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1 - 10 of 10 (0.22 seconds)Indian Instt. Of Public Opinion Pvt Ltd vs Life Insurance Corporation Of India on 11 May, 2012
3. As far as the said argument is concerned, we have recently had an
occasion to deal with the same in our judgment dated 23 rd March, 2012 in
LPA No.977-80/2011titled Life Insurance Corporation of India v.
Damyanti Verma and in our judgment dated 11 th May, 2012 in LPA
No.9/20012 titled Indian Institute of Public Opinion Pvt. Ltd. v. Life
Insurance Corporation of India. We have held that the said guidelines do
not come in the way of resort to the provisions of the PP Act. Need is
therefore not felt to discuss the said aspect in detail and suffice it is to state
that we reiterate the view taken in the aforesaid two judgments.
Ashoka Marketing Ltd. And Anr. Etc. Etc vs Punjab National Bank And Ors. Etc. Etc on 7 August, 1990
6. The counsel for the appellant also raises a plea of discrimination. It is
contended that while against certain other tenants, the respondent Bank had
initiated proceedings under Section 14(1)(k) of the Delhi Rent Control Act,
1958, against the appellant the provisions of the PP Act have been resorted
to. It is argued that there is no policy of the respondent Bank in this regard
and the respondent Bank indulges in a policy of pick and choose in selecting
the forum, whether before the Rent Controller or Civil Court or the Estate
Officer for initiating proceedings against its tenants and of which the forum
of Civil Court and Rent Controller is advantageous to the tenants/occupants.
We are afraid, we do not find any merit in the said plea also. Once it is held
that the jurisdiction of the Estate Officer was validly invoked, the same
cannot be faulted with merely for the reason that the jurisdiction of the Civil
Court or of the Rent Controller is invoked against others. There is no
LPA No.250/2012 Page 3 of 6
concept of negative equality in law. We may however notice that the
counsel for the respondent Bank has clarified that the proceedings against
another tenant before the Rent Controller, instance whereof is given, were
filed way back in the year 1986 when the law was not clear and avers that
since the time the law has been settled in Ashoka Marketing Ltd. Vs.
Punjab National Bank (1990) 4 SCC 406, the respondent Bank has not
invoked the jurisdiction of any fora other than that of the Estate Officer.
Chandrika Misir & Anr vs Bhaiya Lal on 31 July, 1973
a. Chandrika Misir v. Bhaiya Lal (1973) 2 SCC 474;
b. Sunder Dass v. Ram Parkash 1977 Rajdhani Law Reporter
(SC) 227; and
c. Master Mayank Vashishth v. Financial Commissioner 2004
VI AD (Delih) 546.
Sunder Dass vs Ram Prakash on 24 February, 1977
a. Chandrika Misir v. Bhaiya Lal (1973) 2 SCC 474;
b. Sunder Dass v. Ram Parkash 1977 Rajdhani Law Reporter
(SC) 227; and
c. Master Mayank Vashishth v. Financial Commissioner 2004
VI AD (Delih) 546.
Master Mayank Vashishth vs Financial Commissioner on 6 August, 2004
a. Chandrika Misir v. Bhaiya Lal (1973) 2 SCC 474;
b. Sunder Dass v. Ram Parkash 1977 Rajdhani Law Reporter
(SC) 227; and
c. Master Mayank Vashishth v. Financial Commissioner 2004
VI AD (Delih) 546.
Article 226 in Constitution of India [Constitution]
Section 9 in The Public Premises (Eviction Of Unauthorised Occupants) Act, 1971 [Entire Act]
Life Insurance Corporation Of India vs Damyanti Verma Decd Thr Lrs on 11 May, 2012
3. As far as the said argument is concerned, we have recently had an
occasion to deal with the same in our judgment dated 23 rd March, 2012 in
LPA No.977-80/2011titled Life Insurance Corporation of India v.
Damyanti Verma and in our judgment dated 11 th May, 2012 in LPA
No.9/20012 titled Indian Institute of Public Opinion Pvt. Ltd. v. Life
Insurance Corporation of India. We have held that the said guidelines do
not come in the way of resort to the provisions of the PP Act. Need is
therefore not felt to discuss the said aspect in detail and suffice it is to state
that we reiterate the view taken in the aforesaid two judgments.
The Delhi Rent Act, 1995
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