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Results of west bengal premises tenancy act

Showing : 1-10 of 20 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Eviction - Non-deposit of arrears of rent - Protection against eviction - Deposit of rent along with an application for determination of dispute is a pre-condition to avoid eviction on ground of no, payment of arrears of rent, as provisions of S.7(2) of the Act are mandatory and..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Rent and eviction -- Default in payment of municipal tax - Municipal taxes were included in monthly rent payable under tenancy agreement - Even amendment of 2001 to West Bengal Premises Tenancy Act cast obligation on tenant to pay municipal taxes - Tenant nowhere denied his liability to pay his share of municipal tax - Default on the part of tenant is clear and evident -..........

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)..........

CALCUTTA HIGH COURT

Year of decision: 2016
Details

West Bengal Premises Tenancy act, 1956, Section 17(2), 17(3), Constitution of India, 1950, Article 227 -- Rent and eviction - Recovery of possession - While disposing application u/s 17(2) of the Act, Court shall be careful to find out whether relationship of landlord and tenant exists between parties or not - However, in the instant case, trial Court ignored this main..........

CALCUTTA HIGH COURT

Year of decision: 2016
Details

West Bengal Premises Tenancy Act, 1997, Section 7 -- Rent and eviction - Arrears of rent - Delay in deposit of rent - Non-compliance of direction issued by Court - A right accrues to the opposite party to get defence of defendant struck out against delivery of possession by operation of law...........

CALCUTTA HIGH COURT

Year of decision: 2015
Details

West Bengal Premises Tenancy Act, 1997, Section 44 -- Rent & Eviction - Urgency of repair work - Civil Court's jurisdiction is not ousted when application for appointment of Local Inspection Commissioner is prayed for to ascertain the urgency of repair work - If such urgency is seen from the Commissioner's report in that case by exercising power conferred u/s 151 CPC,..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

West Bengal Premises Tenancy act, 1956, Section 13(4) -- Eviction - Reasonable personal requirement - Partial eviction - Duty of Court - Held, provision contained in the Act of 1956 mandates Court to consider whether partial eviction as contemplated therein should be ordered or entire building should be directed to be vacated - However, while deciding issue of reasonable..........

CALCUTTA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 115A, West Bengal Premises Tenancy Act, 1997, Section 17 - - Eviction suit - Order for payment of arrears of rent - Revision - "Other proceeding" - Held, an application under the provisions of S.17 of the West Bengal Premises Tenancy Act cannot be said a proceeding which is independent and distinct in its existence from the suit itself -..........

CALCUTTA HIGH COURT

Year of decision: 2012
Details

West Bengal Premises Tenancy Act, 1997, Section 17 - - Eviction suit - Order for payment of arrears of rent - Revision - Revisional Court had upset such well reasoned finding of trial Court on a perverse reasoning that the onus was on landlord to show that rent receipts were issued to tenant upon payment of rent - Held, onus is on tenant to produce the rent receipts to..........

CALCUTTA HIGH COURT

Year of decision: 2011
Details

West Bengal Premises Tenancy act, 1956, Section 13(4) -..........

Showing : 1-10 of 20 Results