Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Category: Rent

Rent

“Court-Approved Agreement Reached in Eviction Case Involving Religious Endowment Property” Hindu Religious and Charitable Endowments Act, 1959 – Section 78 – Order of Ejectment – The tenants were declared as encroachers under the Hindu Religious and Charitable Endowments Act, 1959, and the High Court ordered them to vacate the premises – The tenants challenged the order in the before this Court – Amicable Resolution

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. BALASUBRAMANI ETC. — Appellant Vs. THE TAMIL NADU GOVERNMENT REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT AND OTHERS ETC. — Respondent (…

Rent

Delhi Rent Control Act, 1995 – Ejectment – Landlords and the tenant of a bungalow in Delhi – Dispute is about the ejectment of the tenant from the demised premises – The High Court of Delhi remanded the matter to the Rent Controller for adjudication under the Delhi Rent Control Act, 1995 – The tenant is occupying the demised premises at a monthly rental of Rs.3,328/- since 1972 – Settlement Terms

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SWAMI GOVERDHAN RANGACHARIJI AND OTHERS — Appellant Vs. M/S. A.J. PRINTERS — Respondent ( Before : J.K. Maheshwari and Sanjay Karol, JJ. ) Petition…

Rent

Maharashtra Rent Control Act 1999 – Section 16(1)(i) – When landlord may recover possession – The Bombay High Court, in a judgment dated 4th August 2015, set aside the eviction decrees passed against the tenants in two separate suits filed by the landlords – this Court set aside the eviction decrees and remanded the cases back to the trial court for fresh consideration

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BAITULLA ISMAIL SHAIKH AND ANOTHER — Appellant Vs. KHATIJA ISMAIL PANHALKAR AND OTHERS — Respondent ( Before : Aniruddha Bose and Bela M. Trivedi,…

Rent Transfer Of Property Act

Transfer of Property Act, 1882 – Section 106 – Declaration of title – Permanent injunction – Quit notice – Validity of – Tamil Nadu City Tenants Protection Act, 1921 – After purchase of second schedule property from original owner, defendant rightly issued quit notice under Section 106 of Act 1882 to plaintiff

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHIDEEN ABDUL KHADAR (DEAD)THROUGH LRS. — Appellant Vs. RAHMATH BEEVI (D) THR. HER LRS. AND OTHER — Respondent ( Before : Aniruddha Bose and…

Limitation Rent

Limitation Act, 1963 – Section 5 – West Bengal Premises Tenancy Act, 1997 – Sections 7(1) and 7(2) – Non-payment of arrears of rent – Extension of time – While the Limitation Act may be generally applicable to the proceedings under the Tenancy Act, the restricted proviso under Section 7 of the said Act, providing a time period beyond which no extension can be granted, has to be applicable.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEBASISH PAUL AND ANOTHER — Appellant Vs. AMAL BORAL — Respondent ( Before : Sanjay Kishan Kaul and Sudhanshu Dhulia, JJ. ) Civil Appeal…

Rent

Rajasthan Premises (Control of Rent and Eviction) Act, 1950 itself has been abrogated in the year 2001, with a new statute coming into force, i.e. The Rajasthan Rent Control Act, 2001, which does not create any similar bar – Decree of eviction favour of the appellant-landlord – Appeal allowed.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAVI KHANDELWAL — Appellant Vs. M/S. TALUKA STORES — Respondent ( Before : Sanjay Kishan Kaul and Ahsanuddin Amanullah, JJ. ) Civil Appeal No.…

Rent

Delhi Rent Control Act, 1958 – Sections 14(1)(e) and 25-B(8) – Eviction on the ground of bona fide requirement – appellant-landlord is said to have acquired title to the property in question on being transferred by her brother-in-law; and has sought eviction of the respective tenants from suit premises on the ground that the premises were required bona fide by her for use and occupation of herself and the other members of her joint family – Order passed by the Rent Controller restored.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUSUM LATA SHARMA — Appellant Vs. ARVIND SINGH — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. ) Civil Appeal No.3111 of…

Rent

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Section 30 -if landlord serves notice of demand against the higher rate and expresses his willingness to accept the rent, the tenant after receipt of notice is under an obligation to tender the rent at least at the rate admitted to him to the landlord and has got no right to straight away deposit the same under Section 30(1) of the Act.

Apr 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAN SINGH — Appellant Vs. SHAMIM AHMAD (DEAD) THR. LRS. — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia, JJ. ) Civil Appeal…

Rent

Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 – Section 13(1)(e) and 15(1) – Unless the contract itself permits subletting, it shall not be lawful, after coming into operation of the Act of 1947, for a tenant to sublet the premises let out to him or to assign or transfer in any manner his interest therein with an exception the State Government may permit so by gazette notification.

Mar 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YUVRAJ @ MUNNA PRALHAD JAGDALE AND OTHERS — Appellant Vs. JANARDAN SUBAJIRAO WIDE — Respondent ( Before : Sudhanshu Dhulia and Sanjay Kumar, JJ.…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw