Rent Archives | SCC Times

Investigation should not be thwarted by quashing FIR alleging dishonest conduct of an accused: Supreme Court

The Court also reiterated that FIR is not an encyclopedia of all imputations. Therefore, to test whether an FIR discloses commission of a cognizable offence, what is to be looked at is not any omission in the accusations, but the gravamen of the accusations contained therein to find out whether, prima facie, some cognizable offence has been committed or not.

Cases Reported Never Reported Judgments

Never Reported Judgment | Mere deposit of monthly rent by mortgagee not sufficient to establish landlord-tenant relationship between tenant’s mortgagee and landlord of leased property [(1953) 1 SCC 603]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on landlord-tenant relationship.

Case Briefs High Courts

Large scale exploitation of political power by politicians, especially in land grabbing matters: Madras HC asks landlord to file a memo of calculation of arrears

“Politicians play an influential role in the life of a common man. The words and actions of a politician has an impact on his followers, party men and public at large. It is imperative that this power is not to be misused for illegal and personal gains”

Case Briefs District Court

Landlord cannot refuse to take over possession of suit property upon determination of lease on pretext of damage to the property; Patiala House Court reiterates

The landlord was offered the possession of the suit property which was refused by him on the pretext of damage to the suit property, whereas no evidence has been adduced by him about damage to the suit property except his bald statements.

Case Briefs High Courts

Can Judicial officers take recourse to judicial proceedings for arrears of rent? ; Allahabad High Court answers

Allahabad High Court clarified that the decision rendered in Divakar Dwivedi case must apply to all the Judicial Officers, irrespective of the fact that they had not filed writ petitions.

Case Briefs High Courts

Law does not allow husband to take wife’s articles without her consent and knowledge: Delhi High Court dismisses pre-arrest bail application

The Delhi High Court held that the law did not permit even the husband to take household articles including the jewellery without the consent and knowledge of his wife.

Case Briefs High Courts

Chhattisgarh High Court| Provisions of the Chhattisgarh Accommodation Control Act, 2011 would also be applicable upon the property taken on rent or lease, even if it is open land

Chhattisgarh High Court: In a writ petition filed under Article 227 of the Constitution of India, after being aggrieved by the order

Case Briefs Supreme Court

CPC Order XV Rule 5| Mere denial of landlord-tenant relationship doesn’t grant tenant a holiday from duty to pay rent/damages: SC

Supreme Court: The Division Bench of Dinesh Maheshwari* and Aniruddha Bose, JJ., held that in cases disclosing deliberate defiance and elective non-performance

Case Briefs High Courts

Delhi High Court upholds Trial Court ruling in application filed under O. XIII A CPC for default in payment of rent by tenant due to COVID

Delhi High Court: In a case where the Trial Court directed the tenants ‘appellants herein' to pay the defaults in

Case Briefs High Courts

J&K and Ladakh HC| Government accommodations are meant for serving officers and not retirees; Union of India v. Omkar Nath Dhar, (2022) 1 SCC 40, reiterated

Jammu & Kashmir and Ladakh High Court: While deciding the instant petition filed by 3 retired State Bank of India employees, who

Akaant Mittal Experts Corner

Lease and Rent as an Operational Debt

by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 38

Case Briefs High Courts

Cal HC | Parties to agreement of sale consciously changing their relationship cannot seek relief on the basis of previously established relationship

Calcutta High Court: The Division Bench of Soumen Sen and Ajoy Kumar Mukherjee, JJ., dismissed an appeal concerned with a breach of

Case Briefs Supreme Court

“In a taxing statute, it is the plain language of the provision that has to be preferred”. APMCs liable to pay service tax under the category of ‘renting of immovable property service’: SC

Supreme Court: In the instant appeals, the Market Committees located in Rajasthan raised their grievance over the decision of CESTAT that respective

Case Briefs High Courts

Eviction of tenant, serving of notice by modes laid under S. 106 of Transfer of Property Act: Bom HC discusses all [Detailed report]

Bombay High Court: A.S. Gadkari, J., while addressing a matter of the eviction of a tenant focused on the modes of serving

Case Briefs High Courts

Whether a Chief Minister’s promise to its citizens is enforceable? Succinct report in light of Delhi CM’s ‘Promise’ | Highlight on Doctrines of Promissory Estoppel & Legitimate Expectations

Delhi High Court: Prathiba M. Singh, J., while quoting that ‘Promises are meant to be broken’ stated that the law has evolved

Case Briefs High Courts

Delhi HC issues notice in a plea raising important issues concerning payment of rent by Cinema Halls during lockdown, doctrine of incorporation of arbitration clause, recourse in absence of force majeure clause

Delhi High Court: Sanjeev Narula, J., issued notice to the respondent in a petition filed under Section 9 [interim measures, etc. by

Legislation Updates Statutes/Bills/Ordinances

Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021: Establishment of Rent Authority and Tribunals [Read Ordinance]

Governor of Uttar Pradesh promulgates the Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021 Purpose of the Ordinance: To establish Rent