Judgment Search Results Home > Cases Phrase: delhi rent control act 1958 repealed section 56 power to make rules Page 6 of about 15,771 results (0.294 seconds)

Guido Loyola Furtado Vs. M/S. National Insurance Co. Ltd.

Court : Mumbai Goa

..... the instant case 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acquired any vested right under the delhi rent control act, but had a right to take advantage of the provisions of the repealed act so long as that law remained in force. 56. in the case of mohinder kumar ..... governed by the provisions of the transfer of property act. delhi rent control act provided protection to the tenant 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 the legislature by the amendment act no. 57 of 1988 has partially repealed the delhi rent control act.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 by amending act the legislature has withdrawn the protection hither-to .....

Shri Sarwan Singh and anr. Vs. Shri Kasturi Lal

Court : Supreme Court of India

Reported in : AIR1977SC265; (1977)1SCC750; [1977]2SCR421

..... 19(1) of the slum clearance act. 6. the landlord-tenant relationship in delhi was governed formerly by the delhi and aimer rent control act, 38 of 1952. that act, in so far as it applied to the union territory of delhi, was repealed by section 57 of the delhi rent control act, 59 of 1958. this latter act was passed in order to provide a ..... raises a question of some interest and importance for decision. the question is whether the provisions of the slum areas (improvement and clearance) act, 96 of 1956, override those of the delhi rent control act, 59 of 1958. if they do, no person can institute any suit or proceeding for the eviction of a tenant from any building ..... question involved in this appeal, it is necessary to notice the relevant provisions of the two acts under consideration. we will refer first to the provisions of the slum clearance act and then to those of the delhi rent control act. the former act being of the year 1956 is anterior in point of time to the latter which was .....

Pioneer Timber Products and anr. Vs. Om Prakash Aggarwal and anr.

Court : Punjab and Haryana

Reported in : (2003)135PLR250

..... is squarely covered by the judgment of hon'ble supreme court reported as m/s ambalal sarabhai (supra) relied upon by the learned rent controller wherein identical situation under the delhi rent control act, 1958 was in issue and it has been held that a landlord or tenant are relegated to seek their rights and remedies under ..... the order passed by the learned rent controller holding that the rent controller has jurisdiction to continue with the petition filed prior to the repeal of the act on 7.11.2002 is perfectly justified.6. in ambalal sarabhai's case the provisions of delhi rent control act were made inapplicable to tenancy where monthly rent exceeds rs.3500/- w.e.f ..... . 1.12.1988. the question which arose in the said case was whether the ejectment proceedings initiated prior to 1.12.1988 when rent act was made applicable to such tenancies would con .....

Satish Chandra Makan Vs. Dr. S.V.S. Sastry and anr.

Court : Andhra Pradesh

Reported in : 2006(1)ALD145

..... to interpretation of section 3(c) of the delhi rent control act. it was urged that the delhi rent control (amendment) act came into force on 1-12-1988. the effect of section 3(c) which was introduced by the amendment act was to remove those premises whose monthly rent exceeded rs. 3500/- from the ambit of the delhi rent control act. this amendment of the rent control act would not apply to those tenancies which were ..... 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 .....

Raghunandan Saran Ashok Saran (Huf) Vs. Union of India and ors.

Court : Delhi

Reported in : 2002IIAD(Delhi)261; 95(2002)DLT508; 2002(61)DRJ457; 2002RLR149

..... over the years the restrictions and limitations imposed andcontinued by various rent control legislations, namely, the new delhi house rent control order, 1939; the punjab urban rent restriction act, 1941; the delhi rent control ordinance, 1944; the ajmer-mewar control of rent and eviction order,1946; the delhi and ajmer-merwara rent control act 19 of 1947; and delhi and ajmer-merwara rent control act 38 of 1952, the delhi rent control act, 1958, have curtailed the growth of housing in general and ..... rental housing in particular. evenamendment of the delhi rent control act, 1958 by act no. 57 of .....

Dina Nath (D) by Lrs. and anr. Vs. Subhash Chand Saini and ors.

Court : Supreme Court of India

..... to tackle the problems created by the rent act, the delhi rent control act was amended in 1988 by delhi rent control amending act, 1988 (act 57 of 1988). ...the objects of the amending act are quite different from the objects of the parent act. one of the objects of amending act was to rationalise the rent control law by bringing about a balance between ..... the factual matrix relevant to the question of striking out the tenant s defence, we need to remind ourselves of the spirit underlying the rent control legislations in general and delhi rent control act, 1958 in particular. the historical perspective in which these legislations came about has been traced in several decisions of this court. nagindas ramdas ..... , deliberate or contumacious.10. in miss santosh mehta v. om prakash and ors. (1980) 3 scc610while interpreting section 15 (7) of the delhi rent control act krishna iyer j.held that the power to strike out the party s defence is an exceptional step and is only to be exercised where a .....

ishmad Pasha and ors. Vs. State of Karnataka and ors.

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 .....

G.L. Mirchandani Vs. the Life Insurance Corporation and anr.

Court : Delhi

Reported in : ILR1980Delhi329

..... controller that the jurisdiction of the controller is taken away by some other act like the public premises (eviction of unauthorised occupants) act, 1971, in which the definition of ''rent' is different from the definition of rent in the delhi rent control act and the provisions regarding fixation of standard rent arc absent. the reason is simple. the controller is exercising jurisdiction under the delhi rent control act ..... and tenant in respect of premises except government premises can be the subject matter of litigation under the delhi rent control act. on the other hand, the eviction of unauthorised occupants from public premises can be the subject of appropriate proceedings under ..... premises belonging to a statutory corporation. the exclusive jurisdiction of the controller under the delhi rent control act cannot be infringed upon by the estate officer acting under the public premises (eviction of unauthorised occupants) act, 1971.(3) these contentions have been traversed in the counter- .....

Common Cause Vs. Union of India and Others

Court : Delhi

Reported in : AIR1999Delhi257; [1998(79)FLR954]

..... a mandamus would lie directing it to effectuate the will of the parliament. the instant case is of refusal of the central government to bring into force the delhi rent control act, 1995 (act no. 33 of 1995) in its present form instead of being simply a case of delay in implementing the will of the parliament. 18. in view ..... for not bringing into force the amendment, the court cannot issue a mandamus recording its disapproval. even if the government has expressed its inability to enforce the delhi rent control act, as per its additional affidavit, i am of the view that this is still a matter of legislative concern and not a matter where a writ court ..... encourage the supply of rental housing both from the existing housing stock and from new housing stock enacted the new rent act, the executive can not torpedo the same. the necessity to repeal and replace the delhi rent control act, 1958 for the purpose of achieving the growth of housing in general is evident from the statement of objects and .....

M/S. Hindustan Petroleum Corporation Ltd. Vs. M/S. Kailash Motors

Court : Allahabad

Reported in : AIR1997All314

..... 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 .....