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 : 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...
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 : 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 : Chennai
Reported in : (1997)2MLJ477
ORDERS.S. Subramani, J.1. Both these revisions are against the same judgment of the Rent Control Appellate Authority, Coimbatore. C.R.P. No. 3299 of 1991 is filed under Section 25 of the Rent Control Act, and the other Revision, namely, C.R.P. No. 489 of 1992 is filed under Article 227 of the Constitution of India.2. The material facts may be summarised as follows:Revision petitioner is the landlord of the building. There was an earlier proceeding between the same parties for immediate demolition and reconstruction of the building which was then in existence. Even at the time when the present respondent was a tenant of the then building, he was occupying an area of 736 sq. ft. eviction petition filed by the revision petitioner was allowed, and the respondent herein filed a Rent Control Appeal before the appellate authority. The appellate authority also confirmed the order, and a revision taken to this Court also met with the same fate. Later, the respondent herein filed a Special Leave...
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