Showing : 51-60 of 1118 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and eviction-- Default in payment of rent - Evidence on record shows that tenancy was monthly tenancy and there was default in payment of rent for more than 6 months - Notice was sent to tenant for arrears of rent - Tenant neither sent reply to said notice nor disputed the standard rent - Tenant deposited the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and eviction-- Death of original tenant - Nothing on record that Defendant/heirs of tenant were doing business with his father at any point of time - Defendants were carrying on their business separately - Defendants/heirs held, not entitled to continue tenancy after death of original tenant. (Bombay Rents,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Himachal Pradesh Tenancy and Land Reforms Act, 1972-- Withdrawal of suit as plaintiff desired to proceed under the Act of 1973 - Bar U.O.23.R.1 applies only to a fresh suit and not to proceedings under the Act of 1973 - Proceedings in a suit are essentially different from the proceedings under the Act of 1973 - Withdrawal of suit is no bar to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and eviction-- Arrears of rent - Whenever arrears of rent is allowed to be paid in instalments, beneficiary shall be granted interest - This is irrespective of the justification or explanation, if any, available for the non payment. (West Bengal Premises Tenancy Act, 1956, S.17(2-A)..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 3, 43, United Provinces (Temporary) Control of Rent and Eviction Act, 1947, Section 2, General Clauses Act, 1897, Section 24- - Rent and eviction - Notification issued extending provision of earlier enactment to area where suit is filed - Maintainability - In the instant case, earlier enactment repealed and replaced by new Act - Even, nothing is inconsistent in notification with re-enacted provision of new Act - Hence,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Constitution of India, 1950, Article 226-- Legislation - Direction to amend an Act - Cannot be issued - Power to enact legislature is a plenary constitutional power, which is vested in parliament and State legislatures - But judicial review cannot encroach upon basic constitutional function which is entrusted to legislature to determine..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Succession Act, 1956, Section 15-- Tenancy - Devolution of tenancy - Hindu Female - Devolution of tenancy is to be determined u/s 15 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 3(a)-- Eviction - Devolution of tenancy - Suit property taken on rent by father-i, law and after his death his son (husband) became tenant and after his death wife became tenant - In absence of any son or daughter tenancy would devolve upon heirs of husband - Her brother does not fall under category of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Bombay Tenancy and Agricultural Land Act, 1948, Section 70(B)-- Protracted tenant - Declaration of status - Petitioners claimed to be tenants in respect of individual plots - However, gut numbers mis-matched with survey numbers provided by petitioners in respect of plots claimed by them - More so, several rounds of enquiries already undertaken and petitioners..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 116-- Derivative title of an Assignee/Vendee - Tenant is estopped from challenging title of landlord during continuation of tenancy - However, tenant/lessee is entitled to challenge the derivative title of an Assignee/vendee of original landlord in an eviction brought by assignee/vendee against tenant..........

Showing : 51-60 of 1118 Results