Court : Supreme Court of India
Reported in : AIR1964SC1305; [1964]4SCR647
..... the control act of 1958 repeals the delhi and ajmer rent control act, 1952, hereinafter called the control act of 1952, in so far as that act was applicable to the union territory of delhi, but contains certain savings in respect of "suits and proceedings" pending at the commencement of the control act of 1958. ..... 57 of the delhi rent control act, 1958, hereinafter referred to as the control act of 1958. ..... while the revision petition was pending in the high court the delhi rent control act 1958 came into force. ..... it states in express terms that notwithstanding the repeal of the control act of 1952, all suits and proceedings under the control act of 1952 pending before any court or other authority at the commencement of the control act of 1958, shall be continued and disposed of in accordance with the provisions of the control act of 1952, as if the control act of 1952 had continued in force and the control act of 1958 had not been passed. ..... (1) the delhi and ajmer rent control act, 1952, in so far as it is applicable to the union territory of delhi, is hereby repealed. ..... (1) the delhi and ajmer rent control act, 1952, in so far as it is applicable to the union territory of delhi, is hereby repealed. ..... it was argued before us that the first proviso related only to two matters, (a) fixation of standard rent and (b) eviction of a tenant, and the intention was that in these two matters only the provisions of the control act of 1958 would apply and not in others. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR2304; 2003(3)KarLJ505
..... that case the supreme court considered section 57 relating to repeal in delhi rent control act, 1958. ..... states in express terms that notwithstanding the repeal of the control act of 1952, all suits and proceedings under the control act of 1952 pending before any court or other authority at the commencement of the control act of 1958, shall be continued and disposed of in accordance with the provisions of the control act of 1952, as if the control act of 1952 had continued in force and the control act of 1958 had not been passed. ..... said section reads as follows:'57(1) the delhi and ajmer rent control act, 1952, insofar as it is applicable to the union territory of delhi, is hereby repealed. ..... section (3) makes the provisions of section 6 of the karnataka general clauses act, applicable to the repeal of the karnataka rent control act, 1961, where section 70(2) is not applicable.16.1 if section 70 had contained only sub-section (1) repealing the old act and nothing more, the provisions of section 6 of the karnataka general clauses act, 1899 in its entirety would have applied. ..... the contentions urged, the following two questions arise for consideration:(i) what is the effect of repeal of karnataka rent control act, 1961 on the pending proceedings initiated under that act, in regard to premises to which the karnataka rent act, 1999 does not apply? ..... is the effect of repeal of the karnataka rent control act, 1961 in regard to orders of eviction passed under the said act before such repeal?12. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(2)Raj819; 2003(4)WLC790
..... during the pendency of these proceedings the rent control act 1952 was repealed and was replaced by delhi rent control act 1958 prohibiting sub-tenancy by the tenants. ..... this follows the pattern as envisaged by section 6 of the general clauses act, 1897.the provisions of sub-section (2) of section 57 of the delhi rent control act 1958 are similar to the provisions of sub-section (3)(a) of section 32 of the rajasthan rent control act 2001. ..... there are no similar provisions in the rajasthan rent control act 2001 as contained in first proviso of delhi rent control act 1958, with regard to fixation of standard rent. ..... following common question of law arises in these four appeals:-'whether the proceedings for fixation of standard rent under the repealed act pending on the date of commencement of the rajasthan rent control act, 2001, would be governed by the rajasthan premises (control of rent & eviction) act 1950 (for short the old act) or by the provisions of rajasthan rent control act 2001 (new act) which came into force w.e.f. 1.4.03.?'2. ..... - (1) the delhi & ajmer rent control act, 1952 (38 of 1952), insofar as it is applicable to the union territory of delhi, is hereby repealed. ..... under section 20 of the delhi & ajmer rent control act, 1952, the tenant was empowered to sub-let the suit property. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1972Delhi156
..... for the eviction of tenant on any other ground during the first two years the effect in law is not that the other provisos of section 14(1) of the delhi rent control act, 1958 are impliedly repealed by section 29(1) of the displaced persons (compensation and rehabilitation) act but rather that section 29(1) prevails over them for the first two years of the tenancy. ..... law that the rent control act does not impliedly repeal the provisions of section 106 of the transfer of property act and that the termination of the contractual tenancy is necessary before a petition for eviction can be field under the delhi rent control act 1958. ..... grounds of eviction listed in the provisos to section 29(1) are analogous to the provisions of provisos (a), (b) and (j) to section 14(1) of the delhi rent control act, 1958 so that the landlord would be able to file a petition for eviction against the tenant if the default of the tenant was covered by these ..... tenant by the landlord in an area subject to the rent control act, 1958 is exclusively vested in the controller by section 50(1) of the delhi rent control act, 1958 and the jurisdiction of the civil court is excluded. ..... the appeal fails mainly on the ground that the petition for eviction cannot be filed whether under section 29 of the displaced persons (compensation of rehabilitation) act, 1954 or under section 14 of the delhi rent control act, 1958 unless and until a cause of action arises in favor of the landlord and is pleaded and proved by him. .....
Tag this Judgment!Court : Delhi
Reported in : 2002IIAD(Delhi)261; 95(2002)DLT508; 2002(61)DRJ457; 2002RLR149
..... . over the years the restrictions and limitations imposed andcontinued by various rent control legislations, namely, the new delhi house rent control order, 1939; the punjab urban rent restriction act, 1941; the delhi rent control ordinance, 1944; the ajmer-mewar control of rent and eviction order,1946; the delhi and ajmer-merwara rent control act 19 of 1947; and delhi and ajmer-merwara rent control act 38 of 1952, the delhi rent control act, 1958, have curtailed the growth of housing in general and rental housing ..... theamendments are extensive and substantial in nature, instead of makingchanges in the delhi rent control act, 1958, it is proposed to repeal andreplace the said act by enacting a fresh legislation. 4 ..... the same rationale as was applied by the supreme court in malpe vishwanath acharya (supra) and the kerala high court in issac nina (supra), we are of the view that sections 4, 6 and 9 of the delhi rent control act, 1958, dealing withdetermination and fixation of standard rent, which have not taken into account the huge difference between the cost of living in the past and the present time, do not pass the test of reasonableness ..... the grievance of the petitioner is that under the provisions of the delhi rent control act, 1958 the rent is pegged at a very low level which is highly unjust, unfair ..... already noticed, the prices of goods and commodities have been continuously on the rise, but rents of premises to which delhi rent control act, 1958 applies, have remained more or less static .....
Tag this Judgment!Court : Delhi
Reported in : AIR1999Delhi257; [1998(79)FLR954]
..... necessity to repeal and replace the delhi rent control act, 1958 for the purpose of achieving the growth of housing in general is evident from the statement of objects and reasons of the new rent act which reads as follows :- 'the relations between landlords and tenants in the national capital territory of delhi are presently governed by the delhi rent control act, 1958. ..... amendments are extensive and substantial in nature, instead of making changes in the delhi rent control act, 1958, it is proposed to repeal and replace the said act by enacting a fresh legislation. 4. ..... that the central government has not issued the notification under section 1(3) of the new rent act shows that it does not feel bound by the parliamentary decision to replace the delhi rent control act, 1958 especially when it has virtually decided not to enforce the new rent act in the present form. ..... the demand for further amendments to the delhi rent control act, 1958 received fresh impetus with the tabling of the national housing policy in both houses of parliament ..... the delhi rent control act, 1958 underwent amendments from time to time in 1960, 1963, 1976, 1984 ..... even if the government has expressed its inability to enforce the delhi rent control act, as per its additional affidavit, i am of the view that this is still a matter of legislative concern and not a matter where a writ court can issue a mandamus ..... case is of refusal of the central government to bring into force the delhi rent control act, 1995 (act no. .....
Tag this Judgment!Court : Delhi
Reported in : 1999IIAD(Delhi)689; 78(1999)DLT638
..... repeal and replace the delhi rent control act, 1958 for the purpose of achieving the growth of housing in general is evident from the statement of objects and reasons of the new rent act which reads as follows :'the relations between landlords and tenants in the national capital territory of delhi are presently governed by the delhi rent control act, 1958 ..... extensive and substantial in nature, instead of making changes in the delhi rent control act, 1958, it is proposed to repeal and replace the said act by enacting a fresh legislation.4. ..... central government has not issued the notification under section 1(3) of the new rent act shows that it does not feel bound by the parliamentary decision to replace the delhi rent control act, 1958 especially when it has virtually decided not to enforce the new rent act in the present form. ..... the demand for further amendments to the delhi rent control act, 1958 received fresh impetus with the tabling of the national housing policy in both houses ..... the delhi rent control act, 1958 underwent amendments from time to time in 1960, 1963, ..... of refusal of the central government to bring into force the delhi rent control act, 1995 (act no. ..... 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. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2004]136STC261(P& H)
..... section 57 of the delhi rent control act, 1958, contemplated that notwithstanding such repeal, all suits and other proceedings under the said act pending at the commencement of the 1958 act before any court or other authority shall be continued and disposed of in accordance with the provisions of the said act as if the said act had continued in force and this act had not been passed ..... case : (1994)5scc465 , the honourable supreme court was considering the matter where the delhi and ajmer rent control act, 1952, was repealed by the delhi rent control act, 1958. ..... it has been pointed out that the learned tribunal has misinterpreted the provisions of law and erred in law in holding that the hgst act and hvat act operate in different fields and, therefore, liability under the one act cannot be said to be repealed by another act, even judgment in manphul singh sharma's case : (1994)5scc465 , has been misread by the tribunal as right to file appeal without pre-deposit of tax, penalty or interest ..... the following observations made by the supreme court in the above case :'......section 6 of the gc act enumerates, inter alia, that where the act repeals any enactment, unless a different intention appears, the repeal shall not (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed of anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC3148; 2008(3)ALD147(SC); 2008(56)BLJR1811; 148(2008)DLT705(SC); JT2008(5)SC376; 2008(6)SCALE325; (2008)5SCC287; 2008(3)ICC326; 2008(3)Supreme37; 2008AIRSCW3324; 2008AIRSCW3324; 2008(3)ICC326; 2008(3)Supreme37
..... are extensive and substantial in nature, instead of making changes in the delhi rent control act, 1958, it is proposed to repeal and replace the said act by enacting a fresh legislation.4. ..... from paragraph 17 of the judgment, which is extracted below:in gian devi case the question for consideration before the constitution bench was whether under the delhi rent control act, 1958, the statutory tenancy in respect of commercial premises was heritable or not. ..... whether section 14(1)(e) of the delhi rent control act, 1958 (for short 'the 1958 act') is ultra vires the doctrine of equality enshrined in article 14 of the constitution of india is the question which arises for determination in these ..... the demand for further amendments to the delhi rent control act, 1958 received fresh impetus with the tabling of the national housing policy in both houses of ..... as under:statement of objects and reasons:the relations between landlords and tenants in the national capital territory of delhi are presently governed by the delhi rent control act, 1958. ..... years, the delhi rent control act, 1958 was enacted. ..... shri gambhir pointed out that in the delhi rent control act, 1995 (for short 'the 1995 act'), which was enacted by the parliament in the light of the national housing policy, 1992 and observations made by this court in ..... on the landlord's right to recover possession of the non-residential premises was introduced in the delhi and ajmer-marwara rent control act, 1947 and was continued under the 1958 act. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1993Delhi278
..... delhi rent control act, 1958 has repealed the delhi and ajmer rent control act ..... : [1964]4scr647 meaning of the words 'shall have regard to the provisions of the act' as appearing in section 57(2) of delhi rent control act. ..... that notwithstanding such repeal, all suits and other proceedings under the said act (1952 act) pending, at the commencement of 1958 act, before any court or other authority shall be continued and disposed of in accordance with the provisions of the said act as if the said act had continued in force and 1958 act had not been ..... the controller, in exercise of the powers conferred by sub-paragraph (i) of para 20 read with para 27 of the 1992 milk order and having regard to the factors specified in sub-paragraph (2) of para 20 of the 1992 milk order, in order to maintain and increase the supply of liquid milk in the union territory of delhi, made on 9th june 1992 an order called 'the delhi (milk product) control order 1992' to come into force on the date of its publication ..... on 23rd july 1992 the controller in exercise of powers conferred by sub-para (1) of para 20 read with para 27 made another order for union territory of delhi on the similar lines as the earlier order dated 9th june, 1992 except that in this order the definition of ' ..... section 57(2) provides that any suit or proceeding fixation of standard rent or for eviction of tenant from any premises to which section 54 does not apply the court or other authority shall have regard to the provisions of 1958 act. .....
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