Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: Rent

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…

Rent

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Sections 12, 16, 16(1)(b) and 18 – Appeal against order of allotment or release – Sub-letting the property to some other persons who were not the family members of the tenant – A perusal of the inspection report clearly established, that the original tenant was residing in the tenanted premises along with his son, brother’s son and their families. Appeal allowed.

Jun 26, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH MOHD. INAM — Appellant Vs. SANJAY KUMAR SINGHAL AND OTHERS — Respondent ( Before : Navin Sinha and B.R. Gavai, JJ. ) Civil…

Rent

COMPARATIVE HARDSHIP – LANDLORD vs TENANT :: Kerala Building (Lease and Rent Control) Act, 1965 – Section 11(8) – Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 – Section 13(2) – Eviction – Section 11(8) of the Kerala Rent Act is materially different from Section 13(2) of the Bombay Rent Act in that it does not provide for partial eviction if comparative hardship of a landlord and a tenant are to be weighed against each other.

Jun 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH ADDISSERY RAGHAVAN — Appellant Vs. CHERUVALATH KRISHNADASAN — Respondent ( Before : R.F. Nariman, Navin Sinha and B.R. Gavai, JJ. ) Civil Appeal Nos.…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw