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M/S. Ambalal Sarabhai Enterprises Ltd. Vs. M/S. Amrit Lal and Co. and ...

Court : Supreme Court of India

Reported in : AIR2001SC3580; 93(2001)DLT164(SC); JT2001(7)SC477; 2001(5)SCALE509; (2001)8SCC397

..... the respondent-landlord filed an eviction petition against the appellant on the ground of sub-letting as enumerated in section 14(1)(b) of the delhi rent control act, in the court of rent controller delhi on the 13.9.1985. when this petition was pending, as aforesaid, section 3(c) was brought in, through amendment w.e. ..... 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 ..... and anr. : (1995)1scc104, is also a case under the delhi rent control act where the same section 3(c) which we are considering was brought in though the same delhi rent control (amendment) act, 1988. in this case also submission was, that since the amending act is not retrospective, it would not affect the right conferred on the tenants .....

Madras Bangalore Transport Co. (West) Vs. Inder Singh and ors.

Court : Supreme Court of India

Reported in : AIR1986SC1564; 1986(1)SCALE989; (1986)3SCC62; 1986(2)LC498(SC)

..... learned counsel for the appellant, was that, there was no subletting, assignment or parting with possession of the premises as contemplated by no. 31)(b) of delhi rent control act. he argued that the madras-bangalore transport company (west) was always in possession of the premises and that the caravan goods carrier private limited, whose directors ..... could be said that there was subletting, assignment or parting with possession of the premises within the meaning of section 14(1)(b) of the delhi rent control act merely because the caravan goods carrier private limited was a legal personality distinct from the firm and its partners and it operated from the disputed premises.4 ..... to function from the same premises, there was no sub-letting, assignment or parting with possession within the meaning of section 14(1)(b) of the delhi rent control act.8. as mentioned by us earlier, the madras-bangalore transport company (west) continued to be in occupation of the premises even after the caravan goods .....

Saraswati Dalmia Vs. Bennett Coleman and Co. Ltd.

Court : Delhi

Reported in : 46(1992)DLT191

..... shaw brothers-respondents criminal appeal no. 4927 of 1991 [arising out of special leave petition (e) no. 4517 of 1991] decided on 13-12-1991 (i) delhi rent control act, 1958-section 21 -limited period tenancy -scope of section-meaning of fraud. held (per thommen, j.) what the section postulates is the bona fide belief of an ..... section 14(1)(k) of the delhi rent control act on the ground that the landlord requires the premises for the purpose of rebuilding and making substantial alterations which cannot be carried out without the premises being ..... defend is that earlier in 1985. the petitioner had filed a petition for eviction of the respondent under section 14(1)(a) & (i) of the delhi rent control act and there was no mention of the bonafide requirement. that petition was got dismissed as withdrawn in the year 1989. again the petitioner filed a petition under .....

Thyssen Stahlunion Gmbh Vs. Steel Authority of India Ltd.

Court : Supreme Court of India

Reported in : AIR1999SC3923; [2000]99CompCas383(SC); JT1999(8)SC66; 1999(6)SCALE441; (1999)9SCC334; [1999]Supp3SCR461

..... . v. union of india and anr. : (1995)1scc104 the question which arose for consideration before this court related to the interpretation and constitutional validity of section 3(c) of the delhi rent control act. delhi rent control act was amended with effect from december 1, 1988 when section 3(c) was introduced which provided that the provisions of that ..... governed by the provisions of the transfer of property act. delhi rent control act provided protection to the tenants from drastic enhancement of rent by the landlord as well as eviction, except on certain specific grounds. the legislature by the amendment act no. 57 of 1988 has partially repealed the delhi rent control act. this is a case of express repeal. by amending act the legislature has withdrawn the protection hitherto enjoyed .....

M.N. Soi Vs. New Delhi Municipal Committee and anr.

Court : Delhi

Reported in : AIR1975Delhi236

..... 15 of the delhi and ajmer merwar rent control act, 1947, but everything duly done under the repealed rent control order was saved. the said act of 1947 was repealed by section 46 of the delhi and ajmer rent control act, 1952, which in its turn was repealed by section 57 of the delhi control act, 1958. it has further to be noted that the delhi rent control act of 1958 makes reference to the new delhi rent control order of ..... , in the relevant years, the committee could not ignore the provisions in the delhi rent control act, 1958'. the relevant provisions in the delhi rent control act are sections 2(k), 4, 5 and 48. section 2(k) of the delhi rent control act, 1958, defines 'standard rent' as meaning- 'the standard rent referred to in section 6 or the increased standard rent under section 7.'(29) -sections 4 and 5 prohibit the recovery of .....

NaraIn Khamman Vs. Parduman Kumar Jain

Court : Supreme Court of India

Reported in : AIR1985SC4; 1984(2)SCALE650; (1985)1SCC1; [1985]1SCR1025; 1985(17)LC422(SC)

..... his wife or dependent child should be in occupation of the accommodation allotted to him on the date when he files an eviction application under section 14a(1) of the delhi rent control act, 1958, to recover possession of the residential premises which he so owns and which has been let by him.(2) if such person has, however, other premises which he owns ..... (gazette of india extraordinary, part ii, section 2 dated january 19, 1976, p. 410) which when enacted became the delhi rent control (amendment) act, 1976. the said statement of objects and reasons is as follows :-there has been a persistent demand for amendments to the delhi rent control act, 1958 with a view to conferring a right of tenancy on certain heirs/successors of a deceased statutory tenant .....

income-tax Officer Vs. S. Trilochan Singh Sahney

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1985)11ITD472(Mum.)

..... : . . . the supreme court observed that where 'fair rent' relating to the house in question in new delhi was fixed in 1941 under the new delhi house rent control order, 1939, and that fixation continued to be valid notwithstanding the repeal of the control order, even after the delhi rent control act 59 of 1958 came into force, the fair rent determined the standard rent which still affected the assessment of rates of ..... consider whether in the case of a building in respect of which no standard rent has been fixed by the controller under the delhi rent control act, 1958, the annual value must be limited to the measure of standard rent determinable under that act or it can be determined on the basis of the higher rent actually received by the landlord from the tenant. . . . it was, thus, held that .....

Panna Lal Talwar Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Reported in : (1980)16CTR(P& H)45; [1980]125ITR152(P& H)

..... );...... ' 7. in m.n. soi's case, air 1977 sc 302 (headnote), their lordships held as follows i 'although legislative provisions, for the fixation of standard rent in new delhi, contained in section 9 of the delhi rent control act, 59 of 1958, are comparatively recent and fairly elaborate, yet, the fixation of rates for purposes of assessment of house tax is still governed by the ..... as a defence in a suit for ejectment under section 14(1)(c) and that in any event he was entitled to the benefit of section 14(2) of the delhi rent control act, 1958, these contentions were repelled and in that context to meet the arguments raised on behalf of the tenant it was held that the prohibition in sections 4 and 5 .....

Commissioner of Income-tax Vs. Prabhabati Bansali

Court : Kolkata

Reported in : (1982)29CTR(Cal)15,[1983]141ITR419(Cal)

..... committee v. m.n. soi, air 1977 sc 302. there the supreme court observed although legislative provisions for the fixation of standard rent in new delhi contained in section 9 of the delhi rent control act of 1958 were comparatively recent and fairly elaborate, yet the fixation of rates for purposes of assessment of house tax was still governed by the provisions of section 3(1 ..... . the supreme court observed that where ' fair rent ' relating to the house in question in new delhi was fixed in 1941 under the new delhi house rent control order, 1939, and that fixation continued to be valid notwithstanding the repeal of the control order, even after the delhi rent control act 59 of 1958 came into force, the fair rent determined the standard rent which still effected the assessment of rates of .....

Vinod Kumar Vs. Ashok Kumar Gandhi

Court : Supreme Court of India

..... the learned counsel for the parties in detail, we may first notice the provisions of section 14 of delhi rent control act, 1958 as enacted. the delhi rent control act, 1958 had been enacted to provide for the regulation of rents, repairs and maintenance and evictions relating to premises and of rates of hotels and lodging houses in the ..... was a case where restriction on rights of heir of statutory tenant of residential premises placed by explanation to section 2(l)(iii) of delhi rent control act as introduced act 18 of 1976 while no restrictions were placed on tenants of commercial premises where challenge on the ground of violation of article 14 and ..... the first time, sought to be taken away by 1956 amendment which amendment was struck down by this court. those cases were not relevant for delhi rent control act. the tenants occupying non-residential premises are dependent on their livelihood. applying summary procedure as prescribed under section 25b brings hardship in denying them protection .....