Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3793 OF2016VINOD KUMAR APPELLANT(S) VERSUS ASHOK KUMAR GANDHI RESPONDENT(S) With C.A. No.8972-8973/2017, C.A.No.6063 of 2019(arising out of SLP(C) No.19965/2017), C.A.No.6064 of 2019 (arising out of SLP(C) No.20414/2017), C.A.Nos. 6066-6072 of 2019 (arising out of SLP(C) No.20735- 20741/2017), C.A.No.6073 of 2019 (arising out of SLP(C) No.22383/2017), C.A. No.16916/2017 and C.A.No.6075 of 2019 (arising out of SLP(C) No.28455/2017) JUDGMENT ASHOK BHUSHAN, J.Leave granted.2. These appeals, except one where leave to defend was granted, have been filed against the judgment of Delhi High Court dismissing the Rent Control Revisions filed by the appellants in which the order passed by the Rent Controller rejecting the 2 application filed by the appellants-tenants seeking leave to defend in a petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 have been challenged.3. The appellants are ten...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(14)SCALE672; 2010(1)LC239(SC)
Tarun Chatterjee, J.1. Leave granted.2. This is an appeal arising out of a Judgment and order dated 30th of October, 2006 passed by the High Court of Delhi at New Delhi in CM. No. 65 of 2002, whereby the High Court had dismissed the petition filed by the landlord/appellant and upheld the order passed by the Additional Rent Controller, Delhi. The order of the Additional Rent Controller holding that he is conferred with power to set aside an ex-parte order for eviction in the exercise of its jurisdiction under Order 9 Rule 13 read with Order 37 Rule 4 and Section 151 of the Code of Civil Procedure (in short, 'the Code') was thereby affirmed by the High Court in appeal.3. The brief facts leading to the filing of this appeal may be stated as follows in a nutshell:The landlord/appellant filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (in short 'the Rent Act') before the Rent Controller, Delhi for eviction of the Tenant/Respondent from No. 1-C/46, Ramesh...
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...
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)ALLMR299; 2005(5)BomCR832
Britto N.A., J.1. These are plaintiffs second appeals.2. The parties hereto shall be referred to in the names as they appear in the cause title of the suits.3. The plaintiff is the owner of a property known as 'Maddem' having land registration No. 29031, Matriz No. 2290 surveyed under No. 114/5 with a house in it, situated in Umtawaddo of Calangute village.4. The plaintiff by virtue of an agreement dated 24-9-1976 let out to defendant No. 1 the said house as per the plan attached with compound at the back of the house and a strip of land which went up to the seashore; on payment of a monthly rent of Rs. 775/-. The lease was for a period of 22 years from 1-4-1976, for the purpose of running a guest house. Considering the nature of the business, it was agreed between the parties that rent would be Rs. 425/- per month for the first year and with a proportionate increase of Rs. 50/- every subsequent year. Clause 9 of the said deed, which is most relevant, reads as follows :-'The lessee sha...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC4; 1984(2)SCALE650; (1985)1SCC1; [1985]1SCR1025; 1985(17)LC422(SC)
D.P. Madon, J.1. This Appeal by Special Leave granted by this Court is directed against the judgment and order of the High Court of Delhi dismissing the revision petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (Act No. 59 of 1958) (hereinafter for the sake of brevity referred to as 'the Act'), filed by the Appellant against an order of eviction passed against him by the Rent Controller, Delhi, on an application filed by the Respondent on the ground specified in Section 14A(1) of the Act.2. The Appellant was the ten7ant of the Respondent in respect of premises situate at 3474, Gali Kartar Singh, Subzi Mandi, Delhi, consisting of one room and two tin sheds at a rent of Rs. 10.50 per month excluding water, electricity and other charges. Prior to January 1975, the Respondent was an employee in the Posts and Telegraphs, Audit and Accounts Department of the Government of India, and in January 1975 he was sent on deputation to the Union Public Service Commission. He retired ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1985)11ITD472(Mum.)
1. This is an appeal by the ITO against the order of the AAC dated 2-10-1982 in the 1977-78 income-tax assessment proceedings.2. For the assessment year 1977-78, previous year ending 31-3-1977, on 5-10-1977, the assessee filed a return declaring total income of Rs. 29,870. Among the income so declared, the assessee returned income of Rs. 1,047 from the self-occupied flat being Flat No. 71, Chitrakut, Altamount Road, Bombay. The net income from house property at Rs. 1,047 was returned thus:Municipal rateable value as per certificate 4,285Add: One-ninth 476 4,761Less: Municipal taxes at the rate of Rs. 176.58 per month 2,119Less: Half for self-occupation of Rs. 1,800, 2,642 whichever is less--under Section 23(1) 1,321Less: (1) One-sixth repairs 220 1,321 (2) Insurance--Rs. 4.53 per month 54 274Net chargeable income from house property: 1,047 Dealing with this issue, it is seen that the ITO accepted the municipal rateable value at Rs. 4,840 (as disclosed by the assessment order) even tho...
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