Judgment Search Results Home > Cases Phrase: slum area improvement an clearance amendment act 1964 section 9 amendment of section 15 Court: supreme court of india Page 1 of about 46 results (0.280 seconds)

Vijendra Nath and ors. Vs. Jagdish Rai Aggarwal and ors.

Court : Supreme Court of India

Reported in : AIR1967SC600; [1967]2SCR138

..... he contended that the respondents were not entitled to execute the decree without obtaining a fresh permission from the competent authority under the new section 19 inserted by the slum areas (improvement and clearance) amendment act, 1964. ..... law for the time being in force, no person shall, except with the previous permission in writing of the competent authority - (a) institute, after the commencement of the slum areas (improvement and clearance) amendment act, 1964, any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area; or (b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a tenant from any building or land in such ..... in the meantime the slum areas (improvement and clearance) amendment act, 1964 (act no. ..... on june 19, 1964, the respondents obtained the permission for the execution of the decree from the competent authority under section 19 of the slum areas (improvement and clearance) act, 1956 (act no. ..... (4) in granting or refusing to grant the permission under sub-section (3), the competent authority shall take into account the following factors, namely, - (a) whether alternative accommodation within the means of the tenant would be available to him if he were evicted; (b) whether the eviction is in the interest of improvement and clearance of the slum areas; (c) such other factors, if any, as may be prescribed. .....

Lal Chand (Dead) by Lrs. and ors. Vs. Radha Krishan

Court : Supreme Court of India

Reported in : AIR1977SC789; (1977)2SCC88; [1977]2SCR522

..... law for the time being in force, no person shall, except with the previous permission in writing of the competent authority,(a) institute, after the commencement of the slum areas (improvement and clearance) amendment act, 1964, any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area; or(b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a ten ant from any building or land ..... since the suit property is situated in a slum area, the respondent filed an application under section 19(2) of the slum areas (improvement and clearance) act, 96 of 1956, for permission of the competent authority to . ..... the definition of 'tenant' as contained in the delhi rent control act should be extended to the slum clearance act, but the court observed expressly that : 'no question as to what the rights of a tenant against whom a decree in ejectment has been passed in view of section 19 of the slum areas act are, arises in this appeal', and that the court was not concerned in the appeal before it 'with any question as to the protection given by the slum areas act to tenants'. the question before us is not whether a person .....

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

..... section 19 of the slum areas (improvement and clearance) act, 1956 (as amended by act 43 of 1964) provided that proceedings for eviction of tenants could not be taken without permission of the competent authority 'notwithstanding anything contained in any other law for the time being in force'. ..... in paragraph 30 of the decision, it was inter alia observed;furthermore, section 30, after amendment by the amendment act, 2000, gives a right to any person aggrieved by an order of the recovery officer, to prefer an appeal to the tribunal. ..... the court held that the right to immediate possession conferred by section 14a of the delhi rent act was not controlled by the slum clearance act and the right could be enforced in the manner provided in section 25b without obtaining prior permission of the competent authority under the slum clearance act.52. ..... section 14a and chapter iiia having been enacted with effect from december 1, 1975 are later enactments in reference to section 19 of the slum clearance act which, in its present form, was placed on the statute book with effect from february 28, 1965 and in reference to section 39 of the same act, which came into force in 1956 when the act itself was passed. ..... the legislature gave overriding effect to section 14a and chapter iiia with the knowledge that sections 19 and 39 of the slum clearance act contained non obstante clauses of equal efficacy. .....

Shri Punnu Ram and Others Vs. Shri Chiranji Lal Gupta (Dead) by L.Rs. ...

Court : Supreme Court of India

Reported in : AIR1999SC1094; JT1999(2)SC87; 1999(1)SCALE675; (1999)3SCC273; [1999]1SCR940

..... challenge before this court.for appreciating the contentions raised by the appellant, it would be necessary to refer to section 19 of the act which is as under :notwithstanding anything contained in any other law for the time being in force, no person shall, except with the previous permission in writing of the competent authority, -(a) institute, after the commencement of the slum areas (improvement and clearance) amendment act, 1964 any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building ..... or land in a slum area; or(b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a tenant from any building or land in such ..... in these appeals, only question involved is whether factors laid down in section 19(4) of the slum areas (improvement and clearance) act, 1956 (hereinafter referred to as 'the act') are to be read as cumulatively or alternatively. .....

Shri Sarwan Singh and anr. Vs. Shri Kasturi Lal

Court : Supreme Court of India

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

..... law for the time being in force, no person shall, except with the previous permission in writing of the competent authority,(a) institute, after the commencement of the slum areas (improvement and clearance) amendment act, 1964, any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area : of (b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a tenant from any building or land in such ..... section 19(1) of the slum clearance act was amended by act 43 of 1964 which came into force on february 28, 1965. ..... of the slum clearance act should be excluded in regard to proceedings arising out of the right conferred by section 14a, particularly when the right conferred by the various clauses of the proviso to section 14(1) is plainly subject to the provisions of the slum clearance act : (3) section 54 of the delhi rent act expressly saves the operation of the slum clearance act and since section 14a is incorporated into the delhi rent act, the slum clearance act would prevail over it; (4) in view of the non obstante clauses contained, in sections 19 and 39 of the slum clearance act and section 54 of the delhi rent act, every proceeding .....

Kashi Ram Vs. Rakesh Arora

Court : Supreme Court of India

Reported in : AIR1987SC2230; JT1987(3)SC389; 1987(2)SCALE387; (1987)4SCC84; [1987]3SCR1001

..... "section 19(1) of the said act now reads as follows:"19(1) notwithstanding anythingcontained in any other law for the time being in force, no person shall except with the previous permission in writing of the compe- tent authority,(a) institute, after the commencement of the slum areas (improvement and clearance) amend- ment act, 1964, any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area, or ............. ..... in may 1962 the respondent filed an applica- tion before the competent authority under section 19 of the slum areas (improvement of clearance) act, 1956 (hereinafter called 'the slum act') for permission to execute the order of eviction.on or about 21st of march, 1963 the said application was dismissed by the competent authority under the slum act. ..... section 19(1) as it stood before the amendment read as follows:"19(1) notwithstanding anythingcontained in any other law for the time being in force, no person who has obtained any decree or order for the eviction of a tenant from any buildings in a slum area shall be entitled to execute such decree or order except with the previous permission in writing of the competent authority. ..... the trial court further held that the amendment to section 19 of the slum act did not affect 1005the pending execution application, or in other words, limi- tation would not have started running. .....

JaIn Ink Manufacturing Company Vs. Life Insurance Corporation of India ...

Court : Supreme Court of India

Reported in : AIR1981SC670; 1982(2)SCALE1382; (1980)4SCC435; [1981]1SCR498

..... in any other law for the time being in force, no person shall, except with the previous permission in writing of the competent authority,-(a) institute, after the commencement of the slum areas (improvement and clearance) amendment act, 1964 any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area; 13. ..... argued that apart from the rent act, section 19 of the slum areas (improvement and clearance) act, 1956 (hereinafter referred to as the 'slums act'), which also would have to be construed as a special act applying only to such places which are declared to be slums under the act, would override the provisions of both the rent act and the premises act. ..... it would be seen that even under the rent act, by virtue of an amendment a special category has been carved out under section 25b which provides for special procedure for eviction to landlords who require premises ..... in the instant case, the lease was doubtless determined by the landlord by a notice under section 106 of the transfer of property act whose validity for purposes of deciding the question of law has not been questioned by the learned ..... whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever.to begin with, it is manifest that section 2(2)(g) does not use the word 'possession' or the words 'entry into possession' art; any point of time at all. .....

Mahal Chand Sethia Vs. State West of Bengal

Court : Supreme Court of India

Reported in : 1969(2)LC616(SC)

..... immediately after the passing of the order by the learned single judge the west bengal criminal law (amendment) (special courts) amending act xiv of 1954 was passed and a new sub-section, viz; sub-section (3) was appended to section 4 of the 1949 act. ..... but during the pendency of this review petition the governor of west bengal issued ordinance viii of 1965 on september 20, 1965 purporting to amend section 4 ofthe west bengal criminal law amendment (special courts) act, 1949 by deletion of old sub-section (3) and the insertion of a new sub-section (3) thereto reading:'if at any time the state government thinks fit to do so, it may withdraw any case from any special court and transfer the same to any other special court for disposal ..... section 2 of this act purported to amend section 5-a of the land acquisition act by allowing the making ofmore than one report in respect of land which had been notifiedunder section 4(1) of the land acquisition act and section 3 purported toamend section 6 of the principal act by empowering different declarations to be made from time to time in respect of different parcles ofland covered by the same notification under sec.4 (1) irrespective ofwhether one report or different reports had been made under section5-a sub-section (2). ..... in appeal from the order of the learned single judge dated september 2, 1964 it was argued on behalf of the state that in view of the amended provisions, section 4(3) of the act, the appeal ought to be allowed. .....

State of Arunachal Pradesh Vs. Khudiram Chakma

Court : Supreme Court of India

Reported in : AIR1994SC1461; JT1993(3)SC546; 1993(2)SCALE682; 1994Supp(1)SCC615; [1993]3SCR401

..... state of karnataka : [1991]1scr974 , a case arising karnataka slum areas (improvement and clearance) act, 1973, held that before eviction a slum dweller does have a right to say. ..... special provisions as to the citizenship of persons covered by the assam accord:(1) for the purposes of this section:(a) 'assam' means the territories included in the state of assam immediately before the commencement of the citizenship (amendment) act, 1985; (b) 'detected to be a foreigner' means detected to be a foreigner in accordance with the provisions of the foreigners act, 1946 (31 of 1946) and the foreigners (tribunals) order 1964 by a tribunal constituted under the said order; (c) 'specified territory' means the territories included in bangladesh immediately before ..... the commencement of the citizenship (amendment) act, 1985; '(d) a person shall be deemed to be of indian origin, if he, or either of his parents, or any of his .....

Bangalore Development Authority Vs. Air Craft Employees Coop.Society L ...

Court : Supreme Court of India

..... the administrator for the union territory of delhi (supra), the court dealt with the question whether section 19(1) of the slum areas (improvement and clearance) act, 1956 which adversely affected the decree of eviction obtained by the landlord against the tenant was a piece of ..... there is no provision in the bangalore water supply and sewerage act, 1964 (for short, `the 1964 act') under which the burden of capital required for the execution of schemes could be passed on to the private house building societies and, in any case, the bwssb can recover the cost by resorting to section 16 of the 1964 act. ..... by act no.14 of 1964, the town planning act was amended and chapter i-a comprising of sections 4-a to 4-h ..... users of land in any area in reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs; (k) the suspension, so far as may be necessary for the proper carrying out of the scheme, of any rule, bye- law, regulation, notification or order, made or issued under any act of the state legislature or any of the acts which the state legislature is competent to amend; (l) such other matter not ..... the respondent promptly amended the writ petition and challenged the constitutional validity of the newly inserted sub-section by asserting that the provision is discriminatory and violative of article 14 of the constitution because it gives unbridled and uncanalized power to the bda to demand additional sums for .....