Court : Karnataka
Decided on : Feb-19-1991
Reported in : ILR1991KAR1256
..... supreme court was considering the case of a tenant, who inducted a sub-tenant with written permission of the landlord under the provisions of the east punjab urban rent restriction act, 1949. no doubt under section 13 of that act, a tenant could be evicted only if he had sublet the entire building or any portion thereof without the written consent of the landlord ..... be noticed that so far as this case goes, it only holds that notwithstanding the expiry of the lease, the lessee may seek protection of the rent act. this did not amount to an extension of the lease, which came to an end by efflux of time, the property after expiry of the lease became the property of the trust as agreed ..... been given notice to quit, they were bound to vacate the demised premises unless they were protected by the provisions of the bombay rents, hotel and lodging house rates control act, 1947. the court found that the respondents were entitled to continue in possession as tenants of the land within the meaning of the bombay ..... is apparent from a bare perusal of section 3(r) of the act. a sub-tenant therefore is not entitled to the protection which the act extends to the tenants. the fact that the landlord authorised the tenant to induct sub-tenants has only this limited effect that the tenant cannot be evicted on the ground of unlawful subletting. that however will not .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-22-1991
Reported in : ILR1991KAR4307; 1991(4)KarLJ51
..... ) of the bombay rents, hotel and lodging house rates control act, 1947 (hereinafter referred to as 'the bombay act') for recovery of possession of the premises let out to a tenant. no doubt the supreme court held that the provisions contained in article 67 of the limitation act were attracted to a proceeding under sections 13(1) and 12 ..... the tenant for an extension of fourteen years with a break at seven years'. the precise wording of the clause is, i think, important and it is to be noticed that the ..... continuing his tenancy. the plain meaning of 'continuing' is 'carrying on' for 'continuing', the clause reads 'the tenant has the choice of carrying on for an extension of fourteen years with a break at seven years'; or reading 'not ceasing to be', the clause reads, 'the tenant has the choice of not ceasing to be ..... is difficult to see how an option to continue can be exercised except by continuing. the usual term in a lease with regard to an option for an extension of time contains some such word as 'renew', which imports 'making afresh'. there is no such word in this lease. further, an option to extend ..... as the tenant' and the petitioner in c.r.p.no. 1354/1987 will be referred to as the 'sub-tenant'. 3. the schedule premises are extension plot nos.9 and 10 of jamkhandi in bijapur district. they are vacant lands now numbered as c.t.s.no. 5326. 4. the schedule premises were .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-24-1991
Reported in : ILR1991KAR3731; 1992(1)KarLJ255
..... worked for 240 days. under such circumstances, there is no scope for applying section 25-f of the industrial disputes act, 1947, at all. therefore, section 2(oo) of the i.d. act relating to retrenchment cannot arise. concerning this the first respondent has not properly appreciated the evidence placed before it viz ..... employee must be ill and must also receive sickness benefit, would make the section wholly unworkable. that is why we do not think that they limitation which mr. sastri seeks to introduce by suggesting that sickness benefit must be paid during the course of illness itself, can be read into ..... originally granted to him was to expire. the said application was accompanied by a medical certificate stating that the employee was suffering from jaundice. that application for extension of leave was for 20 days.' in desikachari v. the mail, (1961-ii-llj-771) the madras high court, dealing with voluntary retirement, held thus ..... remain in service, merely wants better service conditions or fight for more benefits. to equate, therefor, strike with voluntary abandonment is wrong. reliance placed on punjab l.d. & r.c. ltd's case (supra) is out of context. as seen from paragraph 83, even a case of disciplinary enquiry ..... propounded by lord asquith which met with approval at the hands of the supreme court is to be applied. the said dictum of lord asquith in east end dwellings co. ltd. finsbury borough council, 1952 ac 109, is as follows :- 'if you are bidden to treat an imaginary state of .....Tag this Judgment!