Court : Delhi
Reported in : 1971RLR81
S. Rangarajan, J. (1) This judgment will dispose of similar Writ Petitions Nos. 80,133 to 137 and 176 of 1971. It will be sufficient to set out the facts in C.Ws 79 & 80 of 1971. The only point of distinction between C.Ws 79 & 80 of 1971 and the rest is that in C.Ws 79 & 80 alone there is the additional fact of a notice having been issued by the Municipal Corporation of Delhi on 6-1-1971 under section 126 of the Delhi Municipal Corporation Act asking the persons concerned to show cause why the rateable value should not be enhanced as stated in that notice for 1970-71. Even before the expiry of the dates mentioned in the said notices for showing cause the writ Petitions 79 & 80/71 were filed on 18-1-1971. The rest were filed some time later. (2) The petitioner in C.W. 79/71 is the owner of building bearing Municipal No. 35 Faiz Bazar, Delhi and the petitioner in C.W. 80/71 is a joint owner of building bearing Municipal No. 36 Faiz Bazar, Delhi. Both the buildings. Numbers 35 and 36, wer...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H11
G.L. Chopra, J.1. The only point of law involved and referred for decision of the Bench in these two petitions for revision (No. 392-D of 1954 and No. 537-D of 1958) is as follows:'Whether in a suit, otherwise within the jurisdiction of a Court of Small Causes, the jurisdiction of such Court is ousted by the defendant raising the question of the fixation of standard rent according to the provisions of Act No. XXXVIII of 1952, because such a question cannot be decided and disposed of by a Court of Small Causes, and the course open to the Court of Small Causes is to return the plaint for presentation to a proper Court, which will of course be a Court under Act No. XXXVIII of 1952'?(2) In C. R. No. 392-D of 1954, a suit for recovery of arrears of rent, Rs. 683/3/-, was instituted by the landlord in the Small Causes Court, Delhi, on 23rd December, 1953. One of the defence taken by the tenant was that the rent claimed was more than the standard rent and a prayer for the standard rent being ...
Tag this Judgment!Court : Kolkata
Reported in : (1982)29CTR(Cal)15,[1983]141ITR419(Cal)
Sabyasachi Mukharji, J.1. We are concerned in this reference with the assessment year 1970-71. The assessee is one of the co-owners of the house property known as Radia House situated in Bombay. She had one-eighth share in the said property. A part of the building, viz., two-thirds of the total floor area, has been in occupation of the tenants under certain lease agreements and the remaining one-third of the building has been in the occupation of the licensees under ' Leave and Licence ' system which has been in vogue in the State of Bombay. It appears that the said system has been adopted by the house-owners so that the occupants could not claim statutory protection under the Rent Control Act and they could be evicted by the owners at their will. It further appeared before the Tribunal that under this system the licence for occupation was generally given for a period not exceeding 11 months so that there might not be any possibility of the transactions being construed as lease. As per...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)16CTR(P& H)45; [1980]125ITR152(P& H)
B.S. Dhillon, J. 1. This judgment will dispose of Income-tax References Nos. 110 and 111 of 1979. The said references pertain to assessment years 1974-75 and 1975-76, respectively.2. The common dispute involved in both the references relates to the estimate of the gross annual letting value of building No. 349/13, situate at Mall Road, Amritsar. The building is said to have been constructed in the year 1938. For the years under consideration, the assessee declared the gross annual letting value of the building at Rs. 6,000 each but the ITO valued it at Rs. 12,000. The AAC, in appeal, confirmed the gross annual letting value at Rs. 12,000, as estimated by the ITO. The assessee filed an appeal which was dismissed by the Tribunal. The contention raised on behalf of the assessee before the Tribunal was that in view of the provisions of the East Punjab Urban Rent Restriction Act, 1949, the assessee could not charge more than the fair rent determined under the provisions of the said Act and ...
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT539
S.K. Kapur, J.(1) The question in this appeal turns mainly on the interpretation of section 12 of the Delhi Rent Control Act, 1958. The tenant filed a petition for the fixation of standard rent of the premises in question. The premises were let out to the tenant on 2nd March, 1963, and the petition was filed on 19th July, 1966, that is, after the expiry of more than two years from the date of letting. The landlord objected to the maintainability of the petition on the ground that it had been beyond the time prescribed by section 12 of the said Act. The tenant then made an application for condensation of delay under the proviso to section 12. Two grounds were set up in the said application- (1) The tenant met with an accident on 31-8-1964 and he was advised complete physical and mental rest for two years : and (2) he was under a bona fide impression that application for the fixation of standard rent could be filed within two years after the completion of five years from the date of the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3580; 93(2001)DLT164(SC); JT2001(7)SC477; 2001(5)SCALE509; (2001)8SCC397
Misra, J.1. Leave granted.2. It is unfortunate, an eviction petition which was filed on the 13th September 1985 still the parties are battling to find which court would have the jurisdiction. Whether the court of Rent Controller under Delhi Rent Control Act or ordinary Civil Court having jurisdiction over the subject matter in issue? As discipline and culture in every walk of life is essential for smooth functioning in all its activities, similarly judicial culture and discipline has to be followed in order to achieve the desired result viz. to give litigant justice in the shortest period of time. Every legislation legislates for the benefit of its subject but many a times, raising issues for every thing and stretching it too long percolates the very objective for which it is made. With the increasing complexities of laws coupled with faulty legislation, using inappropriate language, a stress is created which the courts through its judicial interpretations have been attempting to simpl...
Tag this Judgment!Court : Delhi
Reported in : 8(1972)DLT123
B.C. Misra, J.(1) This second appeal from order has been filed under Section 39 of the Delhi Rent Control Act real with Section 47 of the Code of Civil Procedure by the tenant against the appellate order of the Control Tribunal dated December 3, 1970bywhich he dismissed the appeal and affirmed the order of the Rent Controller dated June 10, 1970 dismissing the objections of the tenant against execution of the order for eviction which had been passed against him. (2) The brief facts of the case are that the appellant before me is the tenant while the respondent is the landlord and owner of the premises in dispute. On September 24, 1966 the landlord filed a petition for eviction of the tenant on the ground of bona fide personal necessity mentioned in clause (e) of the proviso to sub-section (i) of section 14 of the Delhi Rent Control Act 59 of 1958 (hereinafter to be referred to as the Act). In paragraph 18 of the petition, the landlord had specified the ingredients of clause (e) of the ...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR5599
ORDERManjula Chellur, J.1. The petitioner in HRRP 454/02 and 455/02 is none other than the tenant under the respondent landlord at premises No. 609, V. Main, (Sanchi Honnamma Road), Pipe Line, Srinagar, Banashankari I Stage, I Block, Bangalore-50. The entire premises consists of two non-residential and one residential portions. The petitioner is a tenant in respect of a non-residential premises taken on lease for the purpose of conducting tuition. The brief facts that led to filing of these revisions petitions are as under:2. The respondent-landlord has instituted HRC Petition 10115/00 Under Section 21(1)(a) and (h) of the Karnataka Rent Control Act i.e. on the ground of tenant being a chronic defaulter and also for bonafide and reasonable occupation on the ground that his brother is no more and he has to provide accommodation to the wife and children of his brother. In the adjacent portion itself, the petitioner is living along with his wife. Earlier, HRC 437/94 was instituted against...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3923; [2000]99CompCas383(SC); JT1999(8)SC66; 1999(6)SCALE441; (1999)9SCC334; [1999]Supp3SCR461
ORDERD.P. Wadhwa, J.The Facts:1. These three appeals raise three different questions relating to the construction and interpretation of Section 85 of the Arbitration and Conciliation Act, 1996 (the 'new Act' for short) which contains repeal and saving provision of the three Acts, namely, the Arbitration (Protocol and Convention) Act, 1937, the Arbitration Act, 1940 (the 'old Act' for short) the Foreign Awards (Recognition and Enforcement) Act, 1961 (the 'Foreign Awards Act' for short).2. This Section 85 of the new Act we reproduce at the outset:85. Repeal and saving - (1) The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937), the Arbitration Act, 1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act 1961 (45 of 1961) are hereby repealed.(2) Notwithstanding such repeal, -(a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this Act came into force unless otherwise agreed by the parties but this Ac...
Tag this Judgment!Court : Delhi
Reported in : AIR1975Delhi236
T.V.R. Tatachari, J.(1) This Civil Writ Petition came up initially for hearing before B. C. Misra J. who considered that it should be heard by a larger Bench. The Civil Writ Petition then came up before a Division Bench consisting of V. S. Deshpande and H B. C. Misra JJ. who referred it to a Full Bench. Although the Division Bench framed certain questions, which will be referred to later, for consideration by the Full Bench, the counsel arc agreed that the entire Writ Petition has been referred for being heard and decided by the Full Bench. (2) The Civil Writ Petition has been filed by the petitioner. M. v. Soi, praying that certain orders passed by the New Delhi Municipal Committee assessing the annual value of the petitioner's house for purposes of house-tax for the year 1963-64. 1964.65 ?'J 1965-66 be quashed. The respondents to the Writ Petition are (1) The New Delhi Municipal Committee, and (2) Shri S. C. Vaish, Additional District Magistrate, Delhi. (3) It is necessary at this st...
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