Supreme Court of India Judgements

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Category: Rent

Rent

Rajasthan Rent Control Act, 2001- Transfer of Property Act, 1882 – Section 106 A decree passed by the civil court is valid and executable which is not interdicted by the applicability of the Act to the area in question. The Act is applicable to the area in question from the date the notification came into force and it does not bar the decree of the civil court or the pendency of such civil suit.

Apr 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHANKARLAL NADANI — Appellant Vs. SOHANLAL JAIN — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal No. 2816 of…

Rent

Delhi Rent Control Act, 1958 – Section 25B(8) – HELD the mere existence of the other properties which are, in fact, denied by the appellant would not enure to the benefit of the respondent in the absence of any pleadings and supporting material before the learned Rent Controller to the effect that they are reasonably suitable for accommodation. embargo under the Enemy Property Act would not be made applicable to the properties in question.

Apr 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABID-UL-ISLAM — Appellant Vs. INDER SAIN DUA — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Civil Appeal No. 9444…

Rent

Held the tenant is liable to pay mesne profits or compensation for use and occupation of the premises at the same rate at which the landlord would have been able to let out the premises and earn rent if the tenant would have vacated the premises. The landlord is not bound by the contractual rate of rent effective for the period preceding the date of the decree. The doctrine of merger does not have the effect of postponing the date of termination of tenancy merely because the decree of eviction stands merged in the decree passed by the superior forum at a latter date. (2005) 1 SCC 705 reiterated .

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HEERA TRADERS — Appellant Vs. KAMLA JAIN — Respondent ( Before : K.M Joseph and Pamidighantam Sri Narasimha, JJ. ) Civil Appeal No(s). 5996-5997…

Rent

Haryana (Control of Rent & Eviction) Act, 1973 – Sections 5(1), 7(2), 7(3) and 11 – Suit for possession – Expiry of lease term – Statutory tenant – Jurisdiction of Civil Court – Section 11 of the Act has an overriding effect to the provisions of other laws. That being so, the jurisdiction indeed of a civil Court is impliedly barred from the field covered specifically by the provisions of the Act 1973 and that being the complete code determining the rights of a tenant/landlord to the exclusion of the other laws –

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUBHASH CHANDER AND OTHERS — Appellant Vs. M/S BHARAT PETROLEUM CORPORATION LIMITED. (BPCL) AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay…

Rent

Chennai City Tenants Protection Act, 1921 – Section 2(4)(ii)(b) – Tamil Nadu City Tenants Protection Act, 1972 – Section 9 – Rent and eviction – While interpreting the expression “actual physical possession of land and building” would mean and require the tenant to be in actual physical possession – Rent and eviction – While interpreting the expression “actual physical possession of land and building” would mean and require the tenant to be in actual physical possession

Nov 13, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL COMPANY, REPRESENTED BY ITS MANAGING PARTNER — Appellant Vs. THE TERRITORY MANAGER, BHARAT PETROLEUM CORPORATION LIMITED AND ANOTHER — Respondent ( Before :…

Rent

High Court in its revisional jurisdiction after taking into consideration the material on record, arrived to the conclusion that the delay of 175 days was bona fide and has been satisfactorily explained and allowed the application seeking condonation of delay of 175 days. In sequel thereof, the ex-parte decree was set aside and the matter was remitted back to the Rent Controller to hear the parties on merits.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MRS. AMBIKA MURALI — Appellant Vs. TMT. VALLIAMMAL AND ANOTHER AND ETC. — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Rent

Rented land – Use of land as club for a pavilion is in interest of section of public – Eviction petition – Maintainability – – Therefore, use of land as club for a pavilion is in interest of section of the public – Thus, land let out to a club which for the purpose of construction and use of pavilion falls within the scope of Section 2(f) of the Act and thus eviction petition is maintainable under the Act – Appeal allowed.

Aug 22, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJINDER KUMAR BANSAL AND OTHERS — Appellant Vs. MUNICIPAL COMMITTEE AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. )…

Rent

Property Tax–Sub-lessee whether liable to pay property tax–Deed placed number of restrictions on the sub-lessee which prevented the sub lessee from full enjoyment of the leasehold rights–As the deed did not operate as a conveyance and the industrial plot was let out to sub-lessee the primary liability to pay property tax cannot be fastened on sub-lessee.

Jul 5, 2020 sclaw

Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice B. Sudershan Reddy Civil Appeal Nos.6802-6806 Of 2003 Municipal Corporation of Delhi v. Shashnak Steel Industries (P) Ltd {Decided…

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Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw
Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw
Tenders & Contracts

Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3)

Dec 19, 2025 sclaw