Judgment Search Results Home > Cases Phrase: karnataka rent control act 2001 section 52 landlord and tenant to furnish particulars Court: guwahati Page 1 of about 1 results (0.150 seconds)

Mohan Chandra Deka Vs. Smt. Himani Talukdar

Court : Guwahati

..... scc 403, the appellant claiming to be a tenant on a monthly rent of rs. 650/- filed an application before the rent controller for fixation of fair rent. the accepted position was that the appellant would be entitled to the protection of the karnataka rent control act only if fair rent was fixed at rs. 500/- or below per monthand if other ..... ingredients of expression 'tenant' were satisfied. the respondent-landlord thereafter filed a suit for eviction on the ground that tenancy of the appellant was determined and he was not entitled to protection of the rent act. the ..... appellant moved an application for an interim stay of further proceedings in the suit till the disposal of the application pending before the rent controller. this application for the stay was rejected arid a revision petition to the .....

Subho Ram Kalita (Deceased by L.R.S) and ors. Vs. Dharmeswar Das Koch ...

Court : Guwahati

..... giridhar, air 1982 sc 83, where under section 14 of the karnataka rent control act the tenant submitted an application for fixation of fair rent and he was paying rs. 640/- as monthly rent, and subsequently an eviction suit was filed by landlord alleging that protection under the act was not available to the tenant and the application of the tenant for ..... stay of the eviction suit was rejected by high court, considering that if the tenant's application was allowed and rent fixed at rs. 500/- or less he would be entitled to protection under the act, supreme court set aside the rejection order of the high court and stayed the eviction suit. their lordships held at ..... the suit proceeds and results in eviction, the application for fixation of fair rent becomes infructuous. on the other hand, if the application for fixation of fair rent is allowed holding that the appellant is a tenant as understood under the rent act, and the fair rent is rs. 500/- or less per month he would be entitled to .....

Jorhat Tea and Industries (P.) Ltd. Vs. State of Meghalaya

Court : Guwahati

..... arrayed as accused in the complaint.21. i have gone through the decisions on which the earned counsel for the petitioner placed reliance. in fact, the decision of the karnataka high court is based on the decision of the apex court in deokaran nenshi {supra). in both the cases, the courts were concerned with the provisions of rules 10 ..... and 11 of the rules and placing reliance on the decision of the apex court as in state of bihar v. deokaran nenshi : 1973crilj347 and also the decision of the karnataka high court in shree dharma sugar industries (p.) ltd. v. registrar of companies [1989] 66 comp. cas. 337. mr. bhattacharyya submitted that the penalty which could be imposed ..... offence which can be committed once for all and it is not a continuing offence. the learned single judge of the karnataka high court drawing an analogy of the provisions of the sections 66 and 79 of the mines act with that of rules 10 and 11 of the rules, 1975, held the offence allegedly committed by the company to be .....

Shri Takhelmayum Ibochou Singh Vs. State of Manipur and anr.

Court : Guwahati

..... guilty of such offence and that he is not likely to commit any offence while on bail.in the case of a.v. dharmasingh (supra), the single judge of the karnataka high court has taken the view that the expression 'punishable for a term of imprisonment for five years or more' occurring in clause (b) of section 37(1) of ..... onbail. in support of the contention learned counsel for the petitioner has placed reliance on a decision of the single bench of the karnataka high court in the case of a.v. dharmasingh v. the state of karnataka, reported in 1993 cri lj 94.5. learned public prosecutor on the other hand has placed reliance on the decision of a ..... .9. it is also apparent that object is to make stringent provision for the control and regulation of operation relating to narcotic drugs and psychotropic substances. as regards the quantum of punishment prescribed under the provision of section 20(b)(i) of the nd & ps act, it is clear that a person committing offence under that section is liable to .....

Electric and Furnishing Mart Vs. State of Assam and ors.

Court : Guwahati

..... of bihar air 1981 sc 679, where clause 13 of form m under rule 9(10) of the bihar kendu leaves (control of trade) rules, 1972, framed under section 20 of the bihar kendu leaves (control of trade) act (5 of 1974) requires that the purchaser has to pay minimum royalty of 75 per cent before he utilizes the leaves ..... that the general descriptive words in item 21 of the seventh schedule of list ii of the government of india act included 'the collection of rents', and if a provincial legislature can legislate with respect to the collection of rents, it must also have power to legislate with respect to any limitation on the power of a landlord to ..... course this was a case of intoxicating liquor. in state of karnataka v. hansa corporation air 1981 sc 463, the karnataka tax on entry of goods into local areas for consumption, use or sale therein act (27 of 1979) which levied on scheduled goods either manufactured or produced within karnataka state or imported from outside on their entry in a local .....

Assistant Commissioner of Vs. Eastern Industrial Enterprises

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2002)80ITD355(Gau.)

..... the intention of earning income from the building. as already discussed in the case at our hand the entire control and possession of the building is with the tenants and the lessee is entitled to receive the monthly rent only as an owner or landlord, the activity of such letting out of the property cannot be considered as ..... of earlier year.according to the assessee the income from the abovesaid property is to be classified under the head "business income" under section 28 of the income-tax act, 1961. however, the assessing officer disagreed with the assessee and after elaborate discussion the assessing officer came to the conclusion that the monthly rental income received by the ..... [1997] 225 itr 471 the hon'ble karnataka high court held as follows :- from the aforesaid decision of the supreme court it is clear that if a person receives rental income by leasing out the property as its owner, then the income may come under section 22 of the income-tax act, 1961. but if the leasing of the .....

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... court only to cause delay. accordingly, the recovery proceeding shall be initiated by the presiding officer and the recovery officer shall release the amount under the control and guidance of the presiding officer as indicated in the judgment. accordingly, this writ application shall stand dismissed. 220. this disposes of the writ application ..... i of the seventh schedule to the constitution provides full legislative competence to parliament in relation to the central act inasmuch as it vests all residuary powers of legislation in parliament. 104. state of karnataka v. union of india : [1978]2scr1 : that was a casewhere the question which arose was whether ..... to bringing and defending suits and for the realisation, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents as the owner himself has, or such of those powers as the tribunal thinks fit .....

KelvIn Cinema and ors. Vs. State of Assam and anr.

Court : Guwahati

..... under article 19(1)(g).' 14. the other case relied on by sri goswami is 1995 (6) scc 289, (air 1995 sc 1770) (m.j. sivani v. state of karnataka). that was a case regarding video games and there in paragraphs 18, 19 and 20 the supreme court pointed out as follows at page 1775; of air: paragraph 18: 'the ..... restrictions on the exercise of the right in general public interest. in applying the test of reasonableness the broad criterion is whether the law strikes a proper balance between social control on the one hand and the right of the individual on the other hand. the court must take into account factors like nature of the right enshrined, underlying purpose ..... l.a.) this is annexure 'c' to the writ application and that is quoted below : 'in exercise of the powers conferred by section 10 of the assam cinema (regn.) act, 1953 (assam act xiv of 1953) the governor of assam is pleased to amend the assam cinema (regn.) rules, 1960, hereinafter referred to as the said rules, as follows, namely :-- 1. .....

Indian Oil Corporation Ltd. (Guwahati Refinery) Vs. State of Assam and ...

Court : Guwahati

..... the decision of the apex court in shaktikumar m. sancheti v. state of maharashtra : (1995)1scc351 and mohan das n. hegde (dead) lrs. v. state of karnataka : air2005sc2178 could be understood to be authorities for the proposition that entry tax need not be uniform. in the said decisions the apex court had upheld the compensatory nature of ..... but it obliterates the very basis of compensatory tax. we may reiterate that when a tax is imposed in the regulation or as a part of regulatory measure the controlling factor of the levy shifts from burden to reimbursement/recompense. the working test propounded by a bench of seven judges in the case of automobile transport : [1963] ..... order of any court or other authority to the contrary, entry tax levied or collected or purported to have been levied or collected under the assam entry tax act, 2001 (assam act 4 of 2001), as amended from time to time, and all actions taken, things done, rules made, notifications issued or purported to have been taken, done .....

Samsul HussaIn and ors. Vs. Abdul Wahid and ors.

Court : Guwahati

..... tc saravanabava9. 2004 (suppl) glt 439, (abdul kasem lrs of mustt. basiram bewa and ors. v. asmat ali @ hadmat ali and ors).10. : (2004)10scc779 , (karnataka board of wakf v. government of india and ors).18. in order to decide the appeal, the learned first appellate court formulated the following three points for decision of the ..... (as it then was) at jorhat, against the defendants praying for their ejectment from the suit land and khas possession with recovery of the arrears of rent and compensation.2. during the course of legal proceeding the original plaintiff having expired, the present appellants were substituted. similarly the original respondent/defendant no. ..... as it relates to adverse possession over land, which tantamount to loss of effective control over the land by the real owner after lapse of certain statutory period under the law of limitation, such possession should consist overt acts which are inconsistent with the title of the owner. in order to constitute adverse .....