<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2019 (3) TMI 675 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=376654</link>
    <description>Disputes arising from a lease governed by the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 were held to be non-arbitrable because the landlord&#039;s remedies for rent enhancement and eviction lie within the special statutory framework and involve matters in rem. The Court applied the principle that rights governed by exclusive welfare legislation cannot be contracted out of by an arbitration clause, so private reference to arbitration was unavailable. The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was found inapplicable on the facts, and the petition for appointment of a sole arbitrator was therefore not maintainable.</description>
    <language>en-us</language>
    <pubDate>Tue, 29 Jan 2019 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 14 Mar 2019 08:41:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=562728" rel="self" type="application/rss+xml"/>
    <item>
      <title>2019 (3) TMI 675 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=376654</link>
      <description>Disputes arising from a lease governed by the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 were held to be non-arbitrable because the landlord&#039;s remedies for rent enhancement and eviction lie within the special statutory framework and involve matters in rem. The Court applied the principle that rights governed by exclusive welfare legislation cannot be contracted out of by an arbitration clause, so private reference to arbitration was unavailable. The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was found inapplicable on the facts, and the petition for appointment of a sole arbitrator was therefore not maintainable.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 29 Jan 2019 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=376654</guid>
    </item>
  </channel>
</rss>