Supreme Court of India
Bhavarlal Labhchand Shah v. Kanaiyalal Nathalal Intawala
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above decision, we are of the opinion that the right to occupy the premises after the determination of the lease cannot be bequeathed to any person under a will who does not satisfy the qualification, referred to in section 5(11) (c) (ii) of the Act.
Judgment, page 9
From the headnote
Bombay Rents Hotel and Lodging House Rates Control Act, 1947 (Act 57 of 1947) section 5(11) (c) (ii) and 15(i) - Tenant, meaning of - Whether a person occupying a non-residen tial premises as a tenant after the contractual per.iod is o'1er can bequeath his right to occupy the property as a tenant under a will in favour of a legatee who, is not a member of his family carrying on business, trade or storage with him in the said premises at the time of his death under the Bombay Rent Control Act. The respondent who is the landlord of a building situated at Baroda had leased it out in fa'1our of
Where later benches applied it
- 2014 Gaiv Dinshaw Irani & Ors. v. Tehmtan Irani & Ors.
- 1998 Sri Sangappa Kalyanappa Bangi (dead) through Lrs. v. Land Tribunal, Jamkhandi and Ors.
- 1996 The State of West Bengal and Anr. v. Kailash Chandra Kapur and Ors.
Of those, 3 mentioned
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.