Court : Karnataka
Reported in : ILR1987KAR940
..... 24-1-1978. it is necessary to mention that the said application was rejected on the ground that the earlier application having been rejected, section 45 of the rent, control act was a bar and therefore the tenant could not maintain this application. thereafter, the tenant had filed another application in hrc fr 27 of 1981, on 23- ..... 8-1976, on the ground that five years had not elapsed from the date of construction and therefore provisions of part ii of the rent control act were net applicable and the provisions for fixation of fair rent were not attracted. against this order, the tenant had filed w.p.no. 10605/1975. the said writ petition was dismissed on ..... .4. it is not possible to accept mr. ron's first contention. section 45 of the rent control act reads thus:'decisions which have become final not to be re-opened.-the court or the controller shall summarily reject any application under this act which raises, between the same parties or between parties under whom they or any of them claim, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4732; 2004(3)KarLJ49
..... 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 the karnataka rent control act, 1961 ('the repealed act' for short) provided for inheritability of tenancy by the legal representatives of the original tenant. the ..... the 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reads:section 70 repeal and savings - (1) the karnataka rent control act, 1961 (karnataka act 22 of 1961) is hereby repealed.(2) notwithstanding such repeal and subject ..... under section 70(2)(b) that all cases and proceedings pending at the commencement of this act before the court, shall be continued and disposed off by the court in accordance with the provisions of the act. the karnataka rent control act, 1961 is repealed in toto under sub-section (1) and under section 70(2)(b) .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR4846; 2002(6)KarLJ368
..... file of xv additional small causes judge, bangalore. 2. the respondent-landlord filed the petition for eviction of the tenants under section 21(1)(f) and (j) of the karnataka rent control act, 1961 (karnataka act 22 of 1961). she put forth the case in the eviction petition that the husband of the first petitioner, one s.m.a. hameed was a tenant in a portion ..... . by virtue of clause (b) of sub-section (2) of section 70 of the act 1999 this revision is required to be considered under the provisions of the new act. the relevant provision reads as under: '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 subject to the provisionsof section 69.- (a .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(3)KarLJ386; 2009(1)KCCR551; 2009(2)AIRKarR214; AIR2009NOC1286
..... ors. : ilr2006kar212 the facts in that case were, an eviction petition was filed in the year 1989, under section 21(1)(h) of the karnataka rent control act, 1961 (hereinafter referred to as the 1961 act). during the pendency of the petition, the tenant died as on 10.3.1991. his legal representatives were brought on record. the petition was ..... earlier in respect of the very premises in case no. hrc 10352/1983 under section 21(1)(a)(h) and (p) of the karnataka rent control act, 1961 (hereinafter referred to as the '1961 act'). the same was dismissed on merits by order dated 12.4.1989, and was confirmed in a revision petition before this court in hrrp 4879 ..... with reference to the legal position, the matter was heard at length. 4. it is contended that a specific plea was raised invoking section 5 of the karnataka rent act, 1999 to contend that the respondents' right to continue in occupation stood extinguished live years alter the death of the original tenant. the trial court has negated .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3648; 1992(1)KarLJ195
..... 'the munsiff' or 'the trial court') against the respondents seeking their eviction under clause (h) of the proviso to sub-section (1) of section 21 of the karnataka rent control act, 1961 (for short 'the act1) from eviction petition, schedule house-cum-landed property situate near the munsiff's court, karkala and described in the eviction petition schedule 'a ..... ordinarily interfere with a finding of fact recorded by the original court in similar circumstances. with particular reference to section 12b of the madras buildings (lease & rent control) act of 1949, i should add that the power of revision under it is wider than the power conferred under section 115 of the c.p.c. and ..... the case of m/s. sri raja lakshmi dyeing works case by observing that the revisional powers conferred under section 25 of the tamil nadu buildings (lease & rent control) act, 1960 may not be as narrow as the revisional powers of the high court under section 115 cpc but in the words of untwalia, j. in dattonpant .....
Tag this Judgment!Court : Karnataka
Reported in : III(2006)BC178; 2006CriLJ813; ILR2006KAR537; 2005(6)KarLJ507
..... directors including these petitioners. these petitioners have not sent a reply stating that they are only sleeping director or dormant directors and not in-charge of management, control or conduct of the business or having responsibility in the management and administration of the company. on the other hand, the reply has been sent by all ..... to pay the amounts involved in the cheques. hence, the authorised officers are liable to be prosecuted under the provisions of section 138 of the negotiable instruments act along with 1st accused-company. thus, if the complaint is read in its entirety, the same makes it clear that these petitioners are the authorised officers ..... herein and others in the court of the xvi additional chief metropolitan magistrate, bangalore for the offence punishable under section 138 of the negotiable instruments act, 1881 ('n.i. act' for short). the petitioners herein who have been arrayed as accused 2 and 4 in all the cases have sought for quashing the said proceedings .....
Tag this Judgment!Court : Karnataka
Reported in : 1991(32)ECC292; 1991LC62(Karnataka); 1991(55)ELT178(Kar); 1990(3)KarLJ461
..... dated 25-9-1981. he, however, remanded the matter to the lower authority, namely, 1st respondent, to start proceedings afresh and determine the question whether the controlled drill or drill manufactured by the textile mill in the periods in question was entitled to the concessional rate in the two notifications of the central government referred to ..... official liquidator who shall hold the same as an asset to the company in liquidation to be dealt with in accordance with the provisions governing liquidation under the companies act. out of the funds refunded or any other refunds available, the official liquidator is directed to pay mr. chanderkumar his fees which we fix at rs. ..... manufacture thereof, in his factory.' from the above it is obvious, the persons designated in the rule, become excise officers as defined under section 2b of the act. the textiles commissioner not being one of such excise officer designated under rule 56 of the rules, he was not the proper person to conduct the test .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ109; AIR2007NOC1100(SB)
..... supreme court in gantusa h. baddi v. meerabai g. pai : (2000)4scc586 considered the question whether the tenancy for non-residential purpose can be held to be heritable under the karnataka rent control act and held that, both in the case of contractual tenancy and statutory tenancy, the quality of the estate or interest is the same. in that case, the apex court adverted ..... considering a provision similar to section 11(17) of the kerala rent control act but considering the meaning of the word 'tenant' under the rent control acts of madhya pradesh, delhi and karnataka. counsel for the petitioners had no case that any of those acts contains a provision similar to that of section 11(17) of the rent act. the apex court was not called upon to consider a similar .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR2848
..... c.95/74 on the file of the munsiff, mangalore and obtained an order of eviction under section 21(1)(a) and (h) of the karnataka rent control act. subsequent to the obtaining of order of eviction, the possession of the premises was also recovered from the said tenant by the plaintiff. after having ..... a' schedule premises under section 10a of the karnataka rent control act, 1961 (hereinafter referred to as the 'act') and the direction of the rent controller issued in discharging his official duty as rent controller. thus the relief sought for by the plaintiff is with reference to the acts done by the rent controller in the discharge of the official duties and ..... time and ultimately an order was passed against the plaintiff and also the said suresh under section 10a of the karnataka rent control act. the plaintiff has contended that the action of the rent controller in initiating the proceedings are violative of principles of natural justice. the action of the defendant is clearly illegal and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2049; 2004(3)ALD12(SC); 98(2004)CLT318(SC); 2004(2)CTC364; 2004(2)KLT130(SC); 2004(3)SCALE535; (2004)5SCC241
..... other hand, this court in kempaiah v. lingaiah and ors. : (2001)8scc718 held that the revisional powers of the high court, under the karnataka rent control act, are wider than the powers conferred upon it under section 115 of the code of civil procedure and the high court is not precluded to appreciate ..... j. 1. the matter arises under the karnataka rent control act, 1961. the unsuccessful tenants are the appellants in these appeals. the respondent/landlord filed rent control petitions before the court of small causes against the appellants, inter alia, under the provisions of section 21(h) and (j) of the karnataka rent control act. the court of small causes dismissed the petitions ..... the evidence for arriving at the conclusion regarding the bona fide requirement etc. we have already extracted section 50 of the rent control act. the said section is widely couched. the high court while exercising jurisdiction under section 50 may at any time call for and examine any .....
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