Court : Karnataka
..... indicated in the said document that advance of rs.4,00,000/- has been paid and rent reserved as rs.500/- per month, annual rent would be rs.6,000/- and as such, said agreement is chargeable to duty under article 5(d) of the karnataka stamp act, 1957 ( act for short) and correspondingly, article 20 being attracted, 8% ad valorem stamp duty is required ..... time of handing over vacant possession and as such, in the light of the law laid down by the full bench of this court in the matter of the chief controlling authority vs m/s. texas instruments india limited reported in ilr 2003 kar 4386, duty would be payable only on rs.2,00,000/-. he would also contend that finding .....
Tag this Judgment!Court : Karnataka
..... settlement, it is clear that, in case of merger of payment of dearness allowance into basic pay by the government of karnataka, similar benefit also recommended to the corporation employees.16. undoubtedly, the apex court in krishnareddys case and also this court have held that, the definition of ..... to its employees, that portion of the dearness allowance so merged will also be reckoned at appropriate levels by the corporation for determining the dearness allowance, house rent allowance, city compensatory allowance and gratuity payable to the employees of the corporation, but shall not be reckoned for other purposes.15. thus, from the 1989 ..... the payment of gratuity act or has to choose under the settlement, but he cannot choose best of both. hence, if the gratuity is to be paid under the settlement, it must be strictly in accordance with the settlement.accordingly, this petition is partly allowed. the order passed by the controlling authority dated 12.3. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1978Kant143; 1978(1)KarLJ414
..... strenuously urged that the learned district judge was not justified in holding that no notice to quit was necessary before instituting action under section 21 (1) of the rent control act. he did not choose to argue on merits.7. the learned advocate appearing for the respondent-landlord argued supporting the finding of the learned district judge that ..... file.2. the landlord instituted action for eviction of the tenants from the suit premises under clause (h) of the proviso to section 21 (1) of the kamataka rent control act, 1961, before the munsiff, bailhongal, claiming possession from the tenants for the purpose of starting a bakery. he required the suit premises bona fide and reasonably for ..... also well established that if any person inducted into possession under a non-registered lease deed, pays rent and the same is accepted by the landlord, a lease is created and is terminable under section 106 of the t. p. act from month to month or year to year, as the case may be. in the instant case .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1673; 1986(2)KarLJ165
..... the health cess sought to be levied under the impugned act on shop rent does not fall within item i of schedule a of the impugned act or entry 51, list ii of the constitution.'relevant provisions referred to are karnataka excise act (act 5 of 1901) and karnataka health cess act, 1962 - vide paras 8 and 13 of the judgment ..... to notice what supreme court has said in ramana's case, : (1979)iillj217sc :-'to-day with tremendous expansion of welfare and social service functions increasing control of material and economic resources and large scale assumption of industrial and commercial activities by the state, the power of the executive government to affect the lives ..... eve of commencement of auction. commissioner can issue directions to his subordinates in conformity with the policy and purpose of the act as a chief controlling authority. there is no provision either in the act or rules to impose such onerous condition. clause (1) of the notification (annexure-a) has not restricted purchase of .....
Tag this Judgment!Court : Delhi
..... /recommendations as also the fact that with the passage of time, the circumstances have also changed, necessitating a fresh look at the tenantlandlord relationship, the amendment of delhi rent control act, 1958 has been proposed ...3. the bill seeks to achieve the above objects. 282. in the summarisation in para 434(7) in (1994) 3 scc1 s ..... 95. now at the end of the day, what remains is the suggestion necessary in regard to the rationalisation of the court fees under the rajasthan act and the karnataka act . the arguments in the case highlight an important aspect. the levy of court fee at rates reaching 10 per cent ad valorem operates harshly and almost ..... the law commission of india have all come after the three pronouncements in question the last being in 1996.869. the circumstances and conditions in tamil nadu; karnataka; rajasthan and maharashtra, four large states, vary from the prevalent conditions in delhi a metropolis which is a union territory. the demographic profile of the persons .....
Tag this Judgment!Court : Delhi
..... /recommendations as also the fact that with the passage of time, the circumstances have also changed, necessitating a fresh look at the tenantlandlord relationship, the amendment of delhi rent control act, 1958 has been proposed ...3. the bill seeks to achieve the above objects. 282. in the summarisation in para 434(7) in (1994) 3 scc1 s ..... 95. now at the end of the day, what remains is the suggestion necessary in regard to the rationalisation of the court fees under the rajasthan act and the karnataka act . the arguments in the case highlight an important aspect. the levy of court fee at rates reaching 10 per cent ad valorem operates harshly and almost ..... the law commission of india have all come after the three pronouncements in question the last being in 1996.869. the circumstances and conditions in tamil nadu; karnataka; rajasthan and maharashtra, four large states, vary from the prevalent conditions in delhi a metropolis which is a union territory. the demographic profile of the persons .....
Tag this Judgment!Court : Karnataka
..... that petition is not maintainable for want of jurisdiction as per section 2(3)(e)(1) of karnataka rent act and the learned judge 6 failed to understand that parties are at liberty to enter to any contracts and the fixation of fair rent by the rent controller should only be considered as a yard stick for the cases of enhancement of ..... of section 2 (3)(e) of the karnataka rent act and proceeded in an erroneous direction invoking section 2(3)(e) of the rent act.19. it is important to note that it is the contention of the tenant that he had approached the rent controller for fixation of fair rent and he had fixed the rate of rent as rs.21,000/-. but it is ..... in detail discussed the same particularly in paragraph no.19 held that, if during the pendency of any proceedings rents are fixed, in such an 20 eventuality, the rent control act would not be applicable. in other words, once the fair rent of any property have been fixed at a rate more than rs.3,500/- per month, thereafter an application .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(4)KarLJ79
..... levied only on the basis of fair rent/standard rent, according to the relevant rent control act, notwithstanding the fact that no such fair rent/standard rent has actually been fixed. in fact, in this case, the reasonable rent had to be ascertained without reference to the relevant rent control act with respect to a building occupied by ..... tax by the state government by amending certain provisions of definition clause and chapter vi -- 'municipal taxation' of the karnataka municipalities act, 1964, by the karnataka municipalities (amendment) act, 2000 (karnataka act 28 of 2001), is the subject-matter of this batch of writ petitions.2. the amended provisions basically provide for tax ..... -- in such matters'.33. the legislative competence of the state legislature to enact the impugned legislation, adoption of section 45b of the karnataka stamp act for the purpose of computing the taxable value for land/vacant sites and the amended legislation is confiscatory, arbitrary etc., were the only .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2004Kant126; 2003(6)KarLJ303
..... only on the basis of fair rent/standard rent, according to the relevant rent control act, notwithstanding the fact that no such fair rent/standard rent has actually been fixed. in fact, in this case, the reasonable rent had to be ascertained without reference to the relevant rent control act with respect to a building occupied by ..... property tax by the state government by amending certain provisions of definition clause and chapter vi -- 'municipal taxation' of the karnataka municipalities act, 1964, by the karnataka municipalities (amendment) act, 2000 (karnataka act 28 of 2001) is the subject-matter of these batch of writ petitions.2. the amended provisions basically provide for tax ..... in such matters'.33. the legislative competence of the state legislature to enact the impugned legislation, adoption of section 45-b of the karnataka stamp act, for the purpose of computing the taxable value for land/vacant sites and the amended legislation is confiscatory, arbitrary, etc., were the only .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR3104
..... rent control act was revisable under section 115 of civil procedure code why not the appellate order passed by the district judge under section 8 of the present act sought to be not revisable under section 115 c.p.c. the contention on its face appears to be attractive. but as i had mentioned earlier that as per section 8 of karnataka private educational institutions (d&c;) act ..... supreme court in the case of roshan lal mehra v. ishwar dass : [1962]2scr947 . that in that case under the delhi and ajmer merwara rent control act 19 of 1947 a question had arisen whether the appellate order passed by the district judge was revisable and the court held that the revision was maintainable ..... 11 of the delhi and ajmer merwara rent control act 19/1947. a perusal of section 11 of delhi and ajmer -merwara rent control act 19/1947 reveal that the appeal from the order of the rent controller is to lay to the district judge and not to anybody or the rent control tribunal, section 11 reads thus:'any person .....
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