Supreme Court of India Judgements

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

Category: Rent

Rent

Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 – Section 21(1)(a) – Release of Shop – Mere receipt of notice having been sent under certificate of posting, in itself, may not be sufficient proof of service, but if the same is coupled with other facts and circumstances which go to show that the party had notice, the same could be held to be sufficient service on the party.

Apr 26, 2020 sclaw

    SUPREME COURT OF INDIA DIVISION BENCH MOHD. ASIF NASEER — Appellant Vs. WEST WATCH COMPANY THROUGH ITS PROPRIETOR — Respondent ( Before : R. Banumathi and Vineet Saran,…

Rent

Landlord and Tenant — Eviction — Denial of relationship — Original owner inducted tenant — Owner made family settlement in favour of his son with regard to demised premises, thus son of landlord acquired title — Such confernment/settlement to title cannot be questioned by tenant — Eviction petition by son of original landlord on  his  personal necessity upheld.

Apr 2, 2020 sclaw

2020(1) Indian Civil Cases 761 (S.C.) SUPREME  COURT  OF INDIA Before :– R. BANUMATHI, A.S. BOPANNA & HRISHIKESH ROY, JJ. Civil Appeal No. 6572 of 2010 / Decided on 15/11/2019…

Rent

Section 9 of the Madras City Tenants’ Protection Act, 1921 HELD ‘actual physical possession of land and building’ would mean and require the tenant to be in actual physical possession. The provisions would not be applicable if the tenant is not in actual physical possession and has given the premises on lease or licence basis to a third party.

Jan 28, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH BHARAT PETROLEUM CORPORATION LIMITED — Appellant Vs. R. CHANDRAMOULEESWARAN AND OTHERS — Respondent ( Before : N.V. Ramana, Sanjiv Khanna and Krishna Murari, JJ.…

Rent

Kerala Buildings (Lease and Rent Control), Act, 1965 – Sections 11(2), 11(3) and 11(4)(i) and 11(4)(ii) – Eviction – Sub-letting – A bare reading of sub-para (i) of sub-section (4) of Section 11 of the said Act leaves no manner of doubt that the cause arises upon the tenant transferring his rights under a lease and sub-lets the entire building “or any portion thereof”, if the lease does not confer on him any right to do so. Thus, sub-letting of any part of the tenanted premises gives right to eviction from the whole premises

Jan 13, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. LUBNA AND OTHERS — Appellant Vs. BEEVI AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Civil…

Rent

Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 – Sections 10(2)(i), 10(2)(ii)(a)(b) and 10(2)(iii) – Eviction – Subletting – There is no genuine partnership between respondent no.1 and respondent no.2 – Respondent no.1 has come out with a case of partnership only to get out from the allegation of subletting – The exclusive possession of the suit premises is with respondent no.2. Respondent

Jan 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A.MAHALAKSHMI — Appellant Vs. BALA VENKATRAM (D) THROUGH LR AND ANOTHER — Respondent ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Civil…

Rent

Landlord’s Derivative Title Has To Be Established When It Is Challenged By Tenant: SC  HELD the landlord is not required to prove his title in the subject property as in a title-suit, but when his/her derivative title is challenged, the same has to be established in some form.

Dec 23, 2019 sclaw

Landlord’s Derivative Title Has To Be Established When It Is Challenged By Tenant: SC   LIVELAW NEWS NETWORK 21 Dec 2019 2:14 PM “When the landlord’s derivative title is challenged, the…

Rent

East Punjab Urban Rent Restriction Act, 1949 – Sections 13-B and 18-A – Constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 – Right of Non-Resident Indians to initiate eviction under the summary procedure provided in Section 18-A of the Rent Act is not an unfettered and absolute right – Held such amendment, Constitutional

Nov 17, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH RAM KRISHAN GROVER AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ranjan Gogoi, CJI, L. Nageswara Rao…

Rent

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Sections 20(4) and 21(1)(a) – Transfer of Property Act, 1882 – Sections 8 and 109 – Release of property – Bonafide occupation – when the appellant has established that he is the owner of the property and the same is required for his bonafide occupation, the release of the premises in any event, is required to be made.

Nov 17, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH SANTOSH CHATURVEDI — Appellant Vs. KAILASH CHANDRA AND ANOTHER — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. ) Civil…

You missed

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