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Raja Naresh Gupta vs State Of Chhattisgarh 86 Wpc/2985/2018 ... on 10 December, 2018

24. It is the claim of the petitioner that the respondent No.1 has sub-let the tenanted shop to Sh. Saleem Ahmed. The petitioner has relied upon the partnership deed Ex. PW 3/1. It is not in dispute that the respondents has relied upon the said partnership deed Ex. PW3/1 in the eviction petition No. 194/2015 titled as 'Rajan Gupta Vs Vinod Gupta & Anr'.
Chattisgarh High Court Cites 0 - Cited by 4 - P K Mishra - Full Document

Shalimar Tar Products Ltd vs H.C. Sharma & Ors on 12 November, 1987

It was held by this Court In M/s. Shalimar Tar Products v. S.C. Sharma, [1988) 1 SCC 70; that S. 14(1) Proviso (b) and 16(2) and (3) of the Delhi Rent Control Act, 1958 enjoin the tenant to obtain consent of the landlord in writing to the specific sub-letting and any other interpretation of the provisions will defeat the object of the statute and is, therefore, impermissible, Since it is not suggested that the consent of the respondent was obtained specifically with reference to the sub-letting in favour of M/s. United Automobiles, the clause in the lease deed, which has been relied on can not save the appellant, even if it be assumed in its favour that the clause is admissible and the sub-lessee is appellant's associate concern. The appeal, therefore, fails and is dismissed with costs."
Supreme Court of India Cites 15 - Cited by 156 - S Mukharji - Full Document

G.K. Bhatnagar (D) By Lrs. vs Abdul Alim on 21 March, 2002

It was held in G. K. Bhatnagar (Dead) by LRs Vs. Abdul Alim, 2002 9 SCC 516, that if the purpose of the partnership ostensibly to carry on business in the partnership but the real purpose is sub-letting of the premises to such other person who is inducted ostensibly as partner, then the same shall RC ARC No. 566/2018 Sh. Rajan Gupta Vs. Sh. Vinod Kumar & Anr. Page No. 15 of 24 be deemed to be an act of sub-letting attracting the applicability of clause (b) of sub section (1) of section 14 of DRC Act.
Supreme Court of India Cites 2 - Cited by 11 - Full Document

Parvinder Singh vs Renu Gautam & Ors on 22 April, 2004

It was held in Parvinder Singh Vs. Renu Gautam & Ors., 2004 4 SCC 794, that in case of partnership by a tenant with other person if the user and control of the tenanted premises has been parted with and deed of partnership has been drawn up as an indirect method of collecting the consideration for creation of sub- tenancy or for providing a cloak or cover to conceal a transaction not permitted by law, then the Court is not estopped from tearing the veil of partnership and finding out the real nature of transaction entered into between the tenant and the alleged sub- tenant.
Supreme Court of India Cites 10 - Cited by 86 - R C Lahoti - Full Document
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