Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tripura Buildings (Lease and Rent Control) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Sui/for eviction on grounds of bonafide requirement and default in payment of rent-Rent Control Court found tenants defaulters and directed them to handover possession of the premises to Landlord-Appeal dismissed by Civil Court holding that appeal filed without depositing arrears of rent, not maintainable-Revision petition allowed by District Court-Case remanded to Appellate Court-Challenge to-High Court held that appeal is not maintainable under Section 20 of the Act unless mandatory requirements of depositing of rent, before filing of appeal, is complied with-On appeal, matter referred to larger Bench. Held :-Per Shivaraj V. Patil, J: Depositing of arrears of rent is a condition mandatory for preferring an appeal under Section 20 of the Act-Mandatory conditions could not be relaxed-Court could stop further proceeding in case tenant fails to deposit subsequent arrears of rent-Condition could riot be diluted on the ground of hardship to tenant, more so, when he was already given an opportunity before the Rent Control Court-Appellate Authority-Jurisdiction of-Does not possess all powers of Rent Control Court-Appellate Authority could neither relax condition nor it could pass an effective order staying further proceeding-Legislative intention-If plain grammatical interpretation of the provisions in a Statute gives rise to absurdity/inconsistency, Court could disregard such interpretation and adopt the interpretation which would give effect to the purpose of legislature-Since provisions as to mandatory requirement of deposit of arrears of rent before preferring an appeal are clear and unambiguous, no further interpretation required to determine intention of the legislature-Interpretation of Statutes.Held:-Per Dharmadhikari, J: Appellate Authority has been conferred with all powers of Rent Control Court-Admitted arrears of rent/recurring rent accrued/accumulated during eviction proceedings before preferring an appeal are required to be determined in accordance with the provisions of law on fixation of time/manner of deposit-Period of limitation for preferring an appeal not to be construed as period of deposit of arrears of rent as precondition for preferring an appeal-Legislature-Presumption-Assuming that provisions under sub Section (4)a/Section 20 does not confer on the Appellate Authority full power of Rent Control Court-Provisions under sub-section (4) of Section 20 would be rendered otiose making the legislature redundant-Such construction must be avoided-Hence, a tenant may file an appeal within the prescribed period, provided he seeks an order from the Appellate Authority in accordance with Section 13(2) and make deposit of arrears of rent/future rent as determined by the Authority-Interpretation of Statutes. Words and Phrases: 'no', 'unless', 'prefer', 'all arrears of rent admitted by the tenant to be due '-Meaning of in the context of Tripura Rent Control Legislation. |
Judge | Hon'ble Mr. Justice Shivaraj V Patil |
Neutral Citation | 2004 INSC 139 |
Petitioner | Manik Lal Majumdar And Ors |
Respondent | Gouranga Chandra Dey And Ors. |
SCR | [2004] 2 S.C.R. 742 |
Judgement Date | 2004-02-26 |
Case Number | 7253 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |