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Showing posts with label
rent law
.
Show all posts
Showing posts with label
rent law
.
Show all posts
Friday, 29 May 2026
Supreme Court: The Appellate Court can always frame an issue to determine any question of fact based on subsequent event
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Yet another factor that impelled the High Court to interfere was the direction of the Appellate Bench in remanding the issue of bonafide req...
Sunday, 19 April 2026
Supreme Court: Whether an appellate court can dismiss an appeal solely on the basis of an unrebutted affidavit of the respondent without considering the entire material on record, including the trial court record?
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Having heard the learned counsel for the parties and having perused the documentary material on record, we are of the view that the writ pe...
Saturday, 25 May 2024
Supreme Court: Application For Compensation by Landlord at belated stage Can't Be Entertained When Appeal Is Ready For Final Hearing
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In my opinion if Interim Application as per the ratio laid down by the judgment of Atma Ram Properties (supra) is preferred in a short sp...
Wednesday, 19 July 2023
Whether married daughters of landlord are his dependents for the purpose of claiming eviction of tenant?
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The court is of the view that the status of financial well-being of a landlord or his family members-wife and children, who were dependent...
Should the court refuse an eviction decree to the landlord if the husbands of his married daughters have accommodation?
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The landlord wanted his property not only for his daughters but for himself also. Assuming that accommodation was available with the respe...
Should a landlord have all information about the income and assets of his wife and disclose it before the court to seek eviction of a tenant?
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The impugned judgment then delves into the examination of nature of business being carried out by the landlord i.e. whether the hotel bus...
Should a landlord disclose his entire financial transactions and file details of his income tax returns to prove his bona fide need for eviction of a tenant?
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The court is of the view that disclosure of his entire financial affairs by a tenant is neither essential in an eviction petition nor is ...
Whether the rent control Court has jurisdiction to decide eviction of tenant proceeding instituted before amendment Act 2013 of S 83 of wakf Act?
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At the outset, the respondent has questioned the maintainability of the eviction petition before the learned ARC on the ground that under s...
Thursday, 8 June 2023
Is every claim for a license fee for the remainder of a lock-in period in a leave and license agreement considered a claim for damages?
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(e) Every claim for license fee for the remainder of a lock-in period in a leave and license agreement is not per se a claim for damages, ...
Is a contractual provision for a lock-in period in a leave and license agreement illegal?
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The result of this discussion, in summary, is that for the purposes of Section 433 of the Companies Act, 1956: (a) The liability of the resp...
Tuesday, 21 March 2023
Whether the court can direct tenant to pay enhanced rent during pendency of eviction proceeding as per O 15-A of CPC?
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There is no gainsaying that an order under Order 39 Rule 10 CPC and/or Order XV-A CPC is rendered as an interim measure to safeguard the in...
Tuesday, 7 March 2023
Can the tenant refuse to pay rent in the absence of a specific clause in that regard in the sale agreement?
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It is settled position of law that an agreement holder who is the tenant of the property should continue to pay the rent, unless there is a...
Sunday, 28 August 2022
Can the court grant interim relief U/S 9 of the Arbitration Act relating to possession of property given on leave and license?
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As held by the Full Bench in Central Warehousing Corporation, Mumbai (supra) in the arbitration agreement in such cases is held to be inva...
Can the court refuse to grant an eviction decree to the landlord on the grounds of bonafide need if one landlord claims a rent increase?
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The learned counsel appearing for the appellants argued that the Rent Controller and the Appellate Authority have passed an order of evicti...
Friday, 8 July 2022
Can the Electricity board refuse to give electric supply to the tenant if the landlord fails to issue a no-objection certificate?
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It is now well settled proposition of law that electricity is a basic amenity of which a person cannot be deprived. Electricity cannot be de...
Thursday, 7 July 2022
How to ascertain mesne profits or compensation while staying execution of eviction decree?
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Now, reverting on the issue of determination of the amount of mesne profits @ Rs.2,50,000/per month is concerned, the guidance may be take...
Saturday, 2 July 2022
Whether landlord is deemed to have waived the termination of lease if he accepts rent from tenant after expiry of period of lease?
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In view of the evidence thus obtained and taking into account the decision in Shanti Prasad Devi’s case (supra) the High Court held that ...
Sunday, 1 May 2022
Whether Judgment debtor can claim relief expressly denied to him in the suit in the execution of the decree?
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It is trite law that an executing Court cannot go behind the decree that is to be executed and give relief to the judgment debtor that was...
Sunday, 13 February 2022
Should competent authority under rent law accept an application for leave to defend if it is not on the affidavit?
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Though the learned advocate for the petitioner, at first blush, would appear to be right in placing reliance upon Section 4 of the Limitati...
Sunday, 6 February 2022
Whether civil court or rent court will have jurisdiction to try a suit if tenant is government undertaking?
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A perusal of the scheme of the Act 1976 would show that from the appointed day, right, title and interest of Burmah Shell with effect to Se...
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