. .....

State Bank of India Vs. Pushpa Arora

Court : Delhi

Reported in : 1996VAD(Delhi)207; 64(1996)DLT557

..... of india and another, : (1995)1scc104 , upholding the validity of the delhi rent control (amendment) act, 1988 holding that fixation of cut ..... of the delhi rent control act was also ..... amendment in the delhi rent control act; whereby tenants paying rent above rs. ..... the act; is not retrospective in nature and since the defendant was a tenant prior to coming into force of the amendment, the same would not apply and thus the suit was barred under section 50 of the delhi rent control act. ..... been interested in renewal of the lease for a further period of one year nothing prevented the defendant to pay to the plaintiff rent at the increased rate by 25% and, thus, the plaintiff was with in her right to terminate the lease through notice dated ..... by and on behalf of the transferor; (c) the terms can be ascertained with reasonable certainty from the document; (d) the transferee is put in possession or if he has already been in possession continues in possession; (e) he has done some act in furtherance of the contract; and (f) the transferee has performed or is willing to perform his part of contract. ..... -respondent it was contended that in the absence of any plea of part performance under section 53a of the transfer of property act it will not be permissible for the defendant-bank to raise this plea in first appeal. ..... property from year to year or for any term exceeding one year or reserving an yearly rent under section 107 of the transfer of property act can be made only by a registered instrument. .....

United India Insurance Company Ltd. Vs. Shakura Ishaq Bhaya and anr.

Court : Gujarat

Reported in : 2008ACJ2711; (2008)1GLR327

..... speaking on behalf of the court, observed in reference to section 39(2) of the delhi rent control act which confers an identical power on the high court to interfere only where there is an error of law.the argument that the learned judges of the high court exceeded their jurisdiction under section 39(2) of the delhi rent control act, when they reversed the finding of bona fide requirement of the appellant, ..... my attention to section 4(a) of the act which is the present section which provides that 50% was amended by act 30 of 1995 with effect from 15-9-1995, but prior to that it provides ..... of monthly wages of the deceased workmen multiplied by relevant factors in view of the fact that the accident took place on 26-12-1991 and the amendment of 50% of monthly wages to be given came into force in 1995 will not be applicable in the present case and to that extent the order of the learned trial judge is modified.10.2 both defendants i.e ..... submitted that the accident arose on 26-12-1991 and prior to 1995 the rate of compensation was 40% and not 50% as ..... after 1995, the act has been amended and compensation has been given at the rate of 50% but the said provision is not applicable in the present case, and therefore, in view of existing provision of section 4(a) of the workmen's compensation act, i accept the contention of the learned advocate for the appellant insurance company that the applicants-respondents herein are entitled to compensation at the rate of 40% and not 50%.regarding interest to .....

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. ..... the supreme court after referring to various authorities declared the said provision to be invalid; holding :'after giving our anxious consideration to the learned arguments addressed before us, we are of the view that clause (b) of section 32 of the act should be declared as violative of article 14 of the constitution because the continuance of that provision on the statute book will imply the creation of a privileged class of landlords no longer exists by lapse of time in the case of the majority of such ..... for example if partners in a partnership firm sell their shares to a third party, it would amount to subletting within the meaning of the rent act whereas in a case of a limited company whose shares are transferred may not result into sub-letting and forfeiting of tenancy since the entity remains the same. ..... union of india, : (1995)1scc104 or on income basis (see delhi cloth and general mills ltd. v. s. .....

Kuljeet Singh vs.s.t.s.enterprises

Court : Delhi

..... union of india (1995) 1 scc104it was held that the delhi rent control act restricts eviction of tenants except on the ..... rent control tribunal (arct) (west), tis hazari courts, delhi in arct no.11/2013) allowing the appeal preferred by the respondent/tenant against the order (dated 22nd december, 2012 of the additional rent controller (arc) (west), tis hazari courts, delhi in e no.137/2011) of eviction of the respondent/tenant from second floor of property no.b-17, block - b, community centre, janakpuri, new delhi in a petition for eviction filed by the petitioner/landlord under section 14(1)(b) of the delhi rent control act ..... section 14 of the rent act prohibits eviction of a tenant forma a premises within the ambit thereof save on the controller constituted under the rent act being satisfied of at least one of the grounds of ..... ; (c) that though it has been held in several judgments that when an individual takes a premises on rent and then converts his sole proprietorship concern into a private limited company in which he has controlling interest, it would not amount to parting with possession but in the present case, at the ..... was at e-32, navada housing complex, opposite kakrola mod, new delhi; and, (iv) denying that the tenancy premises had been sublet, ..... by the defence of the respondent/tenant to the petition for eviction and under such sway passed an order of eviction on the grounds other than those provided under the act and which error has rightly been corrected by the arct.13. .....

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

..... 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 ..... also submitted that 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 have proceeded to ..... trial court framed 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 defendant was liable ..... meters for business, 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 construction of buildings and ..... considered the contention as to constitutional validity of clause (b) of section 3(1) of the rent act and observed that the vires of the provision was upheld by the high court in ..... union of india : (1995)1scc104 ] or on income basis [see delhi cloth and general mills ..... 1995 .....

R.C. Juneja Vs. Prem Dass Bajaj

Court : Delhi

Reported in : 1998IIAD(Delhi)433; 71(1998)DLT34; 1998(44)DRJ172; 1998RLR208

..... (1) in this petition under section 25-b(8) of the delhi rent control act (hereinafter referred to as the act), the petitioner (original respondenttenant) has been challenging the order dated 6.5.1995 refusing leave to contest under sections 25-b(4) & (5) of the act in the proceedings under section 14-c of theact. ..... second floors having four rooms and two rooms respectively, with a separate water and electric connection is available with the respondent/ (originalpetitioner-landlord) and that the demand for eviction under section 14-c of the act is mala fide inasmuch as the respondent has not been completing the flooring and the water and electric fittings and that it is an artificial scarcity/ need created for the purpose of evicting the petitioner from ..... dhir, learned counsel for respondent,that the periodic increase in the rent cannot debar a claim of the landlord on the ground of bonafide requirement, be it under section 14(l)(e) or under section 14-c of the act; that the first and second floor premises cannot be said to be available for residence as the same are not habitable and even if first and second floor are considered available, even then first and ..... (8) all what section 14-c(2) of the act contemplates is whether the landlord is in the employment of the central government or delhi administration and has a period of less than one year preceding the date of his retirement and the premises let out by him are required by him for his own residence after his retirement. .....