Himachal Local Laws

Himachal Local Laws

Lecture – 1

Himachal Pradesh, Indian Stamp Act, 1899

 

  • Section 1: The Act extends to whole of India,
  • Except the state of Jammu and Kashmir
  • It shall not apply to:
  • The territories which immediately before the 1st November, 1956, were comprised in part B states (excluding J & K),
  • Except to the extent to which the provisions of this Act relate to rates of stamp-duty in respect of the documents specified in Entry 91 of List I of 7th
  • The Act shall come into force on the 1st July, 1899.

 

  • Section 2: Definitions –
  1. Banker – include a bank
  • and any person acting as a banker.

 

  1. Bill of exchange- means
  • a bill of exchange as defined by the N.I.Act, 1881,
  • and includes also a hundi and any other document entitling or purporting to entitle any person, whether named therein or not,

to payment by any other person of, or to draw upon any other person for, any sum of money.

 

  1. Bill of Exchange payable on demand- includes
  • An order for the payment of any sum of money by a bill of exchange or promissory note,
  • An order for the payment of any sum of money weekly/ monthly or at any other stated period, and
  • A letter of credit, i.e., any instrument by which one person authorises another to give credit to the person in whose favour it is drawn.

 

  1. Bill of lading- includes a ‘through bill lading’,
  • but does not include a mate’s receipt.

 

  1. Bond- includes
  • Any instrument by which a person obliges himself to pay money to another,
  • On condition that the obligation shall be void if a specified act is performed, or is not performed.
  • Any instrument attested by a witness and not payable to order or bearer, and
  • Any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce.

 

  1. Chargeable- means –
  • as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act (i.e. the Indian Stamp Act, 1899),
  • and as applied to any other instrument, chargeable under the law in force in India when it was executed.

 

  1. Cheque- means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise then on demand.

 

  1. Conveyance- includes a conveyance on sale,
  • And every instrument by which property, whether movable or immovable, is transferred inter vivos,
  • And which is not otherwise specifically provided for by schedule I.

 

  1. Duty stamped- as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount,
  • And that such stamp has been affixed or used in accordance with law in force.

 

  1. Executed and Execution used with reference to instruments, mean signed and signature.

 

  1. Impressed stamp-includes –
  • Labels affixed and impressed by proper officer, and
  • Stamps embossed or engraved on stamped paper.

 

  1. Instrument- includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded.

 

  1. Instrument of Partition- means any instrument whereby co-owners of any property divide or agree to divide such property in severalty,
  • And includes also a final order for effecting a partition passed by any revenue- authority or any civil court, and an award by an arbitrator directing a partition.

 

  1. Lease- means a lease of immovable property, and includes also –
  • A patta,
  • A kabuliyat or other undertaking in writing, not being a counter part of a lease, to cultivate/ occupy/ pay/ deliver rent for, immovable property,
  • Any instrument by which tolls of any description are let,
  • Any writing on an application for a lease intended to signify that the application is granted.

 

  1. Settlement- means any non-testamentary disposition, in writing of movable or immovable property made-
  • In consideration for marriage,
  • For the purpose of distributing property of the settler among his family,
  • For any religious or charitable purpose.

 

  1. Soldier- include any person below the rank of non-commissioned officer, who is enrolled under the Indian Army Act, 1911.

 

  1. Stamp- means any mark, seal or endorsement by any agency or person duty authorized by the state government.
  • and includes an adhesive or impressed stamp, for the purpose of duty chargeable under this Act.

 

  • Section 3: Instruments chargeable with duty –
  • Every instrument mentioned schedule I, which not having been previously executed in India is executed after the 1st day of July, 1899.
  • Every bill of exchange payable otherwise than an demand, or promissory note,
  • Every instrument (other than bill of exchange or pronote) mentioned in schedule I.
  • Provided – no duty shall be chargeable in respect of –
  • Any instrument executed by or on behalf of government
  • Any instrument for sale, transfer or other disposition of any ship, vessel etc. registered under the merchant shipping act, 1894.
  • Any instrument executed by or on behalf of, in favour of, the Developer or Unit or SEZ (Special Economic Zone).

 

  • Section 4: Several instruments used in single transaction of sale, mortgage or settlement-
  • Where several instruments are employed for completing a sale, mortgage or settlement, only the Principle instrument shall be chargeable with duty,

and each of the other instruments shall be chargeable with a duty of one rupees.

  • The parties may themselves determine which of the instruments employed shall be the principle instrument.

 

  • Section 5: Instruments relating to several distinct matters –

Any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate amount of the duties with which the separate instruments, each comprising one such matters, would be chargeable.

 

  • Section 6: Instruments coming within several descriptions in schedule I –
  • Such instrument shall, where the duties chargeable are different, be chargeable only with the highest of such duties.

 

  • Section 8A: Securities dealt in depository not liable to stamp duty –
  • (inserted by Act 22 of 1996; and substituted by Act 10 of 2000)

 

  • Section 8B: Corporatisation and demutualisation schemes and related instruments not liable to duty.
  • Inserted by Act 18 of 2005.

 

  • Section 8C: Negotiable warehouse receipts not liable to stamp duty.
  • Inserted by Act 37 of 2007.

 

  • Section 8D: Agreement or document for assignment of receivables not liable to stamp duty.
  • Inserted by Act 12 of 2012.
  • Section 8E: Conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of shareholding of a bank to a holding company of bank not liable to duty.
  • Inserted by banking laws (Amendment) Act, 2012.

 

  • Section 8F: Agreement or document for transfer of financial assets not liable to stamp duty.
  • by Act 44 of 2016.

 

  • Power to reduce, remit or compound duties- The Government may by rule or order published in the O.G.
  • Government means central government in relation to bills of exchange, cheques, pronotes etc. and documents mentioned in List-I Entry 96 of the 7th schedule to the constitution.
  • Save as aforesaid – the State Government.

 

 

Himachal Pradesh, Indian Stamp Act, 1899

Pre Questions

 

  1. In which year the Indian Stamp Act passed :

(a) 1899

(b) 1999

(c) 1909

(d) 1809

 

  1. The Indian Stamp Act provides for :

(a) Stamps payable for postage

(b) Instruments chargeable to duty under the act

(c) Duty payable under the Negotiable Instrument Act

(d) None of the above

 

  1. Under the Indian Stamp Act, stamps are of :

(a) 05 types

(b) 03 types

(c) 01 types

(d) 02 types

 

  1. Duty under the Indian Stamp Act in case of policy of insurance other than fire insurance is payable by :

(a)Person effecting the insurance

(b) Insurer

(c) Jointly by both

(d) None of these

 

  1. A penalty for failure to cancel adhesive stamps may extend to :

(a) 1,000

(b) 500

(c) 100

(d) 1,000 & 2 months imprisonment

 

  1. Under the Indian Stamp Act any instrument brought before an officer in charge of a public except officer of police and is chargeable to duty may be impounded by such officer if :

(a) It appears to him that the instrument is not duly stamped

(b) Not properly written

(c) Not signed

(d) None of these

 

  1. The trail for any offence committed under the Indian Stamp Act may be held :

(a) Any district or presidency town in which such instrument is found or tried under Cr.P.C.

(b) Anywhere in India

(c) Anywhere in the State

(d) None of these

  1. The power of collector under the Indian Stamp Act to refund penalty paid is contained in :

(a) Section 29

(b) Section 39

(c) Section 42

(d) Section 43

 

  1. Under the Indian Stamp Act, 1899, ‘executed’ and ‘executed’ used with reference to instruments means :

(a) Signed

(b) Signature

(c) Signed and signature

(d) None of these

 

  1. Under the Indian Stamp Act, 1899, the expenses of providing proper stamp in case of ‘Administration Bonds’ shall be borne by :

(a) The person drawing such instrument

(b) The person making such instrument

(c) The person executing such instrument

(d) All of the above

 

  1. Duty under the Indian Stamp Act, 1899, in the case of conveyance is payable by;

(a) The grantee

(b) The grantor

(c) The grantor and grantee

(d) None of these

 

  1. Provisions regarding ‘Adjudication as the proper stamp’ are contained under the Indian Stamp Act, 1899 in :

(a) Section 28

(b) Section 29

(c) Section 31

(d) Section 30

 

  1. Who makes rules to carry out generally the purposes of the Indian Stamp Act, 1899?

(a) Central Government

(b) State Government

(c) High Court

(d) Supreme Court

 

  1. Section 72 of the Indian Stamp Act, 1899 contains the provision regarding :

(a) Place of trial

(b) Penalty for post dating bills

(c) Jurisdiction of magistrates

(d) Penalty for breach of rule relating to sale of stamps

 

 

  1. All instruments chargeable with duty and executed by any person in India shall be stamped :

(a) Before execution only

(b) At the time of execution only

(c) Before or at the time of execution

(d) None of the above

 

  1. All duties and penalties under the chapter IV of the Indian Stamp Act, 1899 may be recovered by :

(a) The Collector

(b) The State Government

(c) The High Court

(d) None of these

 

  1. Which provisions of the Indian Stamp Act describes the instruments which may be stamped with adhesive stamps?

(a) Section 9

(b) Section 10

(c) Section 11

(d) Section 12

 

  1. “The liability to pay stamp duty arises before or at the time of the execution of the instrument”. Which provision of Indian Stamp Act provides it?

(a) Section 17

(b) Section 18

(c) Section 19

(d) Section 20

 

  1. Which section of the Indian Stamp Act provides penalty for failure to cancel adhesive stamp?

(a) Section 62

(b) Section 63

(c) Section 64

(d) Section 65

 

  1. Under the Indian Stamp Act, 1890 ‘Stamp’ means any :

(a) Mark

(b) Seal

(c) Endorsement

(d) All of these

 

  1. Under section 72 of the Indian Stamp Act, 1899, the offence committed in respect of any instrument may be tried in :

(a) Any district in which such instrument is found

(b)Anywhere in the state

(c) Anywhere in India

(d) None of the above

 

  1. Under the Indian Stamp Act, 1899, the Government may reduce duties :

(a) Prospectively only

(b) Retrospectively only

(c) Prospectively or retrospectively

(d) None of the above

 

  1. Who prescribes a rate of exchange for the conversion of foreign currency into the currency of India for the purpose of collecting the stamp duty?

(a) State Government

(b) Central Government

(c) Reserve Bank of India

(d) President of India

 

  1. Under the Indian Stamp Act, 1899, an instrument shall be deemed to be unstamped if written in contravention of :

(a) Section 10 of the Indian Stamp Act, 1899

(b) Section 11 of the Indian Stamp Act, 1899

(c) Section 13 of the Indian Stamp Act, 1899

(d) Section 20 of the Indian Stamp Act, 1899

 

  1. Under the Indian Stamp Act, 1899, in the case of lease, the duty is payable by the :

(a) Lessor

(b) Lessee

(c) Lessor and Lessee

(d) None of these

 

  1. Section 31 of the Indian Stamp Act, 1899, deals :

(a) Adjudication as to proper stamp

(b) Examination and impounding of instruments

(c) Special provision as to unstamped receipts

(d) Admission of improperly stamped instruments

 

  1. The provisions regarding ‘Allowances for stamps’ are contained in :

(a) Chapter IV of the Indian Stamp Act, 1899

(b) Chapter V of the Indian Stamp Act, 1899

(c) Chapter VI of the Indian Stamp Act, 1899

(d) Chapter VII of the Indian Stamp Act, 1899

 

  1. Cancellation of adhesive stamps can be done:

(a) Only be the person who affixes the adhesive stamps

(b) Only by the person who execute the instrument bearing an adhesive stamp

(c) By the person who affixes the adhesive stamp to any instrument or by the person who execute the

instrument bearing an adhesive stamp

(d) None of the above

 

 

  1. Under the Indian Stamp Act, 1899, the duty shall be liable in transfer of:

(a) Registered ownership of securities from a person to a depository

(b) Registered ownership of securities from a depository to a beneficial owner

(c) Beneficial ownership of units of a mutual fund

(d) Beneficial ownership of shares of a company

 

  1. Section 23A of the Indian Stamp Act, 1869, deals instruments concerned with:

(a) Sale of marketable securities

(b) Mortgages of marketable securities

(c) Lease of marketable securities

(d) Sale, lease and mortgage of marketable securities

 

  1. Impressed stamps includes:

(a) Labels affixed by the proper authority

(b) Labels impressed by the proper authority

(c) Labels affixed and impressed by the proper authority

(d) None of the above

 

  1. Whether the ‘guarantees agreements’ fall within the purview of sub-section (1) of the section 4 of the Indian Stamp act, 1899?

(a) Yes

(b) No

(c) Depend upon the parties

(d) Depend upon the guarantor

 

  1. Under the Indian Stamp Act, 1899, in case of a conveyance, in the absence of any agreement to the contrary, the expenses for providing proper stamps shall be borne by

(a) Grantee

(b) Grantor

(c) Grantor and grantee

(d) None of these

 

  1. All instruments chargeable with duty and executed by any person in India shall be stamped.

(a) Only before execution

(b)Only at the time execution

(c) Before or at the time of execution

(d) None of the above

 

  1. Which section of the India Stamp Act, 1899 contains ‘special provision as to unstamped receipts’?

(a) Section 32

(b) Section 33

(c) Section 34

(d) Section 35

 

 

  1. Under the Indian Stamp Act, 1899, ‘Lease’ means a lease of :

(a) Movable property

(b) Immovable property

(c) Movable and immovable property

(d) None of the above

 

  1. ‘Settlement’ under the Indian Stamp Act, 1899 means :

(a) Any non-testamentary disposition

(b) Any testamentary disposition

(c) Any testamentary or non-testamentary

(d) None of the above

 

  1. ‘Bill of lading’ under the Indian Stamp Act, 1899 includes :

(a) Mate’s receipts

(b) Through bill of lading

(c) Mates’ receipts and through bill of lading

(d) None of the above

 

  1. Provision regarding ‘Special Economics Zone’ was inserted in section 3 of the Indian Stamp Act, 1899, in the year of :

(a) 1971

(b) 2008

(c) 2009

(d) 2005

 

  1. Section 4 of the Indian Stamp Act, 1899, relates to :

(a) Sale only

(b) Mortgage only

(c) Settlement only

(d) Sale, mortgage or settlement

 

  1. For the purpose of section 8A of the Indian Stamp Act, 1899, the expression ‘Beneficial Owner’ shall have the meaning as assigned in.

(a) The Depositories Act, 1996

(b) The Negotiable Instruments act, 1881

(c) The Indian Contract Act, 1872

(d) Securities and Exchange Board of Indian Act, 1992

 

  1. Under section 9 of the Indian Stamp Act, 1899, who may reduce, remit or compound the duties?

(a) High Court

(b) Collector

(c) Government

(d) Chief Controlling Revenue Authority

 

 

  1. Under the Indian Stamp Act, 1899, in case of a counterpart of a lease, in the absence of any agreement to the contrary, the expenses for providing proper stamp shall be borne by

(a) Lessee

(b) Lessor

(c) Lessee and lessor

(d) None of the above

 

  1. The expression ‘corporation’ mentioned in ‘section 8-B, of the Indian Stamp Act, 1899, shall have the meaning as assigned in :

(a) The Depositories Act, 1996

(b) The Indian Companies Act, 1956

(c) The Securities Contracts (Regulation) Act, 1956

(d) The Negotiable Instrument Act, 1881

 

  1. ‘Section 8A’ of the Indian Stamp Act, which deals the provision regarding ‘securities dealt in depositary not liable to stamp duty’ was inserted by :

(a) Act 19 of 1958

(b) Act 43 of 1995

(c) Act 22 of 1996

(d) Act 18 of 2005

 

  1. ‘Soldier’ under the Indian Stamp Act, 1899, includes any person who is enrolled under :

(a) The Indian Army Act, 1911

(b) Air Force Act, 1950

(c) Navy Act, 1794

(d) None of the above

 

  1. ‘Settlement’ under the Indian Stamp Act, 1899, means disposition of :

(a) Only movable property

(b) Only immovable property

(c) Movable or immovable property

(d) None of the above

 

  1. Madras Refineries vs. Chief Controlling Revenue Authority, Board of Revenue, AIR 1977 SC 500, explains the application of :

(a) Section 3 of the Indian Stamp Act

(b) Section 4 of the Indian Stamp Act

(c) Section 7 of the Indian Stamp Act

(d) Section 8 of the Indian Stamp Act

 

  1. Under section 32 of the Indian Stamp Act, who certify the instrument?

(a) Collector

(b) Chief Controlling Revenue Authority

(c) Both (a) and (b)

(d) None of the above

 

  1. Section 35 of the Indian Stamp Act, 1899, denotes :

(a) Examination and impounding of instruments

(b) Instruments not duty stamped inadmissible in evidence

(c) Adjudication as to proper stamp

(d) Allowance for spoiled stamps

 

  1. Under section 57 of the Indian Stamp Act, 1899, the Chief Controlling Revenue Authority refers the case arise in the state to the :

(a)State Government

(b)Collector

(c) High Court

(d) None of the above

 

  1. Under the Indian Stamp Act, 1899 mortgage is transfer of :

(a) Immovable property only

(b) Movable property only

(c) Immovable and movable properties

(d) None of the above

 

  1. Under sub-clause (14) of section 2 of the Indian Stamp Act, whether a copy of a document is an instrument?

(a) Yes

(b) No

(c) Yes, if any right is created by the document

(d) Yes, if any right is transferred by the documents

 

  1. Section 5 of the Indian Stamp Act, applies when any instrument relates to :

(a) Single matter

(b) More than one matter

(c) Both (a) and (b)

(d) None of the above

 

  1. Section 8-B of the Indian Stamp Act, which deals demutualisation schemes, was inserted by :

(a) Act 22 of 1996

(b) Act 10 of 2000

(c) Act 23 of 2004

(d) Act 18 of 2005

 

  1. Under the Indian Stamp Act, in case of a certificate of sale, in the absence of any agreement to the contrary, the expenses for providing proper stamp shall be borne by :

(a) Purchaser of the property

(b) Seller of the property

(c) Seller and purchaser of the property

(d) None of the above

 

  1. The word ‘chargeable’ used in sub-clause (6) of sections 2, as applied to an instrument executed after the commencement of Indian Stamp Act, 1899 means :

(a) Chargeable under the Indian Stamp Act, 1899

(b) Chargeable under the Indian Stamp Act, 1899 and under any other law

(c) Chargeable under the Indian Stamp Act, 1899 and the Negotiable Instrument Act, 1881

(d) None of the above

 

  1. All duties and penalties under chapter IV of the Indian Stamp Act, 1899 may be recovered by :

(a) State Government

(b) Collector

(c) Governor

(d) High Court

 

  1. Provisions regarding ‘allowance for misused stamps’ are provided in the Indian Stamp Act, under :

(a) Section 49

(b) Section 50

(c) Section 51

(d) Section 52

 

  1. Duty under the Indian Stamp Act, in case of policy of the fire Insurance, is payable by :

(a) The person issuing the policy

(b) The person effecting the insurance

(c) Jointly by the person issuing the policy and the person effecting the insurance

(d) None of the above

 

  1. Duty under the Indian Stamp Act, in case of a lease, is payable by :

(a) The lessor

(b) The lessee

(c) The lessor and lessee equally

(d) None of the above

 

  1. Who prescribe the rate of exchange for the conversion of foreign currency into the currency of India for the purpose of calculating stamp duty :

(a) President of India

(b) Reserve Bank of India

(c) Central Government

(d) World Bank

 

  1. The penalty may be recovered, in case any instrument not duly stamped as per the Indian Stamp Act, by :

(a) State Government

(b) Collector

(c) Central Government

(d) District Courts

Lecture – 2

Himachal Pradesh, Indian Stamp Act, 1899

 

Mains Questions

  1. Explain provisions regarding ‘instruments not duly stamped inadmissible in evidence’ under the Indian Stamp Act, 1899.
  2. Explain the ‘adjudication of stamps’ under the Indian Stamp Act, 1899.
  3. What are the instruments chargeable with duty?
  4. Explain provisions relating to instruments dealing with several distinct matters.
  5. Describe ‘valuation in case of annuity etc.’ under the Indian Stamp Act, 1899.
  6. Explain procedure to calculate stamp duty where value of subject-matter is indeterminate.
  7. Explain the procedure of examination and impounding of instruments under the Indian Stamp Act, 1899.
  8. Give provision for allowances for spoiled stamps.
  9. Explain the provision regarding the ‘statement of case by the Chief Controlling Revenue-Authority to High Court’ (Reference) under the Indian Stamp Act, 1899.


 

Himachal Pradesh, Indian Stamp Act, 1899

 

  • Section 14: Only one instrument to be on same stamp – No second instrument chargeable with duty shall be written upon a piece of stamped paper upon which an instrument chargeable with duty has already been written.

 

  • Section 17: Instruments executed in India – All instruments chargeable with duty & executed by any person in India shall be stamped before or at the time of execution.

 

  • Section 18: Instruments other than bills and notes executed out of India – may be stamped within three months after it has been first received in India.

 

  • Section 19: Bills and notes drawn out of India –
  • The first holder of bills or notes drawn or made out of India,
  • Shall affix thereto the proper stamp and cancel the same,
  • Before he presents the same for acceptance or payment etc.

 

  • Section 24: How transfer in consideration of debt, or subject to future payment etc, to be charged –
  • Such debts, money or stock is to be deemed the whole or part, as the case may be, of the consideration, in respect of which the transfer is chargeable ad valorum duty.

 

  • Section 25: Valuation in case of annuity etc.
  • Where the sum is payable for a definite period and the amount to be paid can be ascertained – such total amount,
  • Where sum is payable in perpetuity or for an indefinite time not terminable with any life in being at the time of

Conveyance – The amount payable for the period of 20 years from the first date from which the payment becomes due.

 

  • Section 25: (c) Where the sum is payable for an indefinite time terminable with any life in being at the date of such instrument or conveyance – the maximum amount payable during the period of 12 years from the date on which first payment becomes due.

 

  • Section 26: Stamp where value of subject-matter is indeterminate –
  • Nothing shall be claimable under such instrument, more than highest amount of value for which is stated in an instrument of the same description, the stamp actually used would have been sufficient.

 

  • Section 29: Duty by whom payable –
  • By the person drawing, making or executing such instrument except in cases given in (b) to (g) in this section.
  • Section 31: Adjudication as to proper stamp – such adjudication is made by the collector,
  • The collector may also require the abstract of the document along with affidavit or evidence as he may deem necessary.

 

  • Section 32: Certificate by Collector – The collector issues the certificate u/s 32 as to the chargeability or otherwise of an instrument.

 

  • Section 33: Examination and impounding of instruments –
  • Every person having by law or consent of parties, authority to receive evidence,
  • And every person in charge of a public office, except an officer of police,
  • Before whom any instrument chargeable with duty (in his opinion) is produced,
  • Shall if it appears to him that such instrument is not duly stamped, impound the same, after its examination.

 

  • Section 35: Instrument not duly stamped in admissible in evidence –
  • Any such instrument shall be admitted in evidence on payment of the duty chargeable on it.

 

  • Section 36: Admission of instrument where not to be questioned –

-except as given in section 61, such admission shall not be called in question at any stage of the same suit or proceeding that the instrument is not duly stamped.

 

  • Section 37: Admission of improperly stamped instruments –
  • The State Government may make rules as to admission of instruments of improper description.

 

  • Section 43: Prosecution for offence against stamp-law –
  • The taking of proceedings or payment of a penalty under this chapter, shall not bar any prosecution of any person appearing to have committed an offence under the stamp law.

 

  • Section 48: Recovery of duties and penalties – may be recovered by the collector by distress and sale of the movable property,
  • Or by any other process for the recovery of arrears of land-revenue.

 

  • Section 49: Allowances for spoiled stamps –
  • Subject to the rules made by the State Government in this behalf,
  • The collector may on application made to him, make allowances for impressed stamps spoiled.

 

  • Section 56: The power exercisable by a collector under chapter IV and V shall be subject to the control of Chief Controlling Revenue Authority (CCRA).

 

  • Section 57: Statement of case by chief Controlling Revenue Authority to High Court (Reference) –
  • The CCRA may state case, referred to it in any case u/s 56(2) or otherwise, and refer such case, with its own opinion to the High Court (Refer the Bare Act).
  • Every such case shall be decided by not less than three judges of the High Court to which it is referred, and in case of difference of opinion, the opinion of majority shall prevail.

 

  • Section 62: Penalty for executing etc. instruments not duly stamped –
  • Every act mentioned in this section shall be an offence punishable with fine which may extend to five hundred rupees.

 

  • Section 63: Penalty for failure to cancel adhesive stamp – shall be punished with fine which may extend to one hundred rupees.

 

  • Section 70: Institution and conduct of prosecutions – The prosecutions under this Act shall be instituted with the sanction of the collector or such other officer as the state government generally or the collector specially authorize in that behalf.

 

  • Section 71: Jurisdiction of Magistrates – No Magistrate other than a presidency Mgstt – or a Mgstt. of second class, shall try any offence under this Act.

 

  • Section 72: Place of trial – in the District or Presidency – Town in which the instrument is found or it may/ ought to be tried under the Cr.P.C., 1973.

 

  • Section 73: Books etc. to be open for inspection.

 

  • Section 74: Powers to make rules relating to sale of stamps –
  • The State Government for – supply of stamps,

– sale of stamps,

– the persons to conduct the sale,

– the duties and remunerations of such persons.

 

  • Section 75: Power to make rules generally to carry out the Act –
  • The State Government.

 

Schedule I – Stamp-duty on instruments.

 

PAHUJA LAW ACADEMY

H.P. COURTS ACT, 1976

LECTURE NO. – 3

Mains Question:

 

  1. Explain the definitions of “Civil District”, “ Judge”, ‘Government’ and ‘Small cause’ under the H.P. Courts Act, 1976.
  2. When the Civil Judge can exercise the jurisdiction of District court in certain proceeding under the H.P. Courts Act, 1976?
  3. Explain the provisions regarding the appointment of the ministerial offices of court under the H.P. Courts Act, 1976.
  4. Explain the provision of appeals from Civil Judges under the H.P. Courts Act, 1976.
  5. Mention the provisions for the appointment of the District Judges under the H.P.Court Act, 1976.
  6. Explain the provisions regarding the appointment of the Additional District Judges under the H.P. Court Act, 1976.
  7. Explain the provisions regarding the original jurisdiction of the Civil courts under the H.P.Courts Act, 1976.

 

 

 

H.P. COURTS ACT, 1976

LECTURE NO. 3

LECTURE NOTE – COURT ACT

 

  • SECTION – 2: (a)   Civil District or District – Means the local limits of the jurisdiction of a                   principle civil courts of original jurisdiction.

                                      (b)   District judge – Shall include on Additional District Judge.

 

(c)    Small cause – Means – A suit of the nature cognizable by a court a small cause under The provincial small

cause courts Act, 1887

SECTION – 3: Classes of courts –

(i)     Courts of small causes

(ii)     Courts established under any other enactment for the time being in force,

(iii)    The court of District Judge, senior

(iv)    Court of The Civil Judge (senior Divisions) , and

(v)     Court of the Civil Judge (Junior Divisions)

SECTION – 4: Civil District

  • For the purpose of this act, The State govt. shall divide the Himachal Pradesh into civil district,
  • And may alter the limits or number of these district,
  • And may determine the headquarters of each such district for the purpose of locating.The administrative offices of the District Judge.

SECTION – 5: District Judge – The state govt. shall after consultation with the High Court,

  • Appoint as many persons as it thinks necessary to be District Judge,
  • And the High court shall post one such person to each district as District judge of that district,
  • The same person may be appointed as the District judge of two or more district by the High court.

SECTION – 6: Additional District Judge – When the business pending before the court of

                            any District judge requires the aid of any additional judge or judges for its speedy disposal,

  • The state govt. May after consultation with the High court, appoint such Additional District judge as may be necessary
  • An Additional district judge shall discharge any of the functions of a District judge which The High court of the District judge may assign to him, And in the discharge of his functions he shall exercise the same powers as the District judge.

SECTION – 7: Assignment of functions of District judge to Additional District judge

  • The High court or The District judge.

SECTION – 8: Civil judge – The state Govt. after consolation with the High court, may fix the

Number Of civil judges to be appointed.

 

SECTION – 9: District court to be Principal civil court of original jurisdiction

  • The court if District judge shall be deemed to be the District court or Principal civil court of of original jurisdiction in the district.

SECTION – 10: Original jurisdiction if civil courts – Save as other wise provided by any other

 law for The time being in forces, The court of the District judge shall have the jurisdiction in all the original civil suits, the value of which does not exceed ten lakh rupees (subs,. By Act 16 of 2001)

SECTION – 11: Original limits of civil judges

  • Subject to the specified in section. 10,
  • The jurisdiction to be exercised in original civil suits as regards the values by any person appointed to be a civil judges shall be determines by the High court,
  • Either by including him in class or otherwise.

SECTION – 12: Local limits of jurisdiction

  • The local or territorial limits of the jurisdiction of civil judge shall be defined by the High court.

SECTION – 13: Power to invest civil judge with small cause court jurisdiction

  • The High court may confer upon any civil judges, the jurisdiction of a judge of a court of small causes under the provincial small causes courts Act, 1887,
  • For the trial of the suits, cognizable by such court, up to such value not exceeding two thousand rupees
  • And any with draw any jurisdiction so confessed.

SECTION – 14: Exercise by civil judges of jurisdiction of District court in certain          

proceedings

 

  • The High court may be general or special order authorise any civil court take cognizance of,
  • And any District judge to transfer to such a civil judge under his control,
  • Any proceeding or any class of proceeding in the following:
  • Indian Succession Act, 1925
  • Guardians and Wards Act, 1890
  • Provincial Insolvency Act, 1920

SECTION – 15: Place of sitting of court – The High court may fox The place / places at which Any Court under this Act is to be held, even beyond the local limits of the jurisdiction of A civil court may be held at any place within the local limits of its jurisdiction.

SECTION – 16: Control of courts –

  • Subject to the general superintendence and control of the High court,
  • The District judge shall have control over all the civil courts within his jurisdiction

SECTION – 17: Power to distribute business – District judge

SECTION – 18: Ministers offices of court –

  • The ministerial offices of the District court shall be appointed by the District judge
  • The superintendent of the District court shall be appointed by the High court
  • The ministerial offices of civil courts – District judge
  • Appointments under this section shall be subject to the rules made by high court with prior approval of the state govt.

SECTION – 19: Delegation of District judges powers

  • A distt. Judge with the previous sanction of the High court, delegate to any civil judge on the Distt. The powers of appointment of the ministerial officers of the civil courts under section 18(2), to be exercised by the civil judge.

SECTION – 20: Appeals from District judges or Additional Distt. Judges

  • To the High court
  • No appeal to the High court from decree/order of an Additional District judge, if the decree/order was made by the District judge and no appeal would lie to the High court.

SECTION – 21: Appeals from civil judges-

  • An appeal from decree/ order of a civil judge shall lie to the district judge where the value of the suit did not exceeds two lakh rupees, and
  • To the High court in any other case.
  • Where the function receiving appeals has been assigned to the Add. Distt. Judge, the appeals may be preferred to the Addi. Distt. Judge.
  • If the High court directs that appeals from an order / decree of civil court shall lie to the order civil judge, then the court of such other civil judges shall be deemed to be a Distt. Court for the purpose of all the appeals so preferred.

SECTION – 21A: Power of the chief justice transfer pending appeals and preceding to

                             subordinate Civil Courts

Any suit, appeal or proceeding which is pending before then High court before the

Commencement of the H.P. Courts (Amendment) Act, 1994,

  • May be transferred by the chief justice of the High court to such a subordinate civil court in Himachal Pradesh which would have jurisdiction  id such suit, appeal or proceeding was instituted for the first time after such commencement.

SECTION – 22:      Power to transfer to a civil judge appeals from other civil judge-

  • A Distt. Judge may transfer any appeal pending before him from a decree/order of a civil judge to any other subordinate judge under him.
  • The Distt. Judge may with draw any appeal so transferred and either hear it himself it to a subordinate court.

SECTION – 23:        Mode of conferring powers – Any power that may be conferred by the High

   court on Any person under this part may be conferred up on such person –

 

  • Either by name, or
  • By virtue of office

SECTION – 24: Continuance of process of offices –

When ever any offices is transferred or posted at any subsequent time to an

equal or higher office of the same nature within a local area,

  • He shall exercise the same powers, unless the High court otherwise directs.

SECTION – 25: Provisions regarding position writers.

SECTION – 26: Control of list of holidays –

  • The High court shall prepare a list of holidays in civil courts subordinate there, to be published in the official Gazette.

SECTION – 27:        Seal – Every court under this Act shall use a seal of such form and design as

  are or May be prescribed by the High court.

 

SECTION – 27 A: Certain provisions to over- ride other laws-

  • The amendments made in this act by the H.P Courts (Amendment) Act, 484 shall have effect, not withstanding anything to the contrary in –
  • Section – 17(3) of the Delhi High court Act, 1966 and
  • Section – 23 of the State of H.P. Act, 1970

SECTION – 28: Temporary vacancies of office District judge.

  • Either of the following person shall discharge the function :
  • The Addl. Distt. Judge, or if more than one Addl. Distt. Judges are present, then the senior most, or
  • If no Addl. Distt. Judge is present, then the first in rank among the civil judge present.

SECTION – 29: Power to make rules – The High court.

SECTION – 30: Repeal and savings

  • The Punjab Court Act, 1981 as applicable to H.P. State,
  • The H.P. (Court) order, 1948, as applicable to H.P. State before 1 Nov. 1966 are here by repealed.

 

 

 

H.P. COURTS ACT, 1976 

PRELIMINARY QUESTION

 

  1. Besides the courts of small causes and the courts established under any other enactment, the number of classes of subordinate Civil Court provided under the Himachal Pradesh Courts Act, 1976, are:

(a) Three

(b) Five

(c) Four

(d) Six

 

  1. Under the Himachal Pradesh courts Act, 1976, an appeal from decree or order of Civil Judge shall lie to the District, where the value of the original suit, in which the decree/ order was made did not exceed:

(a) Ten thousands rupees

(b) Twenty five thousands rupees

(c) Fifty thousands rupees

(d) Two lakh rupees

 

  1. Power to make rule for the purpose of carrying into effect the provisions of the Himachal Pradesh court Act, 1975 is on:

(a) High court

(b) Governor

(c) State legislature

(d) Supreme court of India

 

  1. Under section 17 of the Himachal Pradesh court Act, 1976, the High court may authorize any civil judge to take cognizable of proceedings under :

(a) The Indian Succession Act, 1925

(b) The Guardians and Wards Act, 1890

(c) The Provincial Insolvency Act, 1920

(d) All of the above

 

  1. Under section 17 of the Himachal Pradesh Act, 1976 who is empowered to distribute the Civil business?

(a) District Judge

(b) Civil Judge

(c) High court

(d) State Government

 

  1. Under the Himachal Pradesh courts Act, 1976 who prepares a list of holidays to be observed in each year in civil courts?

(a) Governor

(b) High court

(c) Central Government

(d) President or India

 

  1. Under the Himachal Pradesh courts, Act, 1976 who prepares of list of holidays to be observed in each year in civil courts?

(a) State Government

(b) Central Government

(c) High court

(d) Governor

 

  1. Under the Himachal Pradesh courts, Act, 1976, the superintendent of District court shall be appointed by:

(a) High court

(b) District judge

(c) Additional district judge

(d) Himachal Pradesh Public Service Commissions

 

  1. Under the Himachal Pradesh courts, Act, 1976, who can divide the Himachal Pradesh into civil District?

(a) High court

(b) State Government

(c) Supreme court

(d) Central Government

 

  1. Who may delegate the power under section 19 of the Himachal Pradesh courts, Act, 1976?

(a) Civil judge

(b) District judge

(c) Civil judge and District judge

(d) None of the above

 

  1. Under the Himachal Pradesh courts Act, 1976, who may make rules to regulate the issue of licenses to petitions writers?

(a) State Government

(b) Governor

(c) High court

(d) Supreme court

 

  1. Section 20 of the Himachal Pradesh courts Act, 1976, contains the provisions regarding “appeals” from:

(a) District judge

(b) Subordinate judge

(c) High court

(d) State Government

 

  1. Who appoints the Additional District judge under section 6 of the Himachal Pradesh courts Act, 1976?

(a) State Government

(b) High court

(c) District judge

(d) Governor

 

  1. Section 14 of the Himachal Pradesh courts Act, provided that the high court may authorize any civil judge to take cognizance of proceeding under:

(a) The Provisional small cause courts Act 1887

(b) Code of civil procedure 1908

(c) The provincial insolvency act, 1920

(d) Code of criminal procedure 1973

 

PAHUJA LAW ACADEMY

Himachal Local Laws

Lecture – 4

H.P. Urban Control Act, 1987

 

 

Mains Questions

  1. Define the following:-

(a) Building

(b) Landlord

(c) Tenant

(d) Non-residential building.

2. Explain the procedure for the determination of Standard Rent under the HP Urban Rent Control Act, 1987.

3. Explain the process for the revision of Standard Rent in certain cases.

4. Explain/Mention the increase in Standard Rent in certain cases.

5. What are the provisions regarding the cutting-off or withholding of essential supply or service under the HP Urban Rent Control Act, 1987?

 

 HIMACHAL LOCAL LAWS

LECTURE NOTE – 4

H.P. Urban Control Act, 1987

 

 

  • Received the assent of the President on 20th, 1987
  • The subject of Rent Control is given in Entry- 6 of the List- III, (i.e. The Concurrent List) of the Constitution of India.
  • The Himachal Pradesh Urban Rent Control (Amendment) Act, 2009 received the assent of the President on 28th, 2012.
  • The Himachal Pradesh High Court at the request of the State Government gave time to the State for enacting the Rent Act, upto 14th, 1987.

Section 2: Definitions

  • Appointed day – means the 18 day of August, 1987.
  • Building- means any building or part of a building let out for a purpose, whether being actually used for that purpose or not.
  • Including any land, godowns, out houses or furniture let out therewith.
  • But does not include a room in a hotel, hostel, or boarding house.
  • Controller: means any person who is appointed by the State Government to perform the functions of the Controller under this Act.
  • Landlord- means any person entitled to receive rent for the time being of any building or rented land.
  • Whether on his own account or for the benefit or on behalf of any other person.
  • Or as a trustee, guardian, receiver, executor or administrator for any other person.
  • And includes a tenant who sublets any building or rented land.
  • And every person from time to time deciving title under a landlord.
  • And a specified landlord.
  • Non- residential building- means a building being used –
    • mainly for purpose of business or trade; or
    • partly for the purpose of business or trade and partly for residence, subject to the condition that the person who carried on business or trade in the building resides therein.
  • Proviso: If a building is let out for residential and non- residential purposes, separately, to more than one person, the portion let out for residence, shall not be treated as non- residential building.
  • Explanation – If the building is used mainly for the purpose of business or trade, it shall be deemed to be a non- residential building, even though a small portion of it is used for residence.

Rented land – means any land let out separately for the purpose of being used principally

       for business or trade.

Residential building- means any building which is not a non- residential building. Specified landlord- means a person who is entitled to receive rent in respect of a building

on his own account.

  • And who is holding or has held an appointment in a public service or post in connection with the affairs of the Union or a State.

Tenant- means any person by whom or on whose account rent is payable for a residential or

non- residential building or rented land.

And includes:

  • Tenant continuing in possession after termination of the tenancy.
  • a deserted wife of a tenant entitled to occupation of the matrimonial home or tenanted premises of the husband,
  • a divorced wife of a tenant who has a decree of divorce in which the right of residence in the matrimonial home/ tenanted premises is one of the conditions of divorce, and
  • in the event of death of tenant, such of his heirs as are mentioned in Schedule- I to this Act and who were ordinarily residing or carrying on business in the building at the time of his death.
  • But does not include:
  • person placed in occupation of a building or rented land by its tenant, except with the written consent of the landlord.
  • a person to whom the collection of rent or fees in a public market, cart- stand or slaughter- house or of shops has been farmed out or leased by a Municipal body.

Urban area – means any area administered by a Municipal Corporation, a Municipal

Committee, a cantonment board, or a notified area committee.

  • Or any area declared by the State Government by notification, to be an urban area, for the purposes of this Act.

Section 3: Exemptions- A building or rented land may be exempted from the application of this Act by the State Government.

  • The provisions of this Act shall not apply to any building or rented land owned by the Government.

Section 4: Determination of Standard Rent –

  • The Controller shall, on application by the tenant or landlord,
  • And after holding such inquiry as deemed fit.
  • Fix the standard rent for such a building/ rented land on the basis of 10% of the aggregate cost of construction and the market price of the land on the date of commencement of construction.
  • The standard rent so derived shall be increased by 10% from the year of construction to the present year to arrive at standard rent for the given year.
  • In case of non- residential building the standard rent shall be fixed on the basis of 15% of the aggregate cost of construction and the market price of the land.

Explanation- For fixing the standard rent, the maintenance charges, Municipal Taxes including water and electricity charges shall be taken into account.

Section 5: Revision of Standard Rent in certain cases-

  • When the standard rent has been fixed for a building or rented land, no further increase or decrease in the standard rent shall be permissible for 3 years.
  • The standard rent shall be increased at the rate of 10% of the standard rent or agreed rent after every 3 years.
  • The dispute between the tenant and landlord w.r.t. the standard rent shall be decided by the controller.

 

Section 6: Increase in Standard Rent in certain cases admissible-

  • In cases where some addition, improvement or alteration or special repairs has been carried out by the landlord at written request of the tenant.
  • The standard rent as increased shall not exceed 10% of the cost of addition, improvement etc.

 

Section 9: Rent which should not have been paid may be recovered-

  • Such sum may be recovered within a period of 1 year after the date of payment, by the tenant or his legal representative from the landlord or his legal representatives.
  • The ‘legal representative’ has the same meaning as given in the CPC., 1908.

 

Section 10: Increase of rent on amount of payment of rates etc., of local authority-

  • The landlord shall be entitled to an increase of rent if after the commencement of tenancy any fresh rate, cess or tax is levied in respect of the tenanted premises by the Government or local authority.
  • The increase of rent shall not exceed the amount of such rate, tax or cess.

 

Section 11: Cutting off or withholding essential supply or service-

  • No landlord, either himself or through any other person, without just and sufficient cause cut off or withhold any essential supply or service.
  • The tenant may file an application to the Controller if the landlord contravences this provision.
  • The Controller may upon being satisfied, order the restoration of essential supplies or services (an interim order may also be passed without giving notice to the landlord).
  • The controller may order compensation not exceeding Rs.100, to be paid to the –

(a) Landlord by the tenant, if application was made frivolously or vexatiously.

(b) tenant by the landlord if the supply/service was cut without just and sufficient cause.

  • ‘Essential supply or service’ includes supply of water, electricity, lights in passages and on stair cases, conservancy and sanitary services.

 

Section 12: Conversion of a residential into non- residential building- no person shall convert a residential building into a non- residential building except with the written permission of the Controller.

 

Section 13: Landlord’s duty to keep the building in good repairs-

  • Every landlord is bound to keep the building or rented land in good and tenantable repairs.
  • If the landlord neglects or fails to make repairs, the tenant may make it himself and deduct the expenses of the repairs from the rent or otherwise, which shall not exceed 1/12th of the rent payable by tenant for that year.
  • If the landlord neglects or fails to make repairs without which the premises is no longer habitable or usable without undue inconvenience, the Controller may on an application filed by the tenant, permit the tenant to make such repairs, after giving opportunity of being heard to the landlord.

Provided the amount deducted by the tenant shall not exceed 3 month’s rent.

Section 14: Eviction of Tenants-

  • A tenant in possession of a tenanted premises shall not be evicted except in accordance with the provisions of this Act.
  • The landlord seeking eviction shall apply to the Controller who after giving opportunity of showing cause to the tenant is satisfied that-

(i) the tenant has not paid or tendered the rent due from him (non-payment of rent)

  • Proviso 1: if the tenant pays the rent due alongwith interest at the rate of 12% p.a., the

tenant shall be deemed to have paid the rent.

  • Proviso 3: No eviction if the tenant pays the rent due within a period of 30 days from the

date of order, or

(ii) the tenant has without written consent of the landlord –

  • transferred his rights or sublet the premises, or
  • used the building for any other purpose for which it was leased, or

(iii) the tenant has committed such acts as are likely to impair materially the value or utility

of the premises (material alteration), or

(iv) the tenant is guilty of nuisance, or

(v) ceased to occupy the building for a continuous time of 12 months without a reasonable

cause (Non-user)

  • A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession:

(a) in case of a residential building, if –

  • he requires it for his own occupation
  • it was let to the tenant for his being in the service or employment of the landlord, which has ceased now.
  • the landlord is a member of the Armed Forces of the Union and requires it for the occupation of his family.
  • the tenant has built or acquired vacant possession of or has been allotted, a residence.

(b) in the case of tented land, if –

  • he requires it for his own use, or
  • he requires it for construction of residential or non- residential building or for establishment of industry.
  • the tenant out his rented land to somebody else on higher rent.
    • in the case of any building or rented land
  • if he requires it to carry out any building work at the instance of Government or local authority or any Improvement Trust, or
  • if it has become unsafe or unfit for human habitation, or
  • is required bonafide by him for carrying out repairs which require the building to be vacated, or
  • required bonafide for the purpose of building or re-building or addition or alteration which cannot be carried out unless the building is vacated.
  • In case of any residential and non- residential building, if he requires it for use as an office or consulting room by his son who intends to start practice as a professional.
  • The Controller shall make an order, if he is satisfied, directing the tenant to put the landlord in possession on a specified date. If he is not so satisfied, he shall make an order rejecting the application.

 

  • The tenant may be given a reasonable time to vacate not exceeding 3 months in aggregated.
  • Where a landlord or his family member has obtained possession of the building, and does not occupy it himself or by his family member for whom it was required, for a continuous period of 12 months from the date of obtaining possession, or
  • If the possession was obtained under section 15(2), he does not occupy it for personal use for a continuous period of 3 months from the date of obtaining possession.
  • The tenant who has been evicted may apply to the Controller for a continuous period of 3 months from the date of obtaining possession,
  • The tenant who has been evicted may apply to the Controller for an order to restore possession.
  • Where the landlord has acquired any premises by Transfer, no application for possession of such premises shall be made on the ground in Section 14(3)(a)(i), unless a period of 5 years has elapsed from the date of such acquisition.
  • If the eviction application is frivolous or vexatious, the Controller may direct that compensation not exceeding Rs.500 to be paid by such landlord to the tenant.

 

  • Section 15: Right to recover immediate possession of premises to certain persons –
  • Where a person being in occupation of premises allotted to him by the Central Government, the State Government or any local authority, is required by general or special order by the Central or State Government or local authority,
  • To vacate such residential accommodation,
  • There shall accrue, on or from the date of such order, a right to recover the immediate possession of any premises let out by him.
  • This section does not confer a right under this section upon a person who himself/ him spouse or child, owns within the urban area, two or more dwelling houses.
  • Notwithstanding anything in this Act, or other law or contract, custom or usage to the contrary,
  • No compensation shall be payable by the landlord to the tenant,
  • Provided, where the landlord had received-

(a) any rent in advance from the tenant, he shall refund the amount within a period of 90 days from recovery of possession.

(b) any other payment – within the period oforesaid

Section- 16- special procedure for disposal of applications for eviction u/s (3) (a) (iii) and section 15-

  • Application filed – summons issued in the form specified in schedule – II
  • Countroller also shall direct the summons to be served by Registered Post, AD addressed to the tenant
  • If the circumstances of the case so require, also direct the publication of the summons in a local newspaper.
  • If summons is received back with an endorsement that tenant refused to take delivery, the controller shall deem that there is a valid service.
  • When the tenant appears after due service of summons, he shall file an affidavit to obtain the leave stating the grounds to contest the application for eviction.
  • In default of appearance of tenant, it shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction.
  • Where the leave to contest is granted, the controller shall commence the hearing as early as practicable.
  • The controller shall follow the practice and procedure of the court of small causes.
  • No appeal or second appeal shall lie against an order made under this section.
  • The High Court may call for the records of the case(revision).
  • The controller may also exercise the power of review in accordance with order 46 of CPC, 1908.

Section- 17:- Recovery of possession for limited period tenancies-

  • Where the landlord does not require the whole/part of any premises for a particular period,
  • And the landlord after obtaining the permission of the controller in prescribed manner.
  • Lets such premises for such period as agreed between tenant and landlord in writing.
  • And the tenant does not vacate such premises on the expiry of the said period,
  • The controller may place the landlord in vacant possession of such premises.

 

Section- 19:- leases of vacant buildings-

  • When a building constructed before the commencement of this Act, remains vacant for a period of 12 months,
  • The controller may issue notice to show cause to the landlord, on application by any person, as to why it should not be let out to a person who would pay the fair rent, and lease the same to such person.

 

Section 25:- Power to summon and enforce attendance of witnesses-

  • An appellate authority or a controller shall have the same powers of summoning and enforcing attendance of witnesses and compelling production of evidence as vested in court under the CPC, 1908.

Section -26:- execution of order- the order shall be executed by the controller as a decree of a civil court and the controller shall have all the power of a civil court for this purpose.

 

Section-28:- Power to transfer proceedings – The High Court

Section -30:- Penalties-

  • If any person contravenes any provisions of secs. 10, 11, 12 or 29 he shall be punishable with fine upto 1,000 Rs.
  • If any person contravenes section 7 or sec 8, he shall be punishable with imprisonment of upto 2 years and fine.
  • Whose the specified landlord or any of his dependants, evits a tenants u/s (2) and does not occupy the premises for 3 months or lets out to some other person,

Shall be punished with an imprisonment of upto 6 months or fine upto 1,000 Rs, or both.

No court inferior to that of  a Magistrate of First class shall try any offence punishable under this Act.

  • No court shall take cognizance of an offence, unless the complaint is made within 3 months from the date of the commission of the offence.

Section – 31:- Controller to exercise power of a Magistrate for the recovery of fine.

Section -33:- Power to make rules-The State Government.

Section -43:- repeal and savings – The HP Urban Rent Control Act, 1971 is repealed

Section – 35:- repeal of HP Ordinance No. 5 of 1987.

  • Schedule – 1:- List of dependants of the tenant.{section 2(j)}
  • Schedule- 2:- Form of summons for recovery of possession of bonafide requirement.

 

 

Preliminary Questions

  1. In which year the recent HP Urban Rent Control Act, (Amendment) has been placed:

(a) 2007

(b) 2008

(c) 2009

(d) None of these

 

  1. The Himanchal Pradesh Urban Rent Control Act, 1987 extends to –

(a) Any area administered by a municipal corporation.

(b) Any area administered by a notified area committee.

(c) Any area administered by a cantonment board.

(d) All the above.

 

  1. Under this Act, no landlord shall claim of receive any rent in execess of the:-

(a) Future rent

(b) Previous Rent

(c) Fair Rent

(d) All of these

 

  1. Who is not authorized to hear appeals against the orders made by the Rent Controllers?

(a) District and Session Judges

(b) Additional District and Sessions Judges

(c) Chief Judicial Magistrate

(d) All of the above.

 

  1. Under the HP Urban Rent Control Act, 1987, when court has the power to transfer proceedings.

(a) Supreme Court

(b) High Court

(c) District Court

(d) All of these Court

 

  1. The Rent Controller has been empowered to inflict penalty on the landlord, in case he is satisfied that the application for eviction was made by the Landlord on frivolous or vexatious grounds.

(a) Upto Rs. 1000

(b) Upto Rs 250

(c) Upto Rs. 500

(d) Upto Rs. 5000

 

  1. The Rent laws are subject- matters of under:-

(a) Entry 18 of List II, State List of the Constitution.

(b) Entry 6 of List III Concurrent List of Constitution.

(c) Both (a) and (b)

(d) None of the above

 

  1. The term “Tenant” within the meaning of Section 2 of the Himanchal Pradesh Urban Rent Control Act, 1987 does not include-

(a) Surviving spouse of the deceases tenant not living in the premises with the tenant at the time of his death.

(b) Parents of the deceased tenant living within him at the time of his death

(c) Son o the deceased tenant living with him at the time of his death

(d) Daughter-in-law, being widow of the predeceased son of the tenant living with the tenant at the time of his

death.

 

  1. A landlord who seeks to evict his tenant shall apply to the –

(a) Commisssioner

(b) State Governor

(c) Minister

(d) Controller

 

  1. 10% increase of rent shall be allowed from the expiry of the period under section 5(2)(a)(i)(ii) of the Act of every?

(a) 6 year

(b) 4 year

(c) 3 year

(d) 9 year

 

  1. In which of the following cases, the court held that “Improvement made before the determination of fair rent cannot be taken into consideration in allowing increase under section 6 of HPURC Act, 1987?

(a) Mangat Ram vs. Kedar Nath

(b) RAmji Dass vs. Roshan Lal

(c) Ishari Devi vs. Mahabir Prasad

(d) Bhagat Ram vs. Brij Nath

 

  1. In which of the following cases held that “Once the comtroller comes to the conclusion that the building is unsafe and unfit for human habitation, petition u/s 13 HP Urban Rent Control Act, 1987 becomes  meaningless?

(a) Anant Ram & Sons vs. Raghubar Dayal

(b) Bhagat Ram vs. Brifnath

(c) Rup Chand v. Gopi Chand

(d) Tirath Ram vs. Gurubachan Singh

 

  1. In which of the following case, the Supreme Court held that rendering of services cannot be a good consideration for subletting as it would be against rent laws?

(a) Dipak Bannerjee vs. Smt. Lila Bati, AIR 1987 SC 2055

(b) Rup Chand vs. Gopi Chand AIR 1989, SC 1416.

(c) Ram Dayal vs. Ram Charan Dass (1984) IRCR 282

(d) Brijender Nath vs. Harhsvsardhan, AIR 1988 SC 293

 

  1. In which of the following cases, the High Court has held that “The period of 30 days under third proviso to section 14(2) cannot be extended by Collector or Appellate Authority and Eviction of the tenant must follow:-

(a) Swami Bhandari vs. Sheela Sharma

(b) Krishna Kumar vs. Gurbex Singh

(c) KN Trding vs. Massonic Fraternity Shimla

(d) All of the above.

 

  1. The case Brijendra Nath vs. Harshvardan AIR 1988 SC. 293 is related with HPUR Act.

(a) Sec 14(2)(ii)(b) of the Act, 1987

(b) Sec 14(2)(ii)(a) of the Act, 1987

(c) Sec 14 (3) of the Act, 1987

(d) Sec 14 (3) (a)(iii) of the Act, 1987

 

  1. In which of the following case the court had held that it is obligatory on the part of the Controller to process an application filed for fixation of fair rent to its logical end?

(a) Dayawanti vs. Kirpa Ram AIR 1981 HP 6

(b) Surjit Singh vs. Pritam Singh,AIR 1975 HP 43

(c) RAmjit Dass vs. Roshan Lsl 1963, PLR 647

(d) Mangat Rai vs. Kedar Nath, AIR 1980 SC 1709

 

  1. Section 17 of Himachal Pradesh Urban Rent Control Act relates to-

(a) Leases of vacant building

(b) Penalties

(c) Execution of order

(d) Recovery of possession

18. In which of the following cases are related to HP Urban Rent Control Act,

(a) Ram Murthi vs. Bhole Nath

(b) Santosh Mehta vs. Om Prakash and other

(c) Both (a) and (b)

(d) None of the above

  1. Match List I with List II and select the correct answer by using the codes given below the list (HPURC) Act-

 

List I                                                                     List II

 

(a) Rup Chand vs. Gopi Chand                      (i)Subletting

(b) Bant Singh vs. Ram Chand                      (ii)Change of user

(c) Om Prakash vs. Sarla Kumari                 (iii)Arrears of rent

(d) Nath Sharma vs. Prem Lata                    (iv)Bonafide need

 

 

Codes:-

a.          b.                c.           d.

(a)         (i)        (ii)             (iii)        (iv)

(b)        (ii)       (iv)            (iii)        (i)

(c)         (i)        (iv)            (ii)         (i)

(d)        (iii)      (iv)            (ii)         (i)

 

  1. In which of the following cases, the Supreme Court held that “The services in lieu of the right of occupation would amount to receipt of rent under the Rent Act to create sub-tenancy” ?

(a) Dipak vs. Lilabati , AIR 1987 SC 2058

(b) Brijendra Nath vs/ Harshvardhan, AIR 1988 SC 293

(c) Mangat Rai vs. Kedar Nath , AIR 1980 SC 1709

(d) Rupehand vs. Gopi Chand, AIR 1989, SC 1416

 

 

  1. In which of the following cases, the Supreme court held that “Where no rent has been fixed by the controller, the landlord can receive the future rent in advance exceeding once month’s rent”?

(a) Rup Chand vs. Gopi Chand, AIR 1989, SC 1416

(b) MM Chawla vs. JS Sethi 1969 RCJ 913 (SC)

(c) Mangat Rai vs. kedar Nath AIR (1980) SC 1709

(d) Bhagat Ram vs. Brij Nath (1990) PLR & S 711

  1. Match List I with List II and select the correct answer by using the codes given below (HPURC Act):-

 

 

List – I                                                      List II

A. Bhagwandas vs. Kaushalya Dev              (i)  Landlord duty to keep the building good condition for rent

B. Bijendra Nath vs. Harshvardan               (ii) Change of user

C. Om Prakash vs. Sarla Kumari                   (iii) Arrear of rent

D. Bhagat Ram vs. Brij Nath                          (iv) Nuisance

 

Codes:-

A           B            C             D

(a)     (iv)        (ii)            (iii)       (i)

(b)     (iv)       (iii)            (i)          (ii)

(c)    (iii)       (ii)             (iv)       (i)

(d)     (ii)        (iii)            (iv)       (i)

 

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