Rent Control - Law Dictionary Search Results
Home Dictionary Name: rent controlrent control
rent control : government regulation of the amount charged as rent for housing and often also of eviction rent-con·trolled adj ...
If the controller is satisfied
If the controller is satisfied, the words in s. 10 of the Madras Building (Lease and Rent Control) Act, 1960 'if the Controller is satisfied' do not have any special significance. An ordinarily Civil Court try-ing a suit either on a mortgage or on a promissory note has necessarily to be satisfied about the execu-tion of the document, the passing of consideration etc., before it can pass a decree on the basis of either the mortgage or the promissory note. Therefore, the fact that u/s. 10 the Controller has to be satisfied that the ground for eviction exists does not mean that his satisfaction cannot be based on the same considerations on the basis of which the Civil Courts can be satisfied, K.K. Chari v. R.M. Seshadri, AIR 1973 SC 1311: (1973) 3 SCR 691: (1973) 1 SCC 761....
Every order of Controller made under this Act
Every order of Controller made under this Act, the object of s. 38(1) is to give a right of appeal to a party aggrieved by some order which affects his right or liability. In the context of s. 38 (1), the words 'every order of the Controller made under this Act' though very wide, do not include interlocutory orders, which are merely procedural and do not affect the rights or liabilities of the parties, Central Bank of India v. Gokal Chand, AIR 1967 SC 799 (800): (1967) 1 SCR 310. [Delhi Rent Control Act, 1958 (59 of 1958), s. 38(1)]...
Landlord
Landlord, he of whom land or tenements are holden; who has a right to distrain for rent in arrear, etc., Co. Litt. 57. See Foa or Woodfall on Landlord and Tenant, and also the (English) Rent and Mortgage Interest Restrictions Act, 1920 (10 & 11 Geo. 5, c. 17), s. 70.Includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, Raval and Co. v. K.G. Ramachandran, AIR 1974 SC 818: (1974) 1 SCC 424: (1974) 2 SCR 629.Mean a person who is the owner of the building and who has a right to remain in occupation and actual possession of the building to the exclusion of everyone else. It is such a person who can seek to evict the tenant on the ground that he requires possession in good faith for his own occupation, M.M. Quasim v. Manohar Lal Sharma, ...
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
Increase of Rent and Mortgage (Restrictions) Acts (English)
Increase of Rent and Mortgage (Restrictions) Acts (English). A series of statutes, each of a temporary character, curtailing the contractual rights, in respect of certain classes of property, of landlords and mortgagees. This legislation was rendered necessary, in the first instance, by the conditions caused by the outbreak of the Great War. The continuance of the protection to tenants and mortgagees of dwelling-houses afforded by the later Acts was made necessary by the housing shortage, caused principally by the economic effects of the war. The Courts (Emergency Powers) Act,1914 (4 & 5 Geo. 5, c. 78), was the first of such Acts: it restricted the right to levy distress or resume possession of property by landlords and of mortgagees to foreclose or realize their security. This Act was followed by a series of complicated statutes which imposed restrictions on increasing the rent and mortgage interest on properties falling within their scope. the obscure and ambiguous drafting of these ...
Life-rent
Life-rent, a rent received for a term of life. See SETTLED LAND.The doctrine of the lifting of the veil has been applied in the words of Palmer in five categories of cases; where companies are in the relationship of holding and subsidiary (or subsidiary) companies; where a shareholder has lost the privilege of limited liability and has become directly liable to certain creditors of the company on the ground that, with his knowledge, the company continued to carry on business six months after the number of its members was reduced below the legal minimum; in certain matters pertaining to the law of taxes, debts, duties and stamps, particularly where the question of the 'controlling interest' is in issue; in the law relating to exchange control; and in the law relating to trading with the enemy where the test of control is adopted, Tata Engineering and Locomotive Co. Ltd. v. State of Bihar, AIR 1965 SC 40 (47): (1964) 6 SCR 885. (Companies Act, 1956, s. 34)...
Or otherwise
Or otherwise, in s. 18, clause (2) of the Delhi-Ajmer Rent Control Act do not merely mean on the oral complaint of some tenant'. They clearly cover a case in which some tenants in a newly constructed building complain to the Rent Controller that their rent is excessive and he discovers that other tenants in the same building are also charged similar excessive rents for the premises occupied by them, Raj Krishna Jai v. Tulsi Das R. Sugand, (1954) 56 Punj LR 193: 1954 Punj 198....
Tenant
Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...
Rent agreed
Rent agreed, the words 'rent agreed' is used in s. 4(2)(b) of the Haryana Urban (Control of Rents and Eviction) Act, 1973. In a narrow sense rent is understood as the payment agreed to be made to the landlord by the tenant in consideration for the right to use the rented premises. By using the words 'rent agreed' the legislature intended to indicate that the word 'rent' must be construed in a wider sense to include, apart from the narrow connotation, any payment made for use of land where the quantum may have been fixed otherwise than by agreement, Ishwar Swaroop Sharma v. Jagmohan Lal, AIR 2001 SC 370 (372): (2001) 1 SCC 218....
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