Court : Chennai
Reported in : (1997)2MLJ477
..... the effect of that order. it was held that the award of the arbitrator was a nullity, since it was not passed by a rent controller under the delhi and ajmer rent control act and, there-fort, not executable.16. in goenka's case (1993) 3 s.c.c. 34 also, an argument was taken ..... rent control act, the rent control court has no jurisdiction to fix the fair rent. it was further contended that since the supreme court has directed the rent controller to fix the proper rent, the authority of the rent controller is only on the basis of the consent given by the parties and, therefore, the rent controller was acting as an arbitrator, and not as rent controller under the rent control act ..... respect of the new building, even if the authority is given by the supreme court, he cannot function as rent controller under the act. if he is not a rent controller functioning under the rent control act, naturally, no appeal also will lie before the appellate authority.11. the said argument is seriously opposed by .....
Tag this Judgment!Court : Chennai
Reported in : 2003(2)CTC129; (2003)2MLJ164
..... by the amendment act no.57 of 1988 has partially repealed the delhi rent control act.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 by amending act the legislature has withdrawn the protection hitherto enjoyed ..... uphold this contention for a number of reasons. prior to the enactment of the rent control act by the various state legislatures, the legal relationship between the landlord and tenant was 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 .....
Tag this Judgment!Court : Chennai
Reported in : 2003(4)CTC657
..... transfer of property act for eviction. thereafter, under the provisions of delhi rent control act 1958, proceedings were initiated. objection was raised to those proceedings on the ground that the proceedings for eviction under rent control act were not maintainable in view of the provisions contained in the public premises act, 1971. the rent control act being the ..... the procedure which has to be followed in such proceedings. the rent control act can, therefore, be said to be a special statute regulating the relationship of landlord and tenant in the union territory of delhi. the public premises act makes provision for a speedy machinery to secure eviction of unauthorised occupants ..... law cannot be invoked and in accordance with the principle that the later laws abrogate earlier contrary laws, the public premises act must prevail over the rent control act. the principle which emerges from these decisions is that in the case of inconsistency between the provisions of two enactments, both .....
Tag this Judgment!Court : Chennai
Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573
..... .62. in ashoka marketing ltd. v. punjab national bank. : [1990]3scr649 a question arose with reference to the provisions of the delhi rent control act and the public premises (eviction of unauthorised occupants) act (40 of 1971). the relevant principles of interpretation are set out in the following passages : '49. this means that both the statutes ..... earlier special law, cannot be invoked and in accordance with the principle that the latter laws abrogate earlier contrary laws, the public premises act must prevail over the rent control act.' there is nothing in the above passages referred to by learned counsel to support his contention in the present case. nor does any ..... respect of matters enumerated in the concurrent list. in our opinion the question as to whether the provisions of the public premises act override the provisions of the rent control act will have to be considered in the light of the principles of statutory interpretation applicable to laws made by the same legislature. 50 .....
Tag this Judgment!Court : Chennai
Reported in : 1995(2)CTC26
..... . and anr., v. punjab national bank and ors., 1990 (4) scc 407 where the apex court decided the ticklish issue whether the provisions of the public premises act overrides the provisions of the delhi rent control act. observed the apex court:'for the reasons, aforesaid, we are unable to accept the contention of the learned counsel for the petitioners that the provisions contained in the ..... public premises act cannot be applied to premises which fall within the ambit of the rent control act. in our opinion, the provisions of the public premises act, to the extent they cover .....
Tag this Judgment!Court : Chennai
Reported in : 1999(2)CTC741
..... deed and the defendant is a tenant and hence the only scope left with for the plaintiff is to file a petition with the rent controller under the pondicherry buildings (lease and rent control) act, 1969 and would reject the claim of the plaintiff for eviction of the defendant, not only on the point of jurisdiction but also ..... are to be decided by this court are (1) whether the defendant is the tenant within the meaning of section 10 of the pondicheny buildings (lease and rent control) act, 1969? and (2) whether the plaintiff has proved that the defendant was allowed to occupy the building as a permissive occupier? the learned counsel would exhort ..... building was erected; (v) that the learned district judge erred in holding that the defendant would be a tenant within the meaning of pondicherry buildings (lease and rent control) act and the reasons therefor areerroneous; (vi) that even otherwise the learned district judge failed to see that there is no bar in the civil court entertaining the .....
Tag this Judgment!Court : Chennai
Reported in : (1962)1MLJ441
..... p. no. 431 of 1959, ramachandra iyer, j., as he then was, considered the applicability of rule 9 of the rules under the madras buildings (lease and rent control) act for restoration of an application for eviction, which was dismissed for default. rule 9(3) is word for word the same as rule 12(3). the learned judge ..... that m.p. no. 2597 of 1959 is not maintainable under the rules framed in pursuance of the rule making power under the madras buildings (lease and rent control) act of 1949. the only rule invoked by the respondent in support of the maintainability of the application is rule 12(3), which is as follows:in any ..... respondent is his tenant in that premises. the respondent filed an application before the rent controller under the madras buildings (lease and rent control) act of 1949 seeking to have fair rent fixed for the said premises. after an enquiry into the matter the controller fixed the fair rent in a certain amount. the petitioner aggrieved by the said decision filed an appeal .....
Tag this Judgment!Court : Chennai
Reported in : 1996(1)CTC620; (1996)IIMLJ96
..... was for eviction of the plaintiff on the ground that he had not paid the rent and was, therefore, liable to be evicted. at the time when that suit was filed, the building was exempted from the provisions of the tamil nadu buildings (lease and rent control) act. but, after the revocation of the exemption, defendant filed r.co.p. no. ..... the provision of law. even if fera is intended to protect the revenue as observed by the allahabad high court and the agreement is also valid as held by the delhi high court in the decision reported in ajit parashad jain v. widhani, : air1990delhi42 , the net result will be the implementation of the same, amounting to violation of ..... consideration the rights of the reserve bank of india and also the national interest.37. the learned counsel for the defendant also brought to our notice a decision of the delhi high court reported in ajit parashad jain v. n.k. widhani and ors., : air1990delhi42 , corresponding to 1990 (26) fcc 284 of the judgment was read before us .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad291
..... is not disputed that the tenancy in question between the parties in the present instance falls within the ambit of the madras buildings (lease and rent control) act 1960. as i have already observed this act clearly sets out the rights and liabilities of the tenant and the landlord in respect of repairs; and i am therefore, of opinion that the ..... the said rights and liabilities shall bind the tenant and the landlord and shall prevail. admittedly there is no general saving clause in the rent control act of 1960 to the effect that the provisions of the act are subject to the contracts of tenancy, on the other hand, the legislature has, wherever it thought fit that the rights and ..... with by them, i must say that i respectfully disagree; in any case, i am clear that the decision cannot apply to act 18 of 1960. i am willing to concede that, where the rent control act has not made any provisions in respect of certain rights and liabilities of the tenant and the landlord sn certain matters, and had .....
Tag this Judgment!Court : Chennai
Reported in : (2003)ILLJ20Mad; (2002)3MLJ390
..... for payment of bonus to the employees. the cases relied on by mr. n.g.r. prasad are cases under tamil nadu buildings (lease and rent control) act and bombay rent control act where the interpretation has been given on the basis of the terms as defined in those statutes. accordingly, as rightly argued by the learned additional solicitor ..... in granting largess, the government action must satisfy test of reasonableness and public interest. 11. among these decisions, the decisions, namely, and (cited supra) arose under rent control act, whereas (cited supra) is with reference to grant of largess by the government. mr. v.t. gopalan, learned additional solicitor general, by pointing out that unless ..... of india 2002 (1) llj 918 a division bench of the delhi high court has held that prescribing wage ceiling of rs.1,600/- per month under payment of wages act, 1936 had become obsolete and unreal and issued appropriate direction for change in the act. in our case, i have already referred to the fact .....
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