Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1947 : Sections 15 and 15A Hotel and Lodging Houses Rates Control Act Bombay Rents |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Rent Control & Eviction:Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947: Sections 15 & 15A-Sub-letting-Suit premises given to R-2 by a Leave and Licence Agreement in 1970-Sub-letting to subsidiaries and affiliate concerns allowed by the Agreement-The Act amended in 1973-Subsisting licensees became tenants governed by the Act-Sub-letting made a ground of eviction-Suit for partition filed between the co-owners of the suit property in the High Court-Court Receiver took symbolic possession of the suit premises as R-2 found in occupation- R-1 came into possession in 1979 pursuant to amalgamation of R-2 into the parent company of R-1-lnduction of R-1 in the suit premises challenged before High Court in the said suit-High Court directed Receiver to adopt proceedings under the Act for appropriate declaration and relief--On appeal, Held: High Court failed to consider rival contention-High Court did not consider the effect of non-renewal of the licence agreement after its expiry-Effect of Section 15 & 15A not considered-Order of the High Court quashed-Matter remitted back.Code of Civil Procedure, 1908: Order XL Rules 1 and 3-Appointment of Court Receiver-Court Receiver acts on behalf on the Court-Duty of the Court Receiver to maintain status quo and to protect property-Receiver not to deal with the property without leave of the Court-Obligation of the Court as well as the Receiver to preserve and maintain the property as far as practicable in the same form when it was taken into possession. |
Judge | Hon'ble Mr. Justice S.P. Kurdukar |
Neutral Citation | 2000 INSC 6 |
Petitioner | Usha Harshad Kumar Dalal |
Respondent | M/s. Org Systems And Ors. |
SCR | [2000] 1 S.C.R. 57 |
Judgement Date | 2000-01-06 |
Case Number | 39 |
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