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Deepak Gopal Chaphekar vs . Dr. Ramesh Kumar Gulati on 4 October, 2012

(iii) the test may be illustrated by another example, water and electricity charges, in fixed sum may be made part of the rent; where there is no contract to pay the electric charges, they do not form part of the rent. Where electric charges vary from month to month, then it is not rent but if parties agreed to include a fixed amount of electricity, that will be rent (reliance can be placed on Chhotey Lal vs. Kewal Krishan Mehta AIR 1971 SC 987).
Delhi District Court Cites 22 - Cited by 0 - Full Document

Nikhilesh Keshrichand Jhaveri And Ors vs M.S Johnson Dye Works Pvt. Ltd. And Ors on 16 April, 2024

60) Thus in Shri. Chhote Lal (supra) electric charges was not treated as part of rent as charges were variable in nature and depended on amount of electricity consumed. Applying the same logic in the present case as well, since levy of water charges depend on the quantum of water consumed it is difficult to treat the same as part of rent. Unlike water taxes, which can be a fixed amount as a percentage of ratable value/capital value, Page No. 33 of 41 16 April 2024 ::: Uploaded on - 16/04/2024 ::: Downloaded on - 17/04/2024 15:38:30 ::: Neeta Sawant WP-12584-2022-FC the water charges are demanded based on measurement of quantity of water supply under Section 169(1) of the MMC Act. It is therefore difficult to hold, in the facts of the present case, that water charges demanded by MCGM from NEFL can be treated as part of rent within the meaning of Order XV-A of the Code.
Bombay High Court Cites 41 - Cited by 0 - S V Marne - Full Document

Harish Chander vs Krishan Kumar on 4 December, 1984

(8) The trial court has laid emphasis on the oral evidence of two witnesses, one of whom stated that the electric charges were included in the rent, and the other stated that on one occasion the rent was accordingly paid. None of them has been, however, able to state what was the exact amount of electric charges that the tenant was paying to the landlord for each and every month. Mr. G.N. Aggarwal has made reference to Chhote Lal V. Kewal Krishan 1971 R C.R. 318 (SO, in which it was observed that where the electric charges are not fixed and can only be ascertained at the end of each month, after the electricity consumed is known, while the rent is payable in advance, it is clear that the electric charges cannot be held to form part of the rent.
Delhi High Court Cites 1 - Cited by 0 - Full Document
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