Questions and answers on law(Part 48)

Q 1:- Whether in appeal against eviction decree Under Maharashtra rent control Act, Court should pay compensation from the date of  rent agreement or from the date of order? What is the position if eviction decree is under Transfer of property Act?

Ans:- If suit is under Rent Act then interim compensation from the date of decree.If suit under TP Act, then interim compensation at market value  from the date of determination of tenancy i.e. expiration of period of termination notice.

Read full Judgment here: Click here

Q 2:- Petition under sec 163A can be converted into Sec 166 MV Act?

Ans:- Therefore, we answer this question in the affirmative by holding that a claimant can move the court for amendment of his claim petition filed under section 166 to that of a petition under section 166-A at any stage of the proceedings and it would be for the concerned court to pass an order on that application in accordance with law.

Karnataka High Court

Rama Bommayya Naik vs Anilkumar Ayyappan Pillai on 22 March, 2018

Author: B.A.Patil

https://www.lawweb.in/2021/09/whether-petition-under-s-166-of-mv-act.html

Q 3:- If a person fails to pays property tax for five years. Whether municipal corporation can carry forward said tax and claim property tax for six years from said person?

Ans:- [150A of MMC Act:-  Power to assess in case of escape from assessment. - Notwithstanding anything to the contrary contained in this Act or the rules made thereunder, if for any reason any person liable to pay any of the taxes or fees leviable under this Act has escaped assessment in any year, the Commissioner may, at any time within six years from the date on which such person should have been assessed, serve on such person a notice assessing him to the tax or fee due and demanding payment thereon within 15 days from the date of such service, and the provisions of this Act and the rules made thereunder shall, so far as may be, apply as if assessment was made in the year to which the tax or fee relates.]

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