NCLAT: Consideration of Debt Restructuring by Lenders Doesn’t Bar Member from Initiating Proceedings  ||  Delhi High Court: In Matters of Medical Evaluation, Courts Should Exercise Restraint  ||  Delhi HC: Any Person in India Has Right to Legally Import Goods from Abroad and Sell the Same  ||  Delhi HC: Waiver to Section 12(5) of Arbitration Act to be Given Once Tribunal is Constituted  ||  Supreme Court Has Asked States to Regularise Existing Court Managers  ||  SC: Union & States to Create Special POSCO Courts on Top Priority  ||  SC Upholds Authority of CERC to Award Compensation for Delays  ||  SC: Arbitral Tribunal Has Discretion to Include in Sum Awarded, Interest at Rate as it Deems Reasonab  ||  SC: Cannot Use Article 142 to Frame Guidelines on Judicial Recusal  ||  SC: Satisfaction Recorder in One EP Won’t Affect Subsequent EPs for Future Breaches    

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 2025 - All Rights Reserved