Court : Supreme Court of India
Reported in : AIR1974SC2009; (1974)2SCC402a; [1975]1SCR1
..... executive officer to withhold permission to execute a decree which the petitioner had obtained after satisfying the reasonable requirements of the law as enacted in the rent control act and thus offends article 14. in considering this argument the court referred to the summary of the decisions of this court laying down the proper ..... bombay housing board : [1954]1scr572 upholding the exemption of premises belonging to the government or a local authority from the provisions of the bombay rents, hotel and lodging house rates control act, 1947; the collector of malabar v. erimal ebrahim hajee 1957 scr 970 upholding the provision for special modes of recovery for income-tax; ..... not fall to be considered in the present appeal.13. in jyoti pershad v. administrator for the union territory of delhi : [1962]2scr125 sections 19 of the slum areas (improver ment and clearance) act, 1956, which provided that any decree obtained for the eviction of a tenant in respect of buildings in areas declared .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1744; 1984(2)SCALE65; (1984)4SCC66; 1984(16)LC890(SC)
..... in plaint, effective from may 1,1955. on october 10, 1955 appellant filed a petition in the court of senior sub judge, delhi under section 8 of the delhi and ajmer rent control act, 1952 ('act' for short) praying for determination of the standard rent of the premises effective from the date of the commencement of his tenancy. landlord lakhmir singh entered appearance and contested the application ..... inter-alia contending that the petition was barred by limitation. the trial court held that the petition was not barred by limitation and fixed the standard rent .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1574; JT1993(1)SC146; (1993)103PLR410; 1993(1)SCALE109; (1993)2SCC68; [1993]1SCR149
..... 13(2)(ii)(b); and impairment of value and utility of the rented building under section 13(2)(iii) of the east punjab urban rent restriction act, 1940. the appellant contested the petition denying the existence of any of these grounds for eviction.2. the rent controller dismissed the petition holding that none of the three grounds had been proved ..... 1956 clearly says that the provision allowing eviction on the ground of personal need has been misused by certain landlords and according to the act applicable to delhi, the tenants of industrial and commercial premises cannot be ejected on the ground of personal need, while in the punjab, such tenants can be evicted ..... that the tenants of non-residential property in the punjab should be placed at par with tenants of such property in delhi. thus, the object of this enactment was to equate the punjab tenants with delhi tenants and exclude the ground of landlord's personal need for eviction of tenants of non-residential property. to achieve this .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1406; [1963]1SCR491
..... v. the commonwealth (1936) a.c. 578 did not lay down : 'every step in the series of operations which constitutes the particular transaction is an act of trade, and control under the state law of any of these steps must be an interference with its freedom as trade.' (p. 629) 187. the passage represents the ..... of the local legislatures were, however, not unlimited. apart from the limitations arising from the allotment of subjects under the devolution rules, there was a control of the center. any act passed by the local legislature could be disallowed by the governor-general or the crown. in certain circumstances, it could be repealed by the indian legislature ..... therefore that since the overthrow of mcarthur's case (1920) 28 cri.l.r. 530 by the privy council, the legislative control by the act did not offend section 92, because it was a general control and not a control of any inter-state element. mctiernan, j., agreed in this conclusion. the majority, however held otherwise. rich and williams, .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)34CTR(Guj)230; (1983)1GLR623; [1983]142ITR211(Guj)
..... possession from the tenants in actual occupation of the acquired property, a different procedure for eviction of tenants of such property, from the normal procedure under the bombay rent act, would be resorted to in contravention of art. 14 of the constitution. (7) if it is held that chap.xx-a permits acquisition of tenancy rights and ..... part of the directive principles of state policy, gives a mandate to the state to direct its policy towards securing, inter alia : '(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common god; and (c) that the operation of the economic system does not result ..... be helped because this was inevitable to achieve the main objective of the impugned legislation. in the second case, the orissa high court followed the decision of the delhi high court and, invoking the pith and substance test, held that the impugned legislation fell within the ambit of entry 82 of list i of the seventh schedule. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant170; AIR1965Mys170; (1964)2MysLJ470
..... city like gulbarga, the tax is the same.(123) the mysore rent control act, 1961, has exempted the buildings constructed after 1st august 1957, from its fair rent provisions; while buildings constructed before, are subject to the fair rent fixed under the various rent control act. fair rent acts for urban house property were first brought into force during the ii ..... observations of arthur j. goldberg, associate justice, supreme court of the united states, in his lecture under the auspices of the indian law institute, new delhi,'the reality rather than the myth about the court is that it exercises judicial review as a consequence of intent as well as tradition, and that court ..... director, reserve bank of india, bombay and dr. b.k. madan, economic adviser, reserve bank of india, bombay. sardar indarjit singh, lately commissioner of income-tax, delhi, as secretary to the commission. (6) report of the taxation enquiry commission, 1953-54, vol. i, p. 1-2--the terms of reference to the commission .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1976AP340
..... state.'at page 237 :'................ the cabinet enjoying, as it does, a majority in the legislature concentrates in itself the virtual control of both legislative and executive functions; and as the ministers constituting the cabinet are presumably agreed on fundamentals and act on the principle of collective responsibility, the most important questions of policy are all formulated by them.'50. what is therefore ..... itself the virtual control of both legislative and executive functions. the initiation of legislation takes in within its fold the introducing of bills into the legislature by the executive. therefore, the statement of objects and reasons for the introduction of the bill furnishes the court with reliable extrinsic evidence as regards the purpose of object or reason for an act.51. in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1988MP111
..... to be tried by special courts. the supreme court in kewal singh v. lajwanti, air 1980 sc161 held that the legislature has not violated article 14 by incorporating section 25b, delhi rent control act, 1958, providing for summary disposal of casesfiled by the landlord to evict tenants on the grounds of his bona fide need in order to get quick and expeditious relief. such ..... not be arbitrary, artificial or evasive. again in ravi dutt sharma v. ratan lal bhargava. air 1984 sc 967 the supreme court while interpreting section 25 a to c of delhi rent control act. 1958, held that it was open to the legislature, to pick out one class of landlords out of the several covered by section 14(1)(e) of the ..... rent act so long as they formed a class by themselves and the legislature was free to provide the benefit of a special procedure to them in the matter of eviction of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2335; JT1993(4)SC308; 1993LabIC2035; (1994)ILLJ94SC; 1993(3)SCALE260; (1993)3SCC723; [1993]Supp1SCR339
..... of his respective job and the seniority, pay, allowances and other benefits including his power to admit, operate and allocate beds to the patients under his control is fully protected.(vii) the grievance that the hierarchy is created for public health-cum-administration unit to protect the seniority and status of those who earlier ..... maintained. (vi) those who held teaching posts in the former wbhs have been transferred to such non-teaching hospitals where they are placed to work under the control of their junior officers appointed as superintendents of the said hospitals. (vii) whereas under new wbhs, the hierarchy is created for public health-cum-administration unit to ..... 11 states the consequences should a doctor opt for private practice like a deduction of 50 per cent of salary, denial of house rent allowance etc.58. the above is the analysis of the act and the rules. mr. soli j. sorabjee argued that without the constitution of the west bengal health service, the option available under .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... may, 1967 (the date on which the kerala stay of eviction proceedings ordinance 4 of 1967 came into force) and before the commencement of the amending act towards rent accrued due before the 1st day of may 1966 is, notwithstanding any contract or judgment, decree or order of any court or land tribunal, to be ..... which in turn comes from the papal bulls. even so, the slight changes of language are significant. the references to charity, private ownership, free competition and the control of credit have been removed. the papacy has been insistent upon private enterprise; the fabians regarded public ownership as essential; the indian constitution leaves the question open.' ..... particular direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood, that the ownership and control of the material resources of the community are so distributed as best to subserve the common good, that operation of the economic system does not result in .....
Tag this Judgment!