Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Lease agreement - Arbitration clause - Lease agreement expired by efflux of time - Arbitration Clause in lease agreement does not cover the said dispute - Application for referring dispute to Arbitration, held, not maintainable...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Grant of - Plaintiff holds the lease in perpetuity for the property in dispute - Lease was not cancelled - Held, plaintiff is entitled to permanent injunction...........
Transfer of Property Act, 1882, Section 105, 108 -- Lease - Contract of lease is governed by terms of lease deed which is subject to terms of S.108 TPA...........
Transfer of Property Act, 1882, Section 105, 108 -- Lease - Landlord to maintain premises in tenantable conditions and to get the premises repaired when necessary - Tenant is required to vacate the premises at the end of period of lease and to pay rent regularly during the tenancy period and to keep the premises in good condition subject only to changes caused by..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 31(e) -- Applicability of Act to a Lease - Held, a lease will not come under the purview of the Act, but, if a security interest has been created on a lease by deposit of title deeds etc., then the Act becomes applicable on such lease - In the present case, the..........
Stamp Act, 1899, Section 2(16) -- Stamp duty - Lease or licence - Duty is payable on the instrument and not on the transaction - The document itself as it stands is to be looked into and not by evidence or collateral circumstances are to be seen - Another rule for determining the stamp duty is the substance of the transaction as disclosed by the whole of the instrument and..........
Stamp Act, 1899, Section 2(16) -Schedule 1-B, Article 35(a)(VI) - Stamp duty - Lease - Clause in deed pertaining to renewal renders the lease to be a lease for an indefinite period and as such the petitioner is liable to pay stamp duty meant for indefinite period...........
Mines and Minerals (Development and Regulation) Act, 1957, Section 13, 15, Jharkhand Minor Mineral Concession Rules, 1960, Rule 27(2)(d), Jharkhand Minor Mineral Concession Rules, 2004, Rule 29(1) -- Power of State - To charge surface rent for major mineral lease - Extent - Central government has power to make rules in respect of major minerals - Power of State Government..........
Stamp Act, 1899, Section 156, 165, Article 35, 63 - - Levying of stamp duty - Lease of land - Petitioner has paid the stamp duty as provided under Article 35 of Schedule I-B of the Stamp Act - There is specific provision under Article 63 of the Stamps Act that lessee can also transfer lease rights to any other person if there is a condition in the lease deed for transfer..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, Specific Relief Act, 1963, Section 20 -- Suit for specific performance of memorandum of understanding - Territorial jurisdiction - No relief for declaration of title to property or for possession of property claimed - Suit for specific performance simpliciter and not suit for land - Held, suit is triable by Calcutta..........
