Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration - Civil suit for eviction - Suit filed on the basis of lease deed containing arbitration clause - Application u/s 8 by tenant - Held, eviction suit arising out of lease deed is maintainable before Civil Court, despite existence of arbitration clause in lease deed - Application rightly rejected...........
Delhi Rent Act, 1955, Section 3(c) -- Applicability of Act - Provisions of Act not applying to certain premises as per S.3 of the Act - But that does not mean Arbitration and Conciliation Act ipso facto will be applicable, even though lease deed contains arbitration clause - Rights of parties and demised premises will be governed by T.P. Act and civil suit will be triable..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Plea of ownership on the basis of registered sale deed - Execution and registration not controverted - However, there is plea of misrepresentation - Such defence is of no avail till sale and lease documents are declared null and void - The same cannot be declared so in the suit of..........
West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 86(1)(d) -- Agreement to sell - Applicability of provisions of Societies Act - Jurisdiction of Arbitrator to decide the dispute - Object of society is to establish cooperative basis, settlements or housing schemes and in furtherance of said object it can procure lands on purchase, hire, sell, lease or..........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Notice - Suit for possession - Once there exists landlord and tenant relationship between parties and rate of rent is above Rs.3500/- p.m in Delhi and there is no registered lease deed for tenanted premise, then, by serving notice u/s 106 of the Act suit for possession can be filed - Infact, there is no need of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of occupancy rights - Plaintiff/claimant obtained occupancy rights on basis of lease deed - Lease deed being unregistered and ante-dated found to be sham - Even otherwise, plaintiff himself admitted that he is not in possession of land and cultivation on his behalf is carried out by servant under management of..........
Constitution of India, 1950, Article 32, 142, Mines and Minerals (Development and Regulation) Act, 1957, Section 21(1), 21(5), 23C, Mineral Concession Rules, 1960, Rule 22(5) -- Iron Ore - Illegal mining - Petitioners objected to change from existing pattern of sale of iron ore in State of Karanataka - However, Monitoring Committee whom iron ore is currently being sold by..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Non-payment of enhanced rent - Failure of tenant to pay enhanced rent within six months from the date of its accrual as agreed between parties, would terminate the tenancy - Termination of tenancy, held, not illegal...........
Transfer of Property Act, 1882, Section 106 -- Lease - Notice - Co-landlords - Notice not sent by all the three landlords - Mere acceptance of rent by one of co-landlords will not make the plaintiff/landlord no, suited, as other two co-landlords were impleaded as pro forma defendants by plaintiff...........
Punjab Minor Mineral Concession Rules, 1964, Rule 47, 49 -- Appeal when allowed - Appeal against the assessement order is not maintainable - Appeal can be filed only if: (i) an order of cancellation or termination of mining lease or forefeiture of deposit thereunder is passed; and (ii) against an order refusing to permit transfer of mining lease - Neither of these..........
