Supreme Court: Award Valid Even If Passed After Mandate Expiry When Court Extends Time  ||  Jharkhand HC: Regular Bail Plea During Interim Bail is Not Maintainable under Section 483 BNSS  ||  Cal HC: Theft Claims and Public Humiliation Alone Don’t Amount To Abetment of Suicide U/S 306 IPC  ||  Delhi High Court: Elective Surgery Does Not Bar Grant of Interim Bail on Medical Grounds  ||  Delhi HC: Consensual Romance With Minor Nearing 18 May be Considered For Bail in POCSO Case  ||  Delhi HC: Not Named In FIR Doesn’t Matter If Financial Links Show Active Role in NDPS Offence  ||  Chhattisgarh HC: Rape is an Affront to Womanhood and a Brutal Violation of The Right To Life  ||  Supreme Court: Single Insolvency Petition Maintainable Against Linked Corporate Entities  ||  Supreme Court: Disputes are Not Arbitrable When the Arbitration Agreement is Alleged to be Forged  ||  Supreme Court: Temple Trust Does Not Qualify as an ‘Industry’ under the Industrial Disputes Act    

Momtaz Begum v. Madan Hait - (High Court of Calcutta) (19 Aug 2015)

Civil Courts in West Bengal have authority to entertain tenant's application for repair of premises

MANU/WB/0682/2015

Tenancy

The West Bengal Premises Tenancy Act, 1997 does not exclude jurisdiction of the Civil Court in an application to facilitate urgent repair work. A civil suit for declaration of tenancy rights was filed by the tenant, with an application for repair of the premises filed subsequently. The landlord contended that the Civil Court did not have jurisdiction, which rested with the rent controller, to commission a local investigation of the premises. On an harmonious interpretation of the Act, 1997, the Court held that the law did not ascribe to a 'multiplicity of proceedings', and the Civil Court's jurisdiction in such matters was not excluded.

Relevant : Raja Ram Kumar Bhargava (Dead) by Lrs. vs. Union of India (UOI) MANU/SC/0370/1987 Suman Ghosh vs. Ramlal Choudhury MANU/WB/0281/2004 Lala Ram Swarup and Ors. vs. Shikar Chand and Anr. MANU/SC/0338/1965

Tags : TENANCY   CIVIL COURT   JURISDICTION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved