A.Sinha & Associates, Advocates

Whether a tenant is entitled to enjoy car parking facility in a cooperative society, if provided for in the tenancy agreement?   Yes – Recently adjudicated by the Maharashtra State Co-Op Appellate Court in A.O.No 31/2020 in the matter of Brig. Shivender S. Kadan - vs - New Miramar Co-operative Housing Society Ltd.   Appeal arising out order passed on 05/11/2020 by the Ld Judge, Co-operative Court No.I, Mumbai in Dispute No.123/20201, against the Owner Brig. Kadan wherein the tenant was disallowed to use the car parking facility in the cooperative premises.   FACTS   The petitioner/Appellant/Owner is a member and owner of flat No.12-B3 in the society. He purchased the said flat in 2006. Society has allotted him open to sky car parking in the society.  Since 2006 till 2014 the said flat was let out on leave and license basis and the licensee of the said flat was being used/enjoyed car parking space allotted to the Owner. In 2014, the said flat was occ...

A revision petition (under Section 25(B)(8) of the Delhi Rent Control Act, 1958) was filed by the legal heirs of one Late Mohd. Sharif before the Delhi Court challenging the judgment passed by the  Additional Rent Controller-I, Central District, Tis Hazari Courts  whereby the eviction petition filed by one Sh. Miraj Ahmed was allowed. The Delhi High Court (in the said matter of R.C.REV.428/18) by its Order dated 4th June 2021 concluded that  if the Rent Controller finds that the landlord is in bona fide need of the premises it would not be appropriate for this Court to re-appreciate the evidence and reverse the finding. The said eviction petition was filed by Sh. Miraj Ahmad on 15.9.1988 contending to the effect that he was the owner and landlord of the tenanted premises which had been purchased by him in the year 1965. It had been the contention of the petitioner of the eviction petition that he had a large joint family comprising of 18 persons and that he himself h...

Purpose of the Model Act  A background note on the draft Model Act, 2020 had highlighted some issues the Model Act would address.  These include: (i) balancing interests and rights of the landlord and tenant, (ii) creating adequate and affordable rental housing stock, (iii) enabling formalisation of the rental housing market, (iv) encouraging private participation in the sector, and (v) unlocking vacant premises for rental purposes.  It may be argued that the Model Act will not adequately address all these issues.  On the other hand, the Model Act goes into minute details of what a rental agreement must include, which may not be necessary in a law.     Key Features  Conditions for tenancy, eviction, and sub-letting Tenancy agreement :   The Model Act states that to rent any premises, a written agreement must be signed between the landlord and the tenant.  The agreement must specify: (i) the rent payable, (ii) the time period for the...

Section 100 of the Civil Procedure Code (CPC) which provides for a Second Appeal, as amended by the Civil Procedure Code (Amendment) Act, 104 of 1976, with effect from 01.02.1977 The principle of " Substantial Question of Law " assumes greater importance due to the fact that only such questions of law are appealable in a Second Appeal and if strictly implemented the same may result in mitigating litigation thereby resulting in speedy and efficacious legal remedy. Code of Civil Procedure, 1908 - “ 100. Second Appea l. -  (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law .  (2) An appeal may lie under this section from an appellate decree passed ex parte.  (3) In an appeal under this section, the memorandum of ap...

The RBI in its latest circular dated 31.05.2021 has stated that the reference to an earlier circular whereby it had intimated banks/financial institutions to caution their respective customers from dealing in virtual currencies is not valid in the light of the Order of the Supreme Court in  Writ Petition (Civil) No.528 of 2018 (Internet and Mobile Association of India v. Reserve Bank of India dated 04.03.2020.  I. The earlier Circular of RBI - 6th April 2018 II. Supreme Court's Order - 4th March 2020 III. Latest circular of RBI - 31st May 2021 So what did the earlier circular of RBI state :- I. Earlier Circular - 6th April 2018 RBI/2017-18/154 DBR.No.BP.BC.104 /08.13.102/2017-18 April 6, 2018 All Commercial and Co-operative Banks /Payments Banks/Small Finance Banks / NBFCs / Payment System Providers Madam / Dear Sir, Prohibition on dealing in Virtual Currencies (VCs) Reserve Bank has repeatedly through its public notices on December 24, 2013, February 0...