P. J. IRANI versus THE STATE OF MADRAS

P. J. IRANI versus THE STATE OF MADRAS

Section 13 of the Madras Buildings (Lease & Rent Control) Act, 1949 does not offend Article 14 of the Constitution; the Government's order exempting the premises was not based on reasons countenanced by the policy or purpose of the Act and was ultra vires.

Parties
Appellant: P. J. Irani; Respondent: State of Madras; Respondent: T. S. P. Chidambaram Chetty
Jurisdiction
India
Judgment Date
21 April 1961
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Madras High Court Dated February 5, 1954 in Writ Appeal No. 28 of 1953
Outcome
Appeal allowed (majority); Order of High Court set aside; exemption notification quashed
Legal Topics
Exemption From Rent Control, Discretionary Power, Judicial Review, Equality Before Law
Constitutional Law Rent Control Exemption From Rent Control Discretionary Power Judicial Review Equality Before Law

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Parties

P. J. Irani

Appellant

State of Madras

Respondent

T. S. P. Chidambaram Chetty

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Madras High Court Dated February 5, 1954 in Writ Appeal No. 28 of 1953

Legal Issues

  1. 1 Whether section 13 of the Madras Buildings (Lease & Rent Control) Act, 1949 violates Article 14 of the Constitution
  2. 2 Whether the exemption order passed by the State Government under section 13 of the Act is legal

Ratio Decidendi

Section 13 of the Madras Buildings (Lease & Rent Control) Act, 1949 does not offend Article 14 of the Constitution; the Government's order exempting the premises was not based on reasons countenanced by the policy or purpose of the Act and was ultra vires.

Court Disposition

Appeal allowed (majority); Order of High Court set aside; exemption notification quashed

Orders

  • Judgment of High Court set aside
  • Notification dated June 4, 1952 under s.13 quashed