Supreme Court of India

Kesri Commissariat & Others v. Ministry of Food and Civil Supplies, Govt. of Maharashtra, Mumbai & Anr.

Neutral citation
Reported as [2012] 3 S.C.R. 1010
Bench Dalveer Bhandari and Dipak Misra JJ.
Decided 3 April 2012

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.

What the Court ordered

We hold that Section 3(1)(b) clearly applies to different categories of tenants, all of whom are capable of paying rent at market rates.

Judgment, page 19

From the headnote

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947: s.4(1) - Exemption - Held: The provision applies to premises and not to parties or their relationship. Maharashtra Rent Control Act, 1999: s.3(1)(b) - Exemption - Premises belonging to trust- Let out to New India Assurance Company in 1954 - Tenant subletting the premises to State Government in 1959 - Suit for recovery of possession - Tenant and sub-tenant claiming exemption - Held: Clause (b) of sub-s.(1) of s.3 makes it clear that the Act does not apply to any premises let or sub-let to a bank, public sector undertaking or

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