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...to the English law on the subject and on the basis of the same observed that the licensor must retain general control over the premises given to a person as a paying guest. He should also be a dominant occupier with the ...premises or a part thereof under any subsisting agreement or licence but this definition specifically excludes “paying guest” who but for this exclusion otherwise would also have been covered by the said definition...be anything; but for the purposes of the particular enactment its meaning and ingredients cannot be expanded or subtracted. Therefore, finding out the meaning of the words “paying guest” depending upon the ingredie...
...“licensee” under Section 5(4-A) is described as a person who is in occupation of the premises or such part, under a subsisting agreement for licence, given for a licence fee or charge. A “paying guest” is excluded from the ...and under Section 5(6-A), paying guest is described as a person — not being a member of the family—“who is given a part of the premises, in which the licensor resides, on licen...“paying guest” in Section 5(6-A) are not found in the definition of...
...of 1973 introduced section 5(4A) in the Rent Act, whereby the expression “licensee” was defined. The Act also introduced section 5(6A) defining the expression “paying guest”. Section 5(4A) defines “licensee” to mea.... “Licensee” by definition is a person who is in occupation of the “premises”. “Paying Guest” is “given” “part of the premises”. Thus, while the licensee is in occupation of “any premises” “or any...” or “any part thereof”, a paying guest too may be in occupation of “part of the premises” as a licensee. Since both these relationships partake the character of licence where “a part of the premi...
...“paying guest” is excluded from the definition of licensee and under Section 5(6-A), paying guest is described as a person - not being a member of the family - ...“paying guest” in Section 5(6-A) are not found in the definition of...“licensee” under section 5(4-a) which uses the words “who is in occupation of the premises or such part”, and those words are not found in the definition of “paying guest” in...
...of the premises and since under the amendment, ‘licensee’ is also included within the definition of ‘tenant’, on the allegations made by the plaintiff herself in the plaint, this would be a suit between the landlord and a t...been expressly excluded from the ambit of the definition of “licensee” given in cl. (4A) of s. 5 of the Rent Act. In other words, a paying guest is...s. 5 as a person, not being a member of the family, who is given a part of the premises, in which the licensor resides on licence. So even in the case of a paying guest, the expression “licensor” and “lice...
..., no note can be taken of the said notice or contention. From these definitions, it becomes clear that a Paying guest is also a licensee, but a licensee residing as a Paying guest does not fall in the ...was allowed to reside as paying guest. The trial Court in that case considering the language of section 5(6A) and the definition of Paying Guest, held that the licensor must reside in the...terms of the said agreement the appellant Nariman Dubhash along with his wife appellant No. 2 and servant were allowed to stay as paying guest at the premises occupied by Dhanjishaw and to pay Rs. 65...
...common lease right by a person not a member of the family may not arise. This is a plain and simple meaning flowing from the definition of the words ‘paying guest’ under the Act. Introducing any other...element or ingredient to give meaning to the words ‘paying guest’ as may be prevalent under any other law or under English law will be doing violence to the definition of the words ‘paying guest’ ...it failed to take into consideration that the definition of the term “unemployed youth” as contained in the aforementioned advertisement dated 18-1-2001 was decisive inasmuch as not only a person who...
...with the original member. Therefore, the only status, as rightly held by the two Courts below, of the petitioner was one of a “paying guest”. The learned Counsel for the respondents is right in contending that the ...suit flat as the “paying guest” on monthly compensation of Rs. 400/-. By this notice, the petitioner was also called upon to pay the arrears of charges amounting to Rs. 2,000/- forthwith. Since, the...Shri Punwani was only a member of the society. In this view of the matter, the Court found that the petitioner was inducted in the suit flat only in the capacity as a “paying guest” and had no other...
...of the opposite parties for conducting two paying guest homes, for profit making, which is a commercial purpose. Sec. 2(1)(d) of the Consumer Protection Act excludes a person who avails any service for consideratio...any notice and issued a bill for Rs. 30,214/-. It has badly affected the reputation of the complainant's paying guest home. So she was compelled to pay the penalty bill. Alleging deficiency of service...
ANUGRAHA PAYING GUEST HOME MUTTAMBALOM
PO KOTTAYAM PIN 686004 ...........Appellant(s) Versus
1. THE SECRETARY, KERALA STATE ELECTRICITY
BOARD...
...member of the family may not arise. This is a plain and simple meaning flowing from the definition of the words "paying guest" under the Act. Introducing any other element or...ingredient to give meaning to the words "paying guest" as may be prevalent under any other law or under English law will be doing violence to the definition of the words "paying .... RVNL undertakes corporate social responsibility initiatives.
3.1. The said intimation also extracted the definition of 'railways' as provided under the Indian...
...penalty. It is clarified that paying guest is not included in the definition of tenant/ sub-tenant."
12. On 10.11.2017, when the matter was...
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occupation of the appellant as accommodation for foreigners on paying guest basis or upon licence by the appellant it may...the acts of the petitioner hosting paying guest in the flat, it would be adequate security for the society to allow the petitioner to host paying guests in a manner which would not cause...
...penalty. It is clarified that paying guest is not included in the definition of tenant/ sub-tenant."
12. On 10.11.2017, when the matter was...
2
occupation of the appellant as accommodation for foreigners on paying guest basis or upon licence by the appellant it may...the acts of the petitioner hosting paying guest in the flat, it would be adequate security for the society to allow the petitioner to host paying guests in a manner which would not cause...
...categories of persons in occupation of the premises specified therein, who would otherwise fall within the definition of ‘licensee’, have been carved out of it by specifically saying so in the ...registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960; but does not include a paying guest, a member of a family residing together, a person...careful perusal of clause (4A) it appears that “dharmashala, home for widows, orphans or like premises” have been excluded from definition of “licensee” who can claim protection of section 15-A. The...
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...such compelling reason has been indicated to us by reason of which some more ingredients may be read in the term paying guest, other than which simply flow from the definition as provided. In the case in hand the .... A person answering the description of paying guest in accordance with Section 5(6-A) of the Act is to be treated as such without requiring fulfillment of any other condition:.. It is stated that...Prevention of Money Laundering Act, 2002 (PMLA) as an intermediary, contrary to the definition of Intermediary as given in Section 2(1)(n) of PMLA as amended on 15.02.2013...
...apply to certain premises. Then comes the definition section, namely, Section 7 and the definition of the term “landlord” appearing in Section 7(3), the definition of the term “legal representative” appear...includes also, in the case of joint family property, the joint family of which the deceased person was a member;7(7) “paying guest” means a person, not being a member of the family, who is...Reserve Bank of India where the Respondent's father was Deputy Governor. The father of Respondent became a tenant of the suit flat in or about 1969 and was paying monthly rent to Patel Volkart. The...
.... Petitioners have themselves raised ground that Respondent Nos. 2 and 3 intend to give a part of subject flat to "Paying Guest" in order to earn income. The definition of maintenance under the Act...filed by Petitioner No.1 against Respondent Nos. 2 and 3, which were registered as N.C.'s. It is the case of Petitioners, that Respondent Nos.2 and 3 intended to lease out two bed rooms to "Paying...
2-WP-14388-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION...
...
"paying guest", other than which simply flow from the definition as provided. In the case in hand the definition of the word 'paying guest' begins with "it...a different colour and meaning to the defined word. A person answering the description of 'paying guest' in accordance with Section 5(6A) of the Act is to be treated as such without requiring fulfilment of...after 1 October 1987 and thus not covered within the definition of Standard Rent in Section 7(14)(b) of the MRC Act. Respondent has filed Revision Application No. 62 of 2018 against Direction Nos. (2...
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"paying guest", other than which simply flow from the definition as provided. In the case in hand the definition of the word 'paying guest' begins with "it...a different colour and meaning to the defined word. A person answering the description of 'paying guest' in accordance with Section 5(6A) of the Act is to be treated as such without requiring fulfilment of...after 1 October 1987 and thus not covered within the definition of Standard Rent in Section 7(14)(b) of the MRC Act. Respondent has filed Revision Application No. 62 of 2018 against Direction Nos. (2...