This document summarizes 4 judgments of the Supreme Court of India related to the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
1) A previous court decision that found a decree to be null and void due to lack of jurisdiction did not operate as res judicata after a new law validated such decrees.
2) Premises belonging to the government or a local authority are exempt from the Act, including in the relationship between a lessee of such premises and their sub-tenant.
3) A building erected on land held by a person from a local authority (port trust) under a lease agreement belonged to the local authority and thus outside the scope of the Act
Self Redevelopment is a redevelopment done by society itself. In opting for self-redevelopment, housing societies can apply for loans from banks to finance the redevelopment of their homes and then, they can appoint an independent contractor to carry out the work to their specifications.
This effectively cuts out developers from the process, thereby ensuring that the profits remain within the society and they are able to track the pace and quality of construction closely.
Self-Redevelopment of Society buildings can be conducted easily & successfully, with proper planning and strategy, after keeping confidence and by taking help of experienced and relevant Professional Consultants of the field.
1. The document discusses contracts under Indian law, including the definition of a contract, essential elements, and types of contracts.
2. Key questions from the document are answered regarding offer and acceptance, revocation of offers, social agreements not being enforceable contracts, and other contract formation topics.
3. Examples are provided and analyzed to illustrate contract concepts such as the difference between an offer and invitation to offer, tacit contracts, and when acceptance results in a binding agreement.
This document summarizes a Supreme Court of India case between Vulcan Insurance Co. Ltd and Maharaj Singh. The key facts are that Maharaj Singh's factory suffered a fire and he filed an insurance claim that was rejected. He then filed an application under the Arbitration Act to appoint an arbitrator. The trial court dismissed the petition, but the High Court ordered arbitration. However, the Supreme Court overturned this, finding that the dispute did not fall under the arbitration agreement, and that Maharaj Singh should have filed a lawsuit instead of the arbitration application. The Supreme Court dismissed the application and ordered each party to bear their own costs.
The document discusses key aspects of transfer of title in a contract of sale under Indian law. It explains that transfer of title occurs when the property in the goods passes from the seller to the buyer, and outlines factors that determine when this occurs such as the parties' intent, whether the goods are specific/ascertained, and whether appropriation has taken place. Key provisions and sections of the Sale of Goods Act are summarized, including rules for determining when title passes in different situations. Exceptions to the nemo dat quod non habet principle are also covered.
Suitability of ADRs to particular types of disputes;Civil Procedure Code and ...Hitendra Hiremath
This document discusses the suitability of alternative dispute resolution (ADR) methods for different types of disputes and their relationship to the Civil Procedure Code in India. It notes that ADR methods like mediation and conciliation are well-suited for family disputes, industrial disputes, and consumer disputes. The Civil Procedure Code was amended to allow courts to refer disputes to arbitration, mediation, or other settlement methods. The amendments empower courts to direct parties to attempt outside settlement and establish procedures for ADR referrals. Landmark court rulings have also helped develop the framework for integrating ADR into the civil litigation system in India to reduce judicial backlog and expedite case resolutions.
IDBI was established in 1964 as a wholly-owned subsidiary of the Reserve Bank of India to provide long-term financing to industry. In 1976, ownership was transferred to the Government of India. IDBI played a pioneering role in industrial development over decades by financing medium and long-term projects. In the early 2000s, IDBI diversified by acquiring a housing finance subsidiary and began transforming into a commercial bank to overcome limitations and diversify its business. The transformation was completed in 2004 through an Act of Parliament that allowed IDBI to incorporate as a banking company and merge with IDBI Bank.
This presentation discusses cartels in India under the Competition Act 2002. It defines cartels and outlines their treatment in Sections 2 and 3 of the Act. Notable cases where cartels were found include those in the soda ash and cement industries. Joint ventures are exempt if they improve efficiency. Suggestions include better detecting small cartels through more regulatory units. In conclusion, the Competition Commission of India has stronger powers than its predecessor to address anticompetitive cartels.
This document provides a summary of various court judgments related to the Apartment Owners Act. It lists 20 cases from various High Courts and the Supreme Court of India between 1979-2009. The cases cover topics like what constitutes a promoter under the Act, requirements for consent before any alterations to building plans, remedies available to flat owners if unauthorized construction is carried out, obligations of builders, and more. The summaries aim to help people understand past legal interpretations of the Apartment Owners Act.
Self Redevelopment is a redevelopment done by society itself. In opting for self-redevelopment, housing societies can apply for loans from banks to finance the redevelopment of their homes and then, they can appoint an independent contractor to carry out the work to their specifications.
This effectively cuts out developers from the process, thereby ensuring that the profits remain within the society and they are able to track the pace and quality of construction closely.
Self-Redevelopment of Society buildings can be conducted easily & successfully, with proper planning and strategy, after keeping confidence and by taking help of experienced and relevant Professional Consultants of the field.
1. The document discusses contracts under Indian law, including the definition of a contract, essential elements, and types of contracts.
2. Key questions from the document are answered regarding offer and acceptance, revocation of offers, social agreements not being enforceable contracts, and other contract formation topics.
3. Examples are provided and analyzed to illustrate contract concepts such as the difference between an offer and invitation to offer, tacit contracts, and when acceptance results in a binding agreement.
This document summarizes a Supreme Court of India case between Vulcan Insurance Co. Ltd and Maharaj Singh. The key facts are that Maharaj Singh's factory suffered a fire and he filed an insurance claim that was rejected. He then filed an application under the Arbitration Act to appoint an arbitrator. The trial court dismissed the petition, but the High Court ordered arbitration. However, the Supreme Court overturned this, finding that the dispute did not fall under the arbitration agreement, and that Maharaj Singh should have filed a lawsuit instead of the arbitration application. The Supreme Court dismissed the application and ordered each party to bear their own costs.
The document discusses key aspects of transfer of title in a contract of sale under Indian law. It explains that transfer of title occurs when the property in the goods passes from the seller to the buyer, and outlines factors that determine when this occurs such as the parties' intent, whether the goods are specific/ascertained, and whether appropriation has taken place. Key provisions and sections of the Sale of Goods Act are summarized, including rules for determining when title passes in different situations. Exceptions to the nemo dat quod non habet principle are also covered.
Suitability of ADRs to particular types of disputes;Civil Procedure Code and ...Hitendra Hiremath
This document discusses the suitability of alternative dispute resolution (ADR) methods for different types of disputes and their relationship to the Civil Procedure Code in India. It notes that ADR methods like mediation and conciliation are well-suited for family disputes, industrial disputes, and consumer disputes. The Civil Procedure Code was amended to allow courts to refer disputes to arbitration, mediation, or other settlement methods. The amendments empower courts to direct parties to attempt outside settlement and establish procedures for ADR referrals. Landmark court rulings have also helped develop the framework for integrating ADR into the civil litigation system in India to reduce judicial backlog and expedite case resolutions.
IDBI was established in 1964 as a wholly-owned subsidiary of the Reserve Bank of India to provide long-term financing to industry. In 1976, ownership was transferred to the Government of India. IDBI played a pioneering role in industrial development over decades by financing medium and long-term projects. In the early 2000s, IDBI diversified by acquiring a housing finance subsidiary and began transforming into a commercial bank to overcome limitations and diversify its business. The transformation was completed in 2004 through an Act of Parliament that allowed IDBI to incorporate as a banking company and merge with IDBI Bank.
This presentation discusses cartels in India under the Competition Act 2002. It defines cartels and outlines their treatment in Sections 2 and 3 of the Act. Notable cases where cartels were found include those in the soda ash and cement industries. Joint ventures are exempt if they improve efficiency. Suggestions include better detecting small cartels through more regulatory units. In conclusion, the Competition Commission of India has stronger powers than its predecessor to address anticompetitive cartels.
This document provides a summary of various court judgments related to the Apartment Owners Act. It lists 20 cases from various High Courts and the Supreme Court of India between 1979-2009. The cases cover topics like what constitutes a promoter under the Act, requirements for consent before any alterations to building plans, remedies available to flat owners if unauthorized construction is carried out, obligations of builders, and more. The summaries aim to help people understand past legal interpretations of the Apartment Owners Act.
This document provides an overview of strata title laws in Malaysia. It explains that strata title allows for horizontal subdivision of buildings into individual units. Each unit is granted a separate title, while common areas are jointly owned. Key aspects summarized include the types of parcels and common property, the application process for strata title, responsibilities of management corporations and unit owners, and consequences of noncompliance.
This document discusses contingent contracts under Indian law. It defines a contingent contract as one where performance depends on an uncertain future event. Insurance, indemnity, and guarantee contracts are provided as examples. Key requirements of contingent contracts are outlined, including that the future event be uncertain and collateral to the contract. The document also discusses differences between contingent contracts and void wagering agreements, and conditions for enforcement and voidness of contingent contracts. Commercial applications of contingent contracts including insurance, guarantees, negotiations, and mergers & acquisitions are also mentioned.
This document summarizes the key concepts and principles related to constructive trusts under Malaysian law. It discusses the different types of constructive trusts, the differences between constructive trustees and ordinary trustees, and important cases that have helped shape the law on constructive trusts. The summary provides the essential information in 3 sentences:
Constructive trusts are implied trusts that equity recognizes to prevent unfairness, where a person obtains property through wrongful means or in circumstances that would make it unjust for them to keep the property. The document outlines the different situations that can give rise to a constructive trust, such as fraud, breach of fiduciary duty, and acquisition of property through killing. It also discusses the flexible "new model" of constructive trust introduced by Lord
The document discusses contracts of sale and remedies for breaches of contracts of sale. It defines a contract of sale as an agreement where a seller transfers goods to a buyer for a price. If the buyer breaches the contract by refusing to pay, the seller can sue for the price of the goods. If the seller breaches by not delivering the goods, the buyer can sue for damages. For specific goods, a party can sue to compel performance of the contract. The document provides an example case where a buyer was entitled to reject a misdescribed car after purchase.
This document provides definitions and explanations related to takeovers and the Takeover Code in India. It defines key terms like acquirer, control, shares, promoter, person acting in concert, target company. It summarizes regulations around disclosures for acquisition of shares above certain thresholds and the requirement for open offers when acquisition of shares takes the holding above certain levels like 15% and 55%. It also discusses judgements around interpretation of some of these terms.
Presentation on SARFAESI Act_Anurag Ghosh_16PGDMBFS08Anurag Ghosh
The document provides an overview of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) which allows banks to auction residential and commercial properties when borrowers default on loans. It discusses the history and provisions of the act, including giving banks the power to take possession of secured assets without court intervention. It also analyzes the rising level of non-performing assets (NPAs) in Indian banks and how the SARFAESI Act is important for helping banks reduce their NPAs by recovering assets.
The Doctrine of Indoor Management says that anyone entering a contract with a company has the right to inquire about the accuracy of the contract since the company's Articles and Memorandum of Association are public documents. It can be invoked by the person contracting with the company. The case of T.R Pratt (Bombay) Ltd. V. E.D. Sassoon & Co. Ltd. established that a lender had notice of irregularities in a loan transaction between two companies since their directors were the same. The Memorandum of Association and Articles of Association are key documents required for a company's incorporation, and once registered with the Registrar of Companies, become public documents available for inspection.
This document provides a summary of amendments made to the Insolvency and Bankruptcy Code of India. Some key changes include:
- Defining allottees under real estate projects as 'financial creditors'
- Reducing voting thresholds for Committee of Creditors decisions from 75% to 66%
- Allowing operational creditors to initiate insolvency proceedings even if the dispute is not pending in court
- Clarifying the role and powers of the interim resolution professional
The document discusses void marriages under the Hindu Marriage Act of 1955. It defines a void marriage as one that contravenes sections 5(i), 5(iv), or 5(v) of the Act. Section 5(i) prohibits a marriage if either party already has a living spouse. Section 5(iv) prohibits a marriage within a degree of prohibited relationship, unless permitted by custom. Section 5(v) prohibits a marriage between sapindas, or close kin, unless permitted by custom. A marriage that violates any of these conditions can be declared void by court decree under section 11 of the Act.
The document provides an overview and comparison of the MRTP Act of 1969 and the Competition Act of 2002 in India. Some key points:
- The MRTP Act aimed to prevent concentration of economic power and protect consumers, while the Competition Act of 2002 focuses more on increasing competition.
- The Competition Commission of India replaced the MRTP Act and was established to be the advocacy body for the new Competition Act.
- Some differences between the two acts include: the MRTP Act did not have judicial powers or penalties for offenses, while the Competition Act does; and registration of agreements was compulsory under the MRTP Act but not under the new Competition Act.
- The duties and powers of the Competition Commission
The document summarizes key aspects of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017:
1. It establishes a framework for regulating rent and balancing the rights and responsibilities of landlords and tenants in urban areas of Tamil Nadu. Authorities like Rent Authorities, Rent Courts, and Rent Tribunals are constituted to provide fast adjudication of disputes.
2. Tenancy agreements must be registered with the Rent Authority. The period of tenancy and obligations of landlords and tenants regarding rent payment, maintenance, and essential services are specified.
3. Grounds for landlords to recover possession of premises include non-payment of rent, subletting without
This document provides an overview of bailment under commercial law. It defines bailment as the delivery of goods by one person to another for a specific purpose, to be returned or disposed of according to the deliverer's instructions. The key parties are the bailor who delivers the goods and the bailee who receives them. For a valid bailment there must be delivery of possession of goods under an agreement for a particular purpose and return of the goods. The duties of bailors include disclosing faults, bearing extraordinary expenses, and indemnifying bailees for losses from defective title.
This case involved a dispute between Entores Ltd and Miles Far East Corporation over a contract for the purchase of copper cathodes. Entores attempted to sue Miles Far East in English courts, but could only do so if the contract was formed within England. The court had to determine whether the contract was formed when Miles Far East sent an acceptance from Amsterdam or when Entores received it in London. The judge ruled that for instantaneous communications like telex, the contract was formed upon receipt of the acceptance, so the contract was formed in London. Therefore, Entores was able to sue in English courts.
The document discusses collateral contracts and their requirements. A collateral contract is a second agreement connected to an original contract. It allows pre-contractual statements to be enforced even if they are not written into the main contract. For a collateral contract to be valid, it must include consideration in the form of inducing the other party to enter the original contract. Two cases are described where plaintiffs successfully sued on the basis of collateral contracts for damages caused by defendants' pre-contractual promises about product quality that proved untrue. Collateral contracts allow courts to consider certain pre-contract statements as legally binding.
Testimoni dari buku "Daudku Kan Ku Bawa Sampai Mati"aaean
Di bawah ini adalah kutipan dari buku “Daudku Kan Ku Bawa Sampai Mati” karya EAN.
Orang muslim melaksanakan puasa Ramadhan itu hukumnya wajib. Jika ia melaksanakan puasa Ramadhan akan mendapatkan pahala, dan jika ia meninggalkan akan mendapatkan dosa. Beda halnya dengan puasa sunah, jika dikerjakan mendapatkan pahala dan jika ditinggalkan tidak apa-apa.
Tetapi tidak semua orang itu bisa melaksanakan puasa sunah, hanya orang-orang yang sungguh-sungguh dan penuh keyakinan yang bisa melaksanakan puasa sunah. Puasa sunah itu apa saja sih ? puasa sunah itu ada puasa Senin-Kamis, puasa Muharam, puasa Syawal, puasa Daud dan sebagainya. Dari beberapa puasa diatas, mungkin anda sudah tahu hari dan kapan melaksanakannya, tetapi kebanyakan orang belum tahu apa itu puasa Daud ? Puasa Daud itu yaitu puasa seperti biasanya, seperti puasa Senin Kamis, puasa Ramadhan, ya pokoknya sama rukun-rukun puasa seperti puasa yang lainnya, tapi puasa Daud itu puasa yang dilakukan secaca berseling atau sehari puasa sehari tidak dengan secara istiqomah tidak ada batas waktunya. Sungguh sangat luar biasa jika seseorang bisa melaksanakan puasa Daud.
Disamping itu juga puasa Daud adalah Puasa yang paling afdhol karena ditetapkan langsung oleh Rasulullah shallallahu ‘alaihi wasallam sebagai bentuk puasa sunnah yang paling afdhal, sebagaimana yang disabdakan beliau Rasululloh shallallahu ‘alaihi wasallam kepada Abdullah bin Amru radhiallahu ‘anhu tatkala ia merasa mampu untuk melakukan sehari berpuasa dan dua hari berbuka sebagaimana yang di perintahkan Rasulullah shallallahu ‘alaihi wasallam kepadanya, yang artinya :
“Maka berpuasalah engkau sehari dan berbuka sehari, inilah (yang dinamakan) puasa Daud ‘alaihissalam dan ini adalah puasa yang paling afdhol. Lalu aku (Abdullah bin Amru radhialahu ‘anhu} berkata sesungguhnya aku mampu untuk puasa lebih dari itu, maka Nabi shallallahu ‘alaihi wasallam berkata: “Tidak ada puasa yang lebih afdhal dari itu. ” (HR. Bukhari No : 1840)
Diceritakan ada seorang remaja yang istiqomah puasa Daud dari sejak ia sekolah kelas dua SMA hingga saat ini ia kuliah. Mungkin anda bertanya-tanya apa sih yang membuat remaja ini istiqomah melaksanakan puasa Daud.
Memang jika kita sering melakukan hal-hal yang sudah menjadi kebiasaan itu susah untuk ditinggalkan, begitu pula dengan ia yang melaksanakan puasa Daud yang sudah ratusan hari ia jalani. Ia mendapatkan banyak manfaatnya, terutama dari segi fisik yaitu kesehatannya insyallah terjaga dan tidak gampang sakit. Adapun ia merasakan sakit, itu tandanya Allah sayang sama kita, dan harus disyukuri. Tetapi selama ia puasa Daud, ia pernah merasakan sakit itu cuma pilek, batuk dan pusing itu pun tidak sering.
Selain dari kesehatan puasa Daud yang ia jalani itu bisa memperkuat silaturahmi, memperkuat kejujuran, dan lain-lain.
Siapakah dia ??
Anda bisa menemukannya di buku “Daudku Kan Ku Bawa Sampai Mati”.
1015-Easement, nature and characteristics and extinction.pptKopal16
The document discusses the Indian Easements Act of 1882 which governs easements in India. It defines an easement as a right to use another's land for the benefit of one's own land. Easements can be created through express or implied grant, prescription after 20 years of use, or local custom. They are extinguished through release, revocation, expiration, termination of necessity, permanent changes to either land, or unity of ownership. The Act has 6 chapters and 64 sections detailing the nature, creation, transfer and extinction of easements.
Securities and exchange board of india act 1992ramandeepjrf
The document provides details about the Securities and Exchange Board of India (SEBI). It discusses that prior to SEBI, securities markets were regulated by various acts. SEBI was established in 1992 as a statutory regulator for securities markets in India with its headquarters in Mumbai. The key functions of SEBI include protecting investors, regulating securities markets, and promoting the development of markets. It has powers to investigate and take action against entities not complying with its regulations. Appeals against SEBI orders can be made to the Securities Appellate Tribunal.
Ll1 slides dealings part 2 leases and tenanciesxareejx
The document discusses the definition and key characteristics of leases and tenancies under Malaysian law. It defines a lease as a conveyance granting an interest in land less than a freehold from a lessor to a lessee. Leases must be for a specific duration exceeding 3 years, while tenancies can be for up to 3 years. Registered leases create greater legal rights than unregistered leases or tenancy agreements exempt from registration.
EXTRACT OF THE PRESENTATION - FOR THE CASE LAWS COVERED IN THE SESSION & SEMINARS, FEEL FREE TO EMAIL ME.
SPECIAL THANKS TO CS SHAILASHRI BHASKAR MA'AM, CS PAVAN KUMAR VIJAY SIR FOR THEIR GUIDANCE.
The document discusses the doctrine of election in the context of patents. It summarizes a court case where a defendant sought revocation/rectification of the plaintiff's patent before the IPAB as well as raising the same issue as a defense in a patent infringement suit. The court found that the doctrine of election did not apply, as the remedies provided under the Patents Act are independent statutory remedies that cannot be waived. However, allowing both proceedings could potentially lead to conflicting decisions, so the court could have suspended one proceeding until the other is resolved.
Landlord Tenant Law: Eviction and the Judicial Processeglzfan
This is an article I wrote for a Continuing Legal Education seminar (i.e., lawyers teaching lawyers) on the Georgia dispossessory process, including trial and mediation of landlord-tenant cases.
Compilation of Judgments wherein it is held that "Suit is not maintainable"Legal
Compilation of Judgments of Hon'ble Supreme Court of India and High Courts, wherein it is held that "Suit not is maintainable". This document will be helpful for those who are looking for a complilation of judgments whrein it is held that "Suit not is maintainable" on the one ground or the other.
This document provides an overview of strata title laws in Malaysia. It explains that strata title allows for horizontal subdivision of buildings into individual units. Each unit is granted a separate title, while common areas are jointly owned. Key aspects summarized include the types of parcels and common property, the application process for strata title, responsibilities of management corporations and unit owners, and consequences of noncompliance.
This document discusses contingent contracts under Indian law. It defines a contingent contract as one where performance depends on an uncertain future event. Insurance, indemnity, and guarantee contracts are provided as examples. Key requirements of contingent contracts are outlined, including that the future event be uncertain and collateral to the contract. The document also discusses differences between contingent contracts and void wagering agreements, and conditions for enforcement and voidness of contingent contracts. Commercial applications of contingent contracts including insurance, guarantees, negotiations, and mergers & acquisitions are also mentioned.
This document summarizes the key concepts and principles related to constructive trusts under Malaysian law. It discusses the different types of constructive trusts, the differences between constructive trustees and ordinary trustees, and important cases that have helped shape the law on constructive trusts. The summary provides the essential information in 3 sentences:
Constructive trusts are implied trusts that equity recognizes to prevent unfairness, where a person obtains property through wrongful means or in circumstances that would make it unjust for them to keep the property. The document outlines the different situations that can give rise to a constructive trust, such as fraud, breach of fiduciary duty, and acquisition of property through killing. It also discusses the flexible "new model" of constructive trust introduced by Lord
The document discusses contracts of sale and remedies for breaches of contracts of sale. It defines a contract of sale as an agreement where a seller transfers goods to a buyer for a price. If the buyer breaches the contract by refusing to pay, the seller can sue for the price of the goods. If the seller breaches by not delivering the goods, the buyer can sue for damages. For specific goods, a party can sue to compel performance of the contract. The document provides an example case where a buyer was entitled to reject a misdescribed car after purchase.
This document provides definitions and explanations related to takeovers and the Takeover Code in India. It defines key terms like acquirer, control, shares, promoter, person acting in concert, target company. It summarizes regulations around disclosures for acquisition of shares above certain thresholds and the requirement for open offers when acquisition of shares takes the holding above certain levels like 15% and 55%. It also discusses judgements around interpretation of some of these terms.
Presentation on SARFAESI Act_Anurag Ghosh_16PGDMBFS08Anurag Ghosh
The document provides an overview of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) which allows banks to auction residential and commercial properties when borrowers default on loans. It discusses the history and provisions of the act, including giving banks the power to take possession of secured assets without court intervention. It also analyzes the rising level of non-performing assets (NPAs) in Indian banks and how the SARFAESI Act is important for helping banks reduce their NPAs by recovering assets.
The Doctrine of Indoor Management says that anyone entering a contract with a company has the right to inquire about the accuracy of the contract since the company's Articles and Memorandum of Association are public documents. It can be invoked by the person contracting with the company. The case of T.R Pratt (Bombay) Ltd. V. E.D. Sassoon & Co. Ltd. established that a lender had notice of irregularities in a loan transaction between two companies since their directors were the same. The Memorandum of Association and Articles of Association are key documents required for a company's incorporation, and once registered with the Registrar of Companies, become public documents available for inspection.
This document provides a summary of amendments made to the Insolvency and Bankruptcy Code of India. Some key changes include:
- Defining allottees under real estate projects as 'financial creditors'
- Reducing voting thresholds for Committee of Creditors decisions from 75% to 66%
- Allowing operational creditors to initiate insolvency proceedings even if the dispute is not pending in court
- Clarifying the role and powers of the interim resolution professional
The document discusses void marriages under the Hindu Marriage Act of 1955. It defines a void marriage as one that contravenes sections 5(i), 5(iv), or 5(v) of the Act. Section 5(i) prohibits a marriage if either party already has a living spouse. Section 5(iv) prohibits a marriage within a degree of prohibited relationship, unless permitted by custom. Section 5(v) prohibits a marriage between sapindas, or close kin, unless permitted by custom. A marriage that violates any of these conditions can be declared void by court decree under section 11 of the Act.
The document provides an overview and comparison of the MRTP Act of 1969 and the Competition Act of 2002 in India. Some key points:
- The MRTP Act aimed to prevent concentration of economic power and protect consumers, while the Competition Act of 2002 focuses more on increasing competition.
- The Competition Commission of India replaced the MRTP Act and was established to be the advocacy body for the new Competition Act.
- Some differences between the two acts include: the MRTP Act did not have judicial powers or penalties for offenses, while the Competition Act does; and registration of agreements was compulsory under the MRTP Act but not under the new Competition Act.
- The duties and powers of the Competition Commission
The document summarizes key aspects of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017:
1. It establishes a framework for regulating rent and balancing the rights and responsibilities of landlords and tenants in urban areas of Tamil Nadu. Authorities like Rent Authorities, Rent Courts, and Rent Tribunals are constituted to provide fast adjudication of disputes.
2. Tenancy agreements must be registered with the Rent Authority. The period of tenancy and obligations of landlords and tenants regarding rent payment, maintenance, and essential services are specified.
3. Grounds for landlords to recover possession of premises include non-payment of rent, subletting without
This document provides an overview of bailment under commercial law. It defines bailment as the delivery of goods by one person to another for a specific purpose, to be returned or disposed of according to the deliverer's instructions. The key parties are the bailor who delivers the goods and the bailee who receives them. For a valid bailment there must be delivery of possession of goods under an agreement for a particular purpose and return of the goods. The duties of bailors include disclosing faults, bearing extraordinary expenses, and indemnifying bailees for losses from defective title.
This case involved a dispute between Entores Ltd and Miles Far East Corporation over a contract for the purchase of copper cathodes. Entores attempted to sue Miles Far East in English courts, but could only do so if the contract was formed within England. The court had to determine whether the contract was formed when Miles Far East sent an acceptance from Amsterdam or when Entores received it in London. The judge ruled that for instantaneous communications like telex, the contract was formed upon receipt of the acceptance, so the contract was formed in London. Therefore, Entores was able to sue in English courts.
The document discusses collateral contracts and their requirements. A collateral contract is a second agreement connected to an original contract. It allows pre-contractual statements to be enforced even if they are not written into the main contract. For a collateral contract to be valid, it must include consideration in the form of inducing the other party to enter the original contract. Two cases are described where plaintiffs successfully sued on the basis of collateral contracts for damages caused by defendants' pre-contractual promises about product quality that proved untrue. Collateral contracts allow courts to consider certain pre-contract statements as legally binding.
Testimoni dari buku "Daudku Kan Ku Bawa Sampai Mati"aaean
Di bawah ini adalah kutipan dari buku “Daudku Kan Ku Bawa Sampai Mati” karya EAN.
Orang muslim melaksanakan puasa Ramadhan itu hukumnya wajib. Jika ia melaksanakan puasa Ramadhan akan mendapatkan pahala, dan jika ia meninggalkan akan mendapatkan dosa. Beda halnya dengan puasa sunah, jika dikerjakan mendapatkan pahala dan jika ditinggalkan tidak apa-apa.
Tetapi tidak semua orang itu bisa melaksanakan puasa sunah, hanya orang-orang yang sungguh-sungguh dan penuh keyakinan yang bisa melaksanakan puasa sunah. Puasa sunah itu apa saja sih ? puasa sunah itu ada puasa Senin-Kamis, puasa Muharam, puasa Syawal, puasa Daud dan sebagainya. Dari beberapa puasa diatas, mungkin anda sudah tahu hari dan kapan melaksanakannya, tetapi kebanyakan orang belum tahu apa itu puasa Daud ? Puasa Daud itu yaitu puasa seperti biasanya, seperti puasa Senin Kamis, puasa Ramadhan, ya pokoknya sama rukun-rukun puasa seperti puasa yang lainnya, tapi puasa Daud itu puasa yang dilakukan secaca berseling atau sehari puasa sehari tidak dengan secara istiqomah tidak ada batas waktunya. Sungguh sangat luar biasa jika seseorang bisa melaksanakan puasa Daud.
Disamping itu juga puasa Daud adalah Puasa yang paling afdhol karena ditetapkan langsung oleh Rasulullah shallallahu ‘alaihi wasallam sebagai bentuk puasa sunnah yang paling afdhal, sebagaimana yang disabdakan beliau Rasululloh shallallahu ‘alaihi wasallam kepada Abdullah bin Amru radhiallahu ‘anhu tatkala ia merasa mampu untuk melakukan sehari berpuasa dan dua hari berbuka sebagaimana yang di perintahkan Rasulullah shallallahu ‘alaihi wasallam kepadanya, yang artinya :
“Maka berpuasalah engkau sehari dan berbuka sehari, inilah (yang dinamakan) puasa Daud ‘alaihissalam dan ini adalah puasa yang paling afdhol. Lalu aku (Abdullah bin Amru radhialahu ‘anhu} berkata sesungguhnya aku mampu untuk puasa lebih dari itu, maka Nabi shallallahu ‘alaihi wasallam berkata: “Tidak ada puasa yang lebih afdhal dari itu. ” (HR. Bukhari No : 1840)
Diceritakan ada seorang remaja yang istiqomah puasa Daud dari sejak ia sekolah kelas dua SMA hingga saat ini ia kuliah. Mungkin anda bertanya-tanya apa sih yang membuat remaja ini istiqomah melaksanakan puasa Daud.
Memang jika kita sering melakukan hal-hal yang sudah menjadi kebiasaan itu susah untuk ditinggalkan, begitu pula dengan ia yang melaksanakan puasa Daud yang sudah ratusan hari ia jalani. Ia mendapatkan banyak manfaatnya, terutama dari segi fisik yaitu kesehatannya insyallah terjaga dan tidak gampang sakit. Adapun ia merasakan sakit, itu tandanya Allah sayang sama kita, dan harus disyukuri. Tetapi selama ia puasa Daud, ia pernah merasakan sakit itu cuma pilek, batuk dan pusing itu pun tidak sering.
Selain dari kesehatan puasa Daud yang ia jalani itu bisa memperkuat silaturahmi, memperkuat kejujuran, dan lain-lain.
Siapakah dia ??
Anda bisa menemukannya di buku “Daudku Kan Ku Bawa Sampai Mati”.
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EXTRACT OF THE PRESENTATION - FOR THE CASE LAWS COVERED IN THE SESSION & SEMINARS, FEEL FREE TO EMAIL ME.
SPECIAL THANKS TO CS SHAILASHRI BHASKAR MA'AM, CS PAVAN KUMAR VIJAY SIR FOR THEIR GUIDANCE.
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1. 1
Judgments of Hon'ble
Supreme Court on Bombay
Rents, Hotel and Lodging
House Rates Control Act, 1947.
Compiled by H. S. Mulia.
Supreme Court Judgments on Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
4. 4
blocks in the demised premises, alter giving a notice to quit. The subtenant
claimed protection under Bombay Act 57 of 1947 and that under S. 28 of that
Act the Court had no jurisdiction to entertain the suit:
2.4. Held in the facts and circumstances, the demised premises including the
building belonged to the Board which was a local authority and therefore
were outside the operation at the Act in view of S. 4 (1). The fact that the
lessee incurred expenses in putting up the building was precisely the
consideration for the lessor granting him a lease for 999 years not only of the
building but of the land as well at what may be a cheap rent which the lessor
may not have otherwise agreed to do. By the agreement the building became
part of the land and the property of the lessor and the lessee took a lease on
that footing. The lessee or a person claiming title through him could not now
be heard to say that the building did not belong to the lessor. Forfeiture does
not, for the first time, give title to the lessor. On forfeiture he has all along
been his own property. The interest of the lessor in the demised premises
could not possibly be described as a contingent interest which would become
vested on the expiry or sooner determination of the lease. The City Civil Court
had, therefore, jurisdiction to entertain the suit. Messrs. Bhatia. Cooperative
Housing Society Limited v/s D. C. Patel, reported in AIR 1953 SC 16 (Four
Judges).
3. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947), S.4(1)
and S.(4)(a) lease tenancy Exemption from operation of Act Premises
belonging to Govt. or Local Authority Premises belonging to Port Trust taken on
lease Lessee letting out premises to subtenants Case does not fall under
S.4(4)(a) Protection under Act is not available to sublessees.
3.1. S.4(1) makes it clear that the provisions of the Bombay Rent Act are not
applicable to premises belonging to the Govt. or a local authority. Subsec. (4)
Supreme Court Judgments on Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
10. 10
1973 he could not take shelter under Section 15A.
8.2. It is wholly wrong to say that if a licensor filed an application under
Section 41 of the S.C.C. Act instead of filing a regular civil suit he by
implication treated the occupant of the premises against whom the S.C.C.
application was filed as a subsisting licensee.
8.3. There was nothing to show in the records of this case that D had ever
accepted any money either in or outside court from W after 31st of March,
1966 by way of any rent of the licenced premises. A person continuing in
occupation of such premises after revocation of the licence is still liable to pay
compensation or damages for their use and occupation. If at any time such
compensation had been paid or accepted it could not undo the effect of the
revocation of the licence. D. H. Maniar v/s Waman Laxman Kudav, reported
in AIR 1976 SC 2340 (FB).
9. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.5(4A) , S.5(6A) Paying guest or licensee Licensee becomes paying guest if
licensor resides in same premises and for that licensor need not reside in same
room in which licensee resides. Moreover residence of licensor in remaining part
of premises need not be physical residence. Dejure control over remaining
premises would be sufficient.
9.1. All that is required to make a licensee answer the description of a paying
guest is that the licensor also resides in the premises of which a part is in the
possession of the paying guest and it is not required that the licensor should
physically reside in the same room as the paying guest. The words in which
the licensor resides qualify the words 'premises' which immediately precede
the said words and are not intended to qualify 'part of the premises'. It is also
not necessary that the licensor must be using the remaining part of the
premises for actual residence. The position of a 'paying guest' is similar to the
Supreme Court Judgments on Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
11. 11
position of a 'lodger' in England. If the part is in the use of the 'lodger' and the
owner retains the control of the whole house, that is sufficient. Surendra
Kumar Jain v/s Royce Pereira, reported in AIR 1998 SC 394, para Nos.14 to
16.
10. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.5(7), S.7, S.10AA.
10.1. Amount of educational cess is recoverable by the landlord from the tenant
under S. 10AA of the Rent Act.. Section 7 of the Rent Act does not prohibit
the recovery of the increase to which landlord may be entitled under the
provisions of the Act in addition to the standard rent. Sections 5(7), 9, 10 and
10AA of the Rent Act indicate that permitted increase becomes part of the
rent. The building can well be said to be reasonably expected to be let at the
figure arrived at by adding the permitted increase to the standard rent. The
valuation has therefore, to be arrived at after taking into account the amount
of educational cess levied by the Corporation. Even if it leads to some kind of
inconvenience of variation in valuation at frequent intervals that can be no
consideration for not giving full effect and meaning to the provisions of the
Act of 1888 and the Rent Act. Bombay Municipal Corporation , Appellant v.
The Life Insurance Corporation of India, Bombay, reported in AIR 1970 SC
1584 (FB).
11. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.5(8) 'Premises' Lease of land having no building thereon, for making
construction for installing machines. Building constructed on that land and
machinery also installed. Whether same can be termed as 'premises' under Rent
Act? Held. Yes.
11.1. So far the facts of the present case are concerned, the lease had been
granted to the Binny Company for installing ginning and processing machines
Supreme Court Judgments on Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
13. 13
have accepted the erroneous view that standard rent was actually fixed by the
appellate Court for the first time whereas what had happened was that the
application for fixation of standard rent had been dismissed for non
prosecution. This was not "fixation" of standard rent. Hence, no question of
giving time to pay up arrears after a "fixation" of standard rent arose in the
case C.R. Appl. No. 67 of 1973, D/ 1991975 (Guj), Reversed. Mistry
Premjibhai Vithaldas v/s Ganeshbhai Keshavji, reported in AIR 1977 SC 1707
(FB). Para Nos.10, 11 &13.
13. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.5(10), S.7 Whether standard rent can be altered and refixed if there is any
structural alteration or change in the amenities? Held No.
13.1. Section 11(a) is intended to enable the Court, upon an application in any
suit or proceeding, to modify the standard rent as a result of structural
alteration or change in the amenities involving further capital investment of
the owner. However, demolition of a building is not one such contingency
contemplated by S. 11(a) of the Act. Municipal Corporation of Greater
Mumbai v/s Kamla Mills Ltd. Reported in AIR 2003 SC 2998, para No.36.
14. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.5(11)(b) lease Lease of certain watan land by father of A to R for storing
timber Death of father of A R continued to be tenants within S. 5 (11)
Determination of lease consequent on death of father of A, not material.
14.1. Section 5 (11) (b) is clear that any person remaining, after the
determination of the lease, in possession, with or without the assent of the
landlord is also a tenant for the purposes of the Act. The learned counsel
argued that the determination of the lease contemplated by Section 5 (11) (b)
was determination by an act of the landlord and not determination by the
operation of the law. We do not see any justification for so confining the
Supreme Court Judgments on Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
14. 14
meaning to be given to the expression 'the determination of the lease' in
Section 5 (11) of the Act. Tavangowda Tamangowda Patil v/s Yellappa
Krishna Muchandni, reported in AIR 1980 SC 590.
15. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.5(11) (c) Whether the status of a member in the case of tenant copartnership
housing society is that of a tenant within the meaning of S. 5(11) of the Rent Act
1947? Held No.
15.1. As there is no relationship of landlord and tenant between the Society and
the member. M/s. Anita Enterprises v/s Belfer Coop. Housing Society Ltd,
reported AIR 2008 SC 746, para Nos.27 & 28.
16. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.5(11) (c) & 28 Tenant of copartnership housing society inducting third person
in his allotted accommodation. Whether such transfer establishes relationship of
landlord and tenant, between member and third person? Held No.
16.1. Further held that The question regarding legality or otherwise of the
creation of tenancy right by the member of tenant copartnership society
which amounts to transfer of interest of a member in the property of the
Society, can be decided by raising a dispute before the Cooperative Court.
M/s. Anita Enterprises v/s Belfer Coop. Housing Society Ltd, reported AIR
2008 SC 746, para Nos.33, 35 & 36.
17. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.5(11)(c)(ii) and S.15 Tenant of nonresidential premises continuing in
occupation after contractual period is over He cannot bequeath his right of
occupation by will in favour of person who was not member of his family
carrying on business at time of his death.
17.1. A person occupying a nonresidential premises as a tenant after the
contractual period is over cannot bequeath his right to occupy the property as
Supreme Court Judgments on Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
19. 19
The definition of 'tenant' is too exhaustive to include any member of the
family residing with him. Such members of his family who were residing with
the tenant at the time of his death, or in their absence any heir of the
deceased tenant, as may be decided in default of agreement by the Court,
would become tenant only on his death. The concurrent findings of the Courts
below are that son, respondents 2 and 3 built the house for which the first
respondent tenant did not contribute any money; she did not shift her
residence to the said house though she was visiting that house off and on.
Inasmuch as the first respondent tenant did not built any house and
respondents 2 and 3 are not the tenants, the first of the three alternatives,
referred to in S. 13(1) is not available to the landlord to seek eviction of the
first respondent tenant. Anandi D. Jadhav v/s Nirmala Ramchandra Kore,
AIR 2000 SC 1386, para Nos.5 & 8.
21. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.5(11)(c) Original tenant having two sons. On death of original tenant rent
bills were issued in name of his elder son and on death of elder son rent bills
were issued in name of his widow. No division of premises and rent was not
being paid separately by younger son. Members of family of original tenant
succeeded to tenancy together. Suit filed for eviction. Widow of elder son
impleaded as tenant represented all tenants. Whether the decree passed in suit
for eviction is binding on all members of family covered by tenancy? Held. Yes.
21.1. Younger son claiming to be member of family residing with original tenant
at time of his death cannot resist execution of decree. Moreso, when younger
son was not residing in premises with family of elder son. Therefore, there
was no necessity to implead appellant younger son as necessary party to suit
for eviction. Ashok Chintaman Juker v/s Kishore Pandurang Mantri,
reported in AIR 2001 SC2251.
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20. 20
22. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.5(18)(b), S.11(1)(c) houses and rents Fixation of standard rent Principle
of apportionment Applicability Apportionment What is How it has to be
applied.
22.1. The principle of apportionment is not alien to the spirit and scheme of the
Act. It is applicable to the fixation of standard rent.
22.2. Apportionment or equal distribution of the burden of rent on every
portion is a rule of justice and good sense. If the standard rent of a whole
was a specific amount, it stands to reason that the standard rent of a part or
subdivision of that whole should not ordinarily exceed that amount.
Therefore, if the court feels that for securing the ends of justice and giving
effect to the provisions and policy of the Act, it is reasonably necessary and
feasible to work out the standard rent by apportionment, it can legitimately
do so. This principle, however, is applicable where on the basic date, that
portion of which the standard rent is to be determined, had not been let
separately as one unit, but the whole, of which it is a part, had been let on
that date. Apportionment postulates that on account of its having been let on
the basic date, the whole had acquired a standard rent which has to be
allocated to smaller units subsequently carved out of it.
22.3. True, that unlike the English Rent Control Act of 1920 or the later English
Acts, the (Bombay) Act does not expressly speak of apportionment. But the
language of its relevant provisions is elastic enough to permit the fixation of
standard rent on apportionment basis. Section 11(1) gives a discretion to the
Court to fix such amount as standard rent as it "deems just", though in
exercising this discretion the Court has to pay due regard to (i) the provisions
of the Act and (ii) the circumstances of the case, and it is not to be rigidly and
indiscriminately applied.
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23. 23
application of that part cannot have been intended to depend upon what a
lessee may do or may not do.
25.3. The fact that the lease permitted the lessees to take construction loans
from prospective tenants of the buildings to be constructed by the lessees does
not affect the purpose for which the land was leased. Osman Fakir
Mohammed Divecha , Appellant v. Ali Akbar Javed Sadakya, reported in AIR
1970 SC 1893 (FB).
26. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.6 Premises, let for education Protection from eviction by educational
institutions Premises let out on rent to club Club activities not showing the
premises were let for education Benefit of Act cannot be claimed by club.
26.1. Where the premises were let out on rent to a club and the activities of the
Club were more in the nature of cultural activities or recreational activities,
inasmuch as they related fraternising among the members by playing indoor
or outdoor games or otherwise, such activities cannot lead the conclusion that
the premises were let for purposes of education and consequently the club
was not entitled to the protection of the Act. Haji Ismail Valid Mohmad v/s
Sports Club in the name of Union Sports Club, reported in AIR 1992 SC 1855
(FB).
27. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.11 Default in payment of rent Composite tenancy Under contract, property
tax along with monthly rent is required to be paid by tenant. Whether default in
payment of rent at end of every succeeding month does not convert monthly
tenancy into yearly one. Held. No. Ansuyaben Kantilal Bhatt v/s Rashiklal
Manilal Shah, reported in AIR 1997 SC 2510.
28. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.11(1)(e) Standard rent Application for fixation of Subsistence of pre
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24. 24
existing dispute is sine qua non for making application. Held. No.
28.1. There is no need for a preexisting dispute to subsist before invoking the
jurisdiction of the Court under Section 11(1)(e) of the Act. Filing an
application for determination of the standard rent itself is a dispute entitling
the tenant to take the benefit of Section 12(3)(a). The dispute may arise in
diverse forms. Devkaran Nenshi Tanna v/s Manharlal Nenshi, reported in AIR
1994 SC 2747, para No.6.
28.2. Further held in para No.8 that : Where the order fixing standard rent was
passed on basis of compromise reached between the parties and it was clear
from the order that the Court did not apply its mind to the factum whether
the terms agreed by the parties are just and reasonable and whether it would
be the standard rent consistent with the provision of the Act, the tenant
would not be precluded from making an application for fixation of standard
rent again when the notice was issued by the landlord demanding payment of
the arrears of the standard rent. The Act is a welfare legislation and parties
cannot contract out of the statute and the seal of approval of the Court does
not super add its sanctity, nor receive its legality or validity or sanctity
without due adjudication. The order should disclose the application of Court's
mind to the facts and then to the determination of the standard rent on the
basis of the terms, other evidence or records and the consent of the parties is
consistent with the Act and should record its satisfaction.
29. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.11(4) Sick Industrial Companies (Special Provisions) Act (1 of 1986), S.22
Eviction petition for nonpayment of rent. Whether same is maintainable against
sick company? Held. Yes.
29.1. Order under S. 11(4) of Rent Act can also be passed and S. 22 of 1985
Act does not prevent such proceedings. Gujarat Steel Tube Co. Ltd. ,
Supreme Court Judgments on Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
28. 28
being transferred or assigned, and devolves on his death only in the manner
provided by the statute. The right of a lessee from a landlord on the other
hand is an estate or interest in the premises and in the absence of a contract
to the contrary is transferable and the premises may be sublet by him. But
with the determination of the lease, unless the tenant acquires the right of a
tenant holding over, by acceptance of rent or by assent to his continuing in
possession by the landlord, the terms and conditions of the lease are
extinguished, and the rights of such a person remaining in possession are
governed by the statute alone. Section 12(1) of the Act 57 of 1947 merely
recognises his right to remain in possession so long as he pays or is ready and
willing to pay the standard rent and permitted increases and performs the
other conditions of the tenancy, but not the right to enforce the terms and
conditions of the original tenancy after it is determined. Assuming that the
tenant was entitled to sublet the premises under the terms of the lease he
could not, relying upon S. 12(1), exercise the right to sublet granted under
the lease after he became a statutory tenant. Anand Nivas Private Ltd. v/s
Anandji Kalyanji's Pedhi, reported in AIR 1965 SC 414 (FB).
32.2. Above referred ratio is distinguish in Damadilal and others, Appellants v.
Parashram, reported in AIR 1976 SC 2229 (FB) and overruled in Om Wati
Gaur v/s Jitendra Kumar, reported in AIR 2003 SC 229.
33. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.12, S.13 Civil P.C. (5 of 1908) , O.37 , R.2 (Bombay) houses and rents
Houses and Rents R. 8 of the Rules made under the Act is not ultra vires
Exercise of discretion under O. 37 R. 2 Extent of.
33.1. Rule 8 of the Rules made under the Bombay Rents, Hotel and Lodging
House Rates (Control) Act, which provides that its under the Act may be
instituted in accordance with the procedure laid down in O. 37 is not ultra
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29. 29
vires and void. It is fallacious to contend that under provisions of the Act the
landlord is not entitled to a decree as a matter of right; the Court has to
consider the position of the tenant and has a discretion to pass or not to pass
a decree and therefore to a suit governed by the Act the provisions of O. 37 R.
2 C. P. C. (Bombay), which makes it incumbent on the Court to pass a decree
in circumstances coming within that subrule, are inapplicable.
Ramkarandas Radhavallabh v/s Bhagwandas Dwarkadas, reported in AIR
1965 SC 1144.
34. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.12, S.13, S.14 houses and rents Houses and Rents Scope Expression "is
determined for any reason", meaning of Interest of tenant when comes to an
end.
34.1. It is not correct to say that as soon as a notice determining a contractual
tenancy is given, the subtenant of the contractual tenant who was there from
before has to be deemed A tenant under S. 14 from the date the notice
expires.
34.2. The words "is determined for any reason" in the context of the Act mean
that where the interest of a tenant comes to an end completely, the pre
existing subtenant may, if the conditions of S. 14 are satisfied, be deemed to
be a tenant of the landlord.
34.3.The interest of a tenant who for purposes of S. 14 is a contractual tenant
comes to an end completely only when he is not only no longer a contractual
tenant but also when he has lost the right to remain in possession which S. 12
has given to him and is no longer even a statutory tenant. In other words S.
14 would come into play in favour of the subtenant only after the tenancy of
the contractual tenants has been determined by notice and the contractual
tenant has been ordered to be ejected under S. 28 on any of the grounds in S.
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32. 32
operates against landlord only after contractual tenancy is determined in
accordance with S. 111 T. P. Act Suit for recovery of possession under S. 12
Nat maintainable unless tenancy is determined and notice under S. 12 (2) is
served. Bhaiya Punjalal Bhagwanddin v/s Dave Bhagwatprasad Prabhuprasad,
reported in AIR 1963 SC 120 (FB).
37.1. Above referred ratio is impliedly overruled in the case of V. Dhanapal
Chettiar v/s Yesodai Ammal, reported in AIR 1979 SC 1745 (Seven Judges).
38. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.12(1) and S.12(3)(b) houses and rents eviction tenancy Houses and
Rents Suit by landlord against eviction of tenant Tenant in arrears of rent
During pendency of suit, tenant not paying standard rent, nor was he ready or
willing to pay Instead, he claimed that he was not liable to pay any amount
Tenant, held could not claim protection from eviction. Maganlal Chhotabhai
Desai v/s Chandrakant Motilal, reported in AIR 1969 SC 37 (FB). Para Nos. 10 &
11.
39. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.12(1), S.12(3)(b) and S.11(3) houses and rents eviction Houses and Rents
Suit for eviction of tenant on ground of arrears for a period of more than six
months Tenant though raising dispute as to standard rent, making no
application under S. 11 (3) Cannot claim protection under S. 12 (1) by merely
offering to pay or even paying all arrears due when court is about to pass decree
Tenant failing to pay or deposit in court regularly amount of standard rent due
after first hearing, cannot get protection of S 12 (3) (b).
39.1. Where a suit for eviction is filed on the ground that the tenant was in
arrears for a period of more than 6 months and the tenant although raising a
dispute as to the standard rent or permitted increases recoverable under the
Act, makes no application in terms of S. 11 (3) he cannot claim the protection
Supreme Court Judgments on Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
37. 37
there is any dispute between the landlord and the tenant regarding the
amount of permitted increases, it can be decided by the Court only on an
application made by the tenant who has received a notice from his landlord.
Thus in a suit for ejectment it would not be open for the tenant to raise a
dispute regarding the permitted increases. If on receipt of a notice the tenant
has either not paid the amount of the permitted increase and not raised a
dispute by filing an application then, by virtue of Sections 12(2) and (3), the
landlord would be entitled to a decree for eviction. Laxman Jiwaba
Baherwade v/s Bapurao Dodappa Tandale AIR 2002 SC 3266, para No.6.
45. Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947),
S.12(3) , Cl.(a) and Cl.(b) houses and rents Houses and Rents Dispute about
amount of standard rent Final order of standard rent by Small Cause Court
Tenant and landlord both questioning amount of standard rent by revision
petitions Dispute cannot be said to have come to end Case will be governed
not by Cl.(a) but by Cl. (b).
45.1. Eviction under Cl. (a) is made to depend upon several conditions. One
such condition is that there should be no dispute regarding the amount of
standard rent. Clause (b) comprehends all cases other than those falling
within Cl. (a) and a case in which there is a dispute about the standard rent
must obviously fall not in Cl. (a) but in Cl. (b).
45.2. Where, though the final order of standard rent is passed by the Court of
Small Causes, neither the landlord nor the tenant accepts the determination,
but each side questions the amount by filing revision petitions, particularly
the landlord files one revision after another to get the amount increased, it
would be strange for him to claim that there was no dispute subsisting. The
case will be governed not by Cl. (a) but by Cl. (b). Jashwantrai Malukchand
v/s Anandilal Bapalal, reported in AIR 1965 SC 1419 (FB).
Supreme Court Judgments on Bombay Rents, Hotel and Lodging House Rates Control Act, 1947