REGENT COMPUTRONICS PVT. LTD.

MINOO FRAMROZE BALSARA Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

UNION OF INDIA V. V. D. TULZAPURKAR [REFERRED TO]
SAGIR AHMAD V. STATE OF U.P. [REFERRED TO]
BEHRAM KHURSHID PESIKAKA VS. STATE OF BOMBAY [REFERRED TO]
STATE OF BOMBAY VS. BHANJL MUNJI [REFERRED TO]
BENGAL IMMUNITY COMPANY LIMITED VS. STATE OF BIHAR [REFERRED TO]
BHIKAJI NARAIN DHAKRAS VS. STATE OF MADHYA PRADESH [REFERRED TO]
M P V SUNDARARAMIER AND COMPANY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
RANCHBODDAS ATMARAM VS. UNION OF INDIA [REFERRED TO]
MUNICIPAL CORPORATION OF GREATER BOMBAY VS. LALA PANCHAM [REFERRED TO]
SOMAWANTI 0M PARKASH ATMA RAM CHODHA VS. STATE OF PUNJAB [REFERRED TO]
MAHENDRA LAL JAINI VS. STATE OF UTTAR PRADESH [REFERRED TO]
NORTHERN INDIA CATERERS PRIVATE LIMITED VS. STATE OF PUNJAB [REFERRED TO]
U P ELECTRIC SUPPLY COMPANY LIMITED VS. R K SHUKLA [REFERRED TO]
JAGANNATH VS. AUTHORISED OFFICER LAND REFORMS [REFERRED TO]
STATE OF GUJARAT VS. AMBICA MILLS LTD [RELIED ON]
MAGANLAL CHHAGANLAL PRIVATE LIMITED PARWATIBAI PUNDALIK LEGAD UMAR HABIB BIBI BATOOL PARWATIBAI PUNDALIK LEGAD VS. MUNICIPAL CORPORATION OF GREATER BOMBAY:THE PRINCIPAL JUDGE CITY CIVIL COURTS:J R VIMADALAL:ENQUIRY OFFICER:THE PRINCIPAL JUDGE CITY CIVIL COURTS [REFERRED TO]
KERALA STATE ELECTRICITY BOARD THE STATE OF KERALA KERALA STATE ELECTRICITY BOARD THE STATE OF KERALA KERALA STATE ELECTRICITY BOARD THE STATE OF KERALA KERALA STATE ELECTRICITY BOARD KERALA STATE ELECTRICITY BOARD KERALA STATE ELECTRICITY BOARD KERALA S VS. INDIAN ALUMINIUM CO LTD [REFERRED TO]
DELHI CLOTH AND GENERAL MILLS COMPANY LIMITED VS. SHAMBHU NATH MUKHERJI [REFERRED TO]
JAIN INK MANUFACTURING COMPANY VS. LIFE INSURANCE CORPORATION OF INDIA [REFERRED TO]
HOECHST PHARMACEUTICALS LIMITED JUMNA FLOUR AND OIL MILLS PHARMA ASSOCIATES VS. STATE OF BIHAR [REFERRED TO]
GRAM PANCHAYAT OF VILLAGE JAMALPUR VS. MALWINDER SINGH [REFERRED TO]
ANIL KUMAR NEOTIA VS. UNION OF INDIA [REFERRED TO]
P RAMI REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
DWARKADAS MARFATIA AND SONS VS. BOARD OF TRUSTEES OF THE PORT OF BOMBAY [REFERRED TO]
ASHOKA MARKETING LIMITED SAHU JAIN SERVICES LIMITED K B PARSAI BENNETT COLEMAN AND COMPANY LIMITED VS. PUNJAB NATIONAL BANK:PUNJAB NATIONAL BANK:UNION OF INDIA:LIFE INSURANCE CORPORATION OF INDIA [RELIED ON]
STATE OF UTTAR PRADESH VS. BENARAS ELECTRIC LIGHT AND POWER CO LTD [REFERRED TO]
KRISHNA INVESTMENT VS. UNION OF INDIA [REFERRED TO]
INDIAN BANK VS. BLAZE AND CENTRAL P LTD [REFERRED TO]
STATE OF BOMBAY VS. HEMAN SANTLAL ALREJA [REFERRED TO]

JUDGEMENT

(1.) The definition of "public premises" in S. 2(e) of the Public Premises (Eviction of Unauthorised Occu?pants) Act, 1971 (hereinafter called "the Eviction Act, 1971") was extended by Act 61 of 1980 (with effect from 22/12/1980) to cover "(2) Any premises belonging to, or taken on lease by, or on behalf of, ?(i) any company as defined in S. 3 of the Companies Act, 1956, in which not less than fifty-one per cent, of the paid up share capital is held by the Central Government or any company which is a subsidiary within the meaning of that Act of the first mentioned company, (ii) any corporation (not being a company as defined in S. 3 of the Companies Act, 1956, or a local authority) established by or under a Central Act and owned or controlled by the Central Government....." These writ petitions and appeal challenge the vires of the Eviction Act, 1971, in so far as it is made applicable to premises belonging to what we shall call "Government companies and corporations". The challenge is based upon Arts. 14 and 19(1)(f) and (g) of the Constitution of India. It is also contended that, having regard to Art. 254(2), the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act,. 1947 (hereinafter called "the Bombay Rent Act") a prevail over those of the Eviction Act, 1971.

(2.) It may be mentioned that it was also contended that Parliament had no legislative competence to pass the Eviction Act, 1971. That challenge already stands rejected.

(3.) The relevant provisions of the Eviction Act, 1971, are these : It extends to the whole of India. "Premises", as defined by S. 2(c) mean any land or any building or part of a building.

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MINOO FRAMROZE BALSARA Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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