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Judgment Search Results Home > Cases Phrase: delhi rent control act 1958 repealed section 56 power to make rules Court: madhya pradesh Page 1 of about 137 results (0.123 seconds)

Jul 03 1989 (HC)

State of Madhya Pradesh Vs. Navalkishor Mangilal and anr.

Court : Madhya Pradesh

Reported in : 1990MPLJ412

..... obviously misconceived. in that case, no question of mesne profits came up for consideration. in terms of the provisions of section 14(1)(k) of the delhi rent control act, the tenant was penalised for deviation of user. the order of eviction against him was set aside, on the condition of his paying higher ..... and till the date of occupation of the premises, during trial of the suit, the defendant had discharged its statutory obligation under section 13(1) of the rent control act and all rent due payable by him till vacant possession of the suit premises was made over to the plaintiffs had been duly deposited, and withdrawn by the plaintiffs.11. ..... the premises at the bidding of the landlord. as held by this court in lachhobai rathore, 1989 mprcj 23 - 1988 jlj 213, section 13(5) of the rent control act extends the protection against eviction to the statutory tenant upto the stage of execution. thereunder, the landlord's claim against tenant for compensation in terms specified therein in respect .....

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Sep 07 1990 (HC)

B.S. Adityan and ors. Vs. Fencing Association of India, Jabalpur and o ...

Court : Madhya Pradesh

Reported in : AIR1991MP316; 1991(0)MPLJ418

..... bench of the said high court under clause 10 of the letters patent. the question arose for consideration whether in view of ssections 39 and 43 of delhi rent control act, appeal before the division bench was maintainable under clause 10 of letters patent against a judgment passed by the learned single judge in second appeal. while ..... 1442, their lordships had an occasion to examine the maintainability of the letters patent appeal, in view of the provisions contained in ssections 39 and 43 of delhi rent control act. the facts in brief were that the respondents of that case had leased out a plot to the appellants of that case. the respondents filed an application ..... bar contained in sub-section (2) of section 39 and the provision of section 43 of the delhi rent control act, their lordships took the view that the expression 'final' prima facie connotes that an order passed on appeal under the act is conclusive and no further appeal lies against it. since, the section imposes a total bar, their .....

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Aug 05 2002 (HC)

Sachish Chandra JaIn and anr. Vs. Shri Bhagwan and ors.

Court : Madhya Pradesh

Reported in : 2002(4)MPHT360; 2002(3)MPLJ504

..... general clauses act is simply to leave the pending proceedings unaffected which commenced under the unrepealed provisions unless contrary intention is expressed. clause (c) of section ..... ] apex court has considered the scope of section 6 of general clauses act. it contemplates continuance of pending proceedings or investigations as if statute had not been repealed as rights and obligationsof the parties get crystallised on the date of commencement of the lis. this case relates to amendment in delhi rent control act. it is held that the mandate of section 6 of the .....

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Feb 24 2006 (HC)

Heavy Electricals Mazdoor Trade Union Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : [2006(109)FLR1180]; (2006)IILLJ1027MP; 2006(1)MPHT551; 2006(2)MPLJ289

..... of india (supra) was cited as an authority in support of the argument that the power of the central government under section 3 of the cantonments (extension of rent control laws) act, 1957 can not be exercised for the second time, but the supreme court rejected the said contention and held that the power under section 3 of the said ..... force in respect of any or all industries or undertakings in an industry. in support of these submissions, he relied on the opinion of the supreme court in re. delhi laws act, air 1951 sc 332, as well as the decision of the supreme court in lachmi narain v. union of india : [1976]2scr785 . he submitted that the decision ..... reasons for the aforesaid conclusion are quoted herein below :--bearing in mind the principles and the scope and meaning of the expression 'restrictions and modifications' explained in re: delhi laws act air 1951 sc 332 let us now have a close look at section 2. it will be clear that the primary power bestowed by the section on the central .....

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Sep 24 1973 (HC)

Smt. Kulwant Kaur and anr. Vs. Collector, Jabalpur (House Allotment Se ...

Court : Madhya Pradesh

Reported in : AIR1974MP35; 1974MPLJ27

..... even after the c. p. berar letting of houses and rent control order. 1949, was repealed by the m. p. accommodation control act. 1955, which itself was later on repealed by the m. p. accommodation control act. 1961. as no provision is made in the m. p. accommodation control acts of the years 1955 and 1961 regarding allotment of houses to ..... transferred, but on account of certain circumstances, he is required to keep bis entire family in the rented premises. in that event although his tenancy may stand terminated by virtue of section 42 of the m. p. accommodation control act, 1961, the fact that the landlord may permit his family members to continue to occupy the ..... and the matter will be governed by section 12 of the m. p. accommodation control act. 1961. now, it is an undisputed fact that awatarsingh has constructed his own house and has shifted therein. as such, he does not require the rented premises for his own occupation. however, the further question is whether the petitioners can .....

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Sep 03 1957 (HC)

Kanhaiyalal Jagannath Vs. Vilayatkhan Jamdarkhan and anr.

Court : Madhya Pradesh

Reported in : AIR1958MP63

..... to come to court and those who are sued in a court of law are afforded relief as provided in the act. it is difficult to call the jhabua act as one directed towards regulating and controlling the transactions of money lending and in this view there is no express repeal. nor can it be said that there ..... of his accounts scaling down interest payable under the agreement if it be contrary to what is allowable under the act and awarding instalments, the direct and primary object under the madhya bharat act is to regulate and control money lending. incidentally there are provisions which have the effect of affording a debtor relief taut what is regulated ..... to the learned counsel, to say that the jhabua act was designed to regulate and control money lending. under the madhya bharat act and the three other acts to which a direct reference is made in that act there are clear provisions for regulating and controlling money lending whereas under the jhabua act all that is sought to be done is to .....

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Jan 08 1968 (HC)

Smt. ThakuraIn Dulaiya Vs. Shivnath Punjabi and ors.

Court : Madhya Pradesh

Reported in : AIR1969MP130; 1968MPLJ251

..... shriniwas v. r.b. & co., air 1959 sc 689 their lordships of the supreme court, while considering the provisions of section 13 of the bombay rents, hotel and lodging house rates control act, 1947. held that the provision in section 15 prohibiting sub-letting of premises was in furtherance of public policy. any contract of sub-letting was, ..... with the permission of the landlady, though it was not in writing. shri adhikari urged that though under the rent control order such a sub-tenancy was invalid, the effect of section 4(e) of the 1955-act was to remove that bar and to validate the sub-tenancy, which was invalid under the repealed order. he ..... was ultra vires and unconstitutional.7. shri sen, learned advocate-general, urged that clause 12-a of the rent control order was not open to challenge for another reason also. shri sen urged that the 1946-act and the rent control order promulgated thereunder were enacted within the powers conferred under item 21 of the second list (provincial list) .....

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Oct 12 2012 (HC)

Shri Jagat Guru Shankarachariya Swami Swaroopanand Saraswati Ji Mahara ...

Court : Madhya Pradesh

..... case is stated :- (a) the petitioner herein filed a suit for eviction against the respondent seeking eviction on various grounds, as are enumerated under section 12 of m.p.accommodation control act, 1961, which was registered as civil suit no.43-a/2003. in the suit, the respondent had filed written statement, he was represented by an advocate. however on the date .....

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Apr 27 1995 (HC)

Murarilal Ramdeo Agarwal Vs. Firm Ganeshilal Gulabchand Naila

Court : Madhya Pradesh

Reported in : 1996(0)MPLJ1031

..... a decree against the tenant even for eviction could not have been passed. as observed above, a tenant is obliged to deposit the rent which is fixed under the provisions of section 10 of the m. p. accommodation control act. the application filed by the tenant that the deposits which were made by him were far more than what were required to be ..... is legally recoverable is the standard rent. even under the provisions of the accommodation control act, the landlord is not entitled to recover anything beyond the standard rent.13. section 7 of the m. p. accommodation control act defines standard rent and reads as under :-'7. standard rent. - 'standard rent' in relation to any accommodation means -(1) where reasonable annual rent or fair rent has been fixed by a competent authority .....

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Nov 04 1970 (HC)

Shyamacharan Raghubar Prasad Tiwari Vs. Sheojee Bhai Jairam Chattri an ...

Court : Madhya Pradesh

Reported in : AIR1971MP120

..... at rs. 4,000/- per month.22. section 7 of the madhya pradesh accommodation control act, 1961 provides for determination of the standard rent. no reasonable annual rent having been determined under sub-section (1) and there being no evidence of the rent which the building was fetching on 1st january 1948 and also there being no evidence about ..... learned counsel for the appellant is that under section 6 of the m. p. accommodation control act 1961, which came into force from 30th december 1961, no landlord could charge rent more than the standard rent determined according to section 7 of the act, and consequently from 30th december 1961 up to the date of delivery of possession, i. ..... 187, came to the conclusion that in a case where the landlord could not control the letting and both the person and amount of rent were to be fixed by the rent controller, it would be proper to allow mesne profits at the controlled rate. in that case the plaintiff wanted to prove the market value by giving evidence .....

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