Court : Karnataka
Reported in : ILR1995KAR3109
..... 's case, the question which arose for consideration was whether the amendment of section 3(c) of the delhi rent control act by amendment act of 1988, by which a premises, the monthly rent of which exceeded rs. 3,500/- were taken away from the ambit of the rent control act and which amendment came into force on 1.12.88 would apply to tenancies created prior to 1 ..... 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 the legislature by the amendment act no. 57 of 1988 has partially repealed the delhi rent control act.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 by amending act the legislature has withdrawn the protection hitherto enjoyed .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR5599
..... anr. with mahendra raj v. union of india and colonel ashoka puri, : [1991]1scr364 34. all the above decisions refer to delhi rent control act.section 14(1)(e) of the said act deals with the grounds of bonafide need of the landlord (general ground). during the pendency of the proceedings for eviction of the tenant ..... nath khetan and ors. etc., : [1977]2scr190 42. the above decisions again deal with delhi rent control act and also karnataka rent act of 1999 (new act). the principles laid down in the above decisions are to the effect that the jurisdiction of the controller is confined to consider the affidavit of the tenant and rejoinder application of the landlord, if ..... each case whether the legislature intended the person to do a particular act in a particular manner. while comparing the special procedure contemplated under section 25-b of the delhi rent control act with that of the procedure under section 37(1) of the said act pertaining to general grounds of eviction, the apex court in the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR2304; 2003(3)KarLJ505
..... stores case, supra, has any relevance to the issue. in that case the supreme court considered section 57 relating to repeal in delhi rent control act, 1958. the said section reads as follows:'57(1) the delhi and ajmer rent control act, 1952, insofar as it is applicable to the union territory of delhi, is hereby repealed.(2) notwithstanding such repeal, all suits and other proceedings under the said ..... act pending at the commencement of this act before any court or other authority shall be continued and disposed of in accordance with the provisions .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KarLJ105; 2009(2)KCCR991; 2009(2)AIRKarR76; AIR2009NOC1284(D.B)
..... petition which was filed on 13.9.1985 still the parties are battling to find which court would have the jurisdiction. whether the court of rent controller under the delhi rent control act or ordinary civil court will have jurisdiction over the subject-matter in issue? as discipline and culture in every walk of life is essential for ..... . in the case of ambalal (supra), the question for consideration was 'what is the effect of the amendment which incorporated section 3(c) in the delhi rent control act in the pending eviction proceedings which amendment became effective from 01.12.1988' and it was held as follows:37. in view of the aforesaid findings, ..... counsel:(i) t.k. lathika v. seth karsandas jamnadas reported in : air1999sc3335 . in the said decision, section 11(3) of kerala buildings (lease and rent control) act, 1965, which prohibited a landlord who acquired the premises by transfer inter vivos from filing eviction petition within one year from the date of the enactment was considered. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1734
..... , and concluded whist it was an existing law.'54. in the case of kewal singh v. lajwanti : [1980]1scr854 , vires of section 25-b of the delhi rent control act was challenged. section 25-b was inserted to provide the landlord with a speedy remedy of eviction in case of bona fide necessity of the landlord. a contention was ..... the legislature has decided to curtail or take away the protection of the delhi rent control act from a section of the tenants. the tenants had not acquired any vested right under the delhi rent control act, but had a right to take advantage of the provisions of the repealed act so long as that law remained in force.'the law laid down by ..... of d.c. bhatia v. union of india and anr., while considering the challenge made to the constitutional validity of section 3(c) of the delhi rent control act (hereinafter referred to as 'the delhi act'), which exempted the tenants, who are paying rent more than rs. 3,500/- per month orrs. 42,000/- per year, from the purview of the said .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR2088; 2002(2)KarLJ292
..... force by a notification dated 5-12-2001.5. section 70 of the rent act repeals the karnataka rent control act, 1961 (karnataka act no. 22 of 1961), section 70 of the rent act reads as follows.--'70. repeal and savings.--(1) the karnataka rent control act, 1961 (karnataka act no. 22 of 1961) is hereby repealed.(2) notwithstanding such repeal and ..... the validity of section 2(7)(bb)(iii) and (iv) and the explanation given thereto of the karnataka rent control act, 1961 since the karnataka rent control act, 1961 has been repealed with the introduction of the karnataka rent act, 1999 which has come into force on 5-12-2001.9. in these circumstances, we decline to entertain ..... trust. however, all the appellants challenge the constitutional validity of section 2(7)(b)(iii) and (iv) and the explanation thereto of the karnataka rent control act, 1961.2. the learned single judge by an order dated 17th of december, 1997 disposed of a batch of writ petitions upholding the constitutional validity of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4732; 2004(3)KarLJ49
..... of eviction proceedings his wife claimed that the petition filed under section 14(1)(e) for eviction be converted as one under section 14d of the delhi rent control act, 1958 as she having become a widow was entitled to recovery of possession and her claim be considered accordingly. the high court rejected the prayer on ..... to recover possession of the premises without the need to take recourse to section 27 of the act.2. let me first refer to the background which has given rise to this question. the karnataka rent control act, 1961 ('the repealed act' for short) provided for inheritability of tenancy by the legal representatives of the original tenant. ..... issue involved, i have to refer to section 70 of the present act which determines as to how the pending proceedings have to be dealt with under the present act. the provision reads:section 70 repeal and savings - (1) the karnataka rent control act, 1961 (karnataka act 22 of 1961) is hereby repealed.(2) notwithstanding such repeal and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR657
..... of the general clauses act and also referring to its earlier decision in the case of thyssen stahl union gmbh v. steel authority of india ltd. : ..... section 6(c) of the general clauses act. in support of this contention he has placed reliance upon the decision of the supreme court reported in vishwant kumar v. madanlal sharma : air2004sc1887 wherein the apex court after interpretation of section 9 and 3(c) of the delhi rent control act 1958 with reference to section 6(c) ..... section 23 which is published in the karnataka gazette dt. 1/5/2003. the entire control of the said religious institution vests with the controlling authority. under section 24 of the khri & ce act commissioner shall be the chief controlling authority. therefore learned counsel for respondents 5 to 7 submits that the right is not accrued .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(5)KarLJ87
..... eviction proceedings his wife filed claim that the petition filed under section 14(1)(e) for eviction be converted as one under section 14-d of the delhi rent control act, 1958 as she having become a widow was entitled to recovery of possession and her claim considered accordingly. the high court rejected the prayer on the ..... (a) in this revision.4. during the pendency of the revision in this court, the karnataka rent control act, 1961 ('the repealed act' or 'the old act' for short) was repealed and in its place. the karnataka rent act, 1999 ('the present act' for short), which has in its wake brought about far-reaching changes in the matter of regulation of ..... below rejecting petitioner's prayer for eviction of the tenant on the grounds available under clauses (a) and (h) of section 21(1) of the karnataka rent control act, 1961, the petitioner-landlord has preferred this revision petition under section 115 of the cpc.2. the facts necessary for the disposal of the revision petition, briefly .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR1892; 2004(3)KarLJ310
..... v. punjab national bank, : [1990]3scr649 wherein the apex court dealing with the provisions of the public premises (eviction of unauthorised occupants) act (40 of 1971) and the bombay rent control act, delhi rent control act, 1959 and also examining the provisions under article 246(1) and (4) of the constitution of india and entries 32, 95 and ..... 97 of list i of seventh schedule and entries 6, 7 and 13 of list iii of seventh schedule, at paragraph 54, it has clearly held that the public premises eviction act ..... in view of the finding recorded by this court on the point (1) holding that there is no repugnancy between the provisions of the kcs act and central act. the reliance placed upon the judgment of supreme court in thirumuruga, kirupananda variyar thavathiru sundara swamigal medical educational and charitable trust's case, supra .....
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