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Feb 19 1979

Union of India (Uoi) Vs. Shankar Narayan Gupta

Court : Kolkata

Decided on : Feb-19-1979

Subject : Tenancy

Acts : West Bengal Premises Tenancy Act, 1956 - Sections 1(3) and 13(6); ;West Bengal Premises Tenancy (Amendment) Act, 1965; ;Constitution of India - Article 14; ;Transfer of Property Act, 1882 - Section 106; ;Code of Civil Procedure (CPC) , 1908 - Section 80

Reported in : AIR1979Cal185,83CWN651

lease by the defendant Union of India at a monthly rental of Rs. 4,000/-. The plaintiff determined the tenancy of the Union of India by, the service of a notice to quit under Section 106, of the … Act. 6. Mr. Bankim Chandra Dutt, learned Advocate appearing on behalf of the plaintiff respondent, has challenged the constitutional validity of the proviso in so far as it impliedly applies the provisions of the Act to the

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Apr 13 1973

Hakim Singh Vs. Shiv Sagar and ors.

Court : Allahabad

Decided on : Apr-13-1973

Subject : Constitution

Acts : Uttar Pradesh High Court (Abolition of Letters Patent Appeals) Act, 1962; Uttar Pradesh High Court (Abolition of Letters Patent Appeals) (Amendment) Ordinance, 1972; Uttar Pradesh High Court (Abolition of Letters Patent Appeals) (Amendment) Act, 1972 - Sections 4; Constitution of India - Articles 14, 225, 226, 228, 245 and 246

Reported in : AIR1973All596

made by the Board of Revenue under the United Provinces Land Revenue Act. 1901. or the U. P. Tenancy Act. 1939 or the Uttar Pradesh Zamindari Abolition and Land Reforms Act. 1950. or by the Director of … the 'Amending Act') such an appeal was not maintainable. In the Special Appeal the petitioner has challenged the constitutionality of the Amending Ordinance and the Amending Act. At the time of the hearing of the Special Appeal

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Apr 18 1964

Azam Shah Vs. M.R. Tribunal and ors.

Court : Mumbai

Decided on : Apr-18-1964

Subject : Tenancy

Acts : Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 - Sections 38, 38(3) and 39; Bombay Tenancy and Agricultural Lands (Vidarbha Region) (Amendment ) Act, 1963 - Sections 6; Constitution of India - Articles 226 and 227

Reported in : AIR1965Bom76; (1964)66BOMLR605; ILR1964Bom843

also allotted to respondent No.4. Manoramabai gave a notice purporting to act under Section 38 of the new Tenancy Act to both Azimsha and Pandurang, terminating the tenancy of the lands in their possession to the extent … The contention of the learned counsel for the petitioner is that this petition under Article 227 of the Constitution is pending in this Court and therefore the amendment to sections 38 and 39 effected by the Maharashtra

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Feb 18 1957

Abdul Rahiman JamaluddIn Vs. Vithal Arjun and ors.

Court : Mumbai

Decided on : Feb-18-1957

Subject : Tenancy

Acts : Tenancy Law; Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 14, 29(2), 32(2A), 34(1), 34(2), 34(2A) and 34(2A)(1); Constitution of India - Articles 13, 14, 19, 19(1), 31, 31-A, 31-B, 227 and 368; Constitution of India (First Amendment) Act, 1951; Bombay Land Revenue Code - Sections 3(5), 5(3), 135-A and 135-B; Bombay Tenancy and Agricultural Lands (Amendment) Act, 1952 - Sections 8(1) and 8(3); Extra Provincial Jurisdiction Act, 1947; Ajmer Tenancy and Land Records Act, 1950 - Sections 112; Ajmer Government Wards Regulation, 1888 - Sections 6 and 7

Reported in : AIR1958Bom94; (1957)59BOMLR579

Shah, J.1. The petitioner challenges by this application the vires of Section 34(2A)(1) of the Bombay Tenancy and Agricultural Lands Act, 1948, as amended by Section 8(3) of Bombay Act 33 of 1952.2. The facts … and dismissing the application filed by the petitioner is challenged in this application under Art. 227 of the Constitution.8. It is urged on behalf of the petitioner that Section 34(2-A)(1) of the Bombay Tenancy and Agricultural Lands

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Jun 18 2002

The Model Manufacturing Company Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Jun-18-2002

Subject : TenancyConstitution

Acts : Specific Relief Act, 1963 - Section 34; ;Code of Civil Procedure (CPC) , 1908 - Section 80 - Order 6, Rule 17 - Order 7, Rule 11; ;West Bengal Premises Tenancy Act, 1956 - Sections 13, 17(1), 17(2) and 17(2A); ;Constitution of India - Articles 52, 77, 229 and 299; ;Income Tax Act, 1961 - Section 117; ;Limitation Act, 1963 - Schedule - Article 67; ;Central Board of Revenue Act, 1963

Reported in : (2002)3CALLT579(HC)

by law of limitation. The relationship between plaintiff and defendant No. 1 is governed by West Bengal Premises Tenancy Act, 1956.6. In the additional written statement so filed by the defendants as against the amendment of plaint, … purported agreement to quit and/or the notice to quit militates with the provision of Article 299 of the Constitution of India. The plaintiff duly accepted the withdrawal of the letter dated 16th May, 1988. The plaintiff has

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Apr 20 1951

S.B. Trading Co. Ltd. Vs. Shyamlal Ramchandra

Court : Kolkata

Decided on : Apr-20-1951

Subject : Tenancy

Acts : West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 - Sections 12, 12(1), 14 and 18(5); ;West Bengal Premises Rent Control (Temporary Provisions) (Amendment) Act, 1950; ;West Bengal Premises Rent Control (Temporary Provisions) Act, 1948 - Sections 9, 12(3) and 12(8); ;Constitution of India - Articles 14 and 19(1); ;Code of Civil Procedure (CPC) , 1908

Reported in : AIR1951Cal539

of 57 Clive Street, Calcutta, now Netaji Sabhas Road, on the ground of ipso facto determination of deft's. tenancy under Section 12 (3), Rent Act of 1948 for the failure to pay or deposit three consecutive months' … P.B. Mukharji, J.1. The validity of the recent amendments of the Rent Act of 1950 under the Constitution & specially the interpretation of Section 18 (5) of that Statute as amended are the important questions of

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Jan 12 1983

Rambhai Manja Nayak, Vs. Union of India

Court : Gujarat

Decided on : Jan-12-1983

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 52, 119, 269A, 269B, 269C, 269D(1), 269E, 269E, 269F, 269G, 269H, 269-I, 269J, 269J(1), 269K, 269K(1), 269L and S and 271 ;Constitution of India - Article 31(2); ;Wealth Tax Act, 1957 - Sections 18

Reported in : (1983)34CTR(Guj)230; (1983)1GLR623; [1983]142ITR211(Guj)

the bundle of rights in the property that is transferred under the instrument of transfer and since the tenancy rights of the petitioners in the said property were not transferred, constructive possession only having been delivered to … apprehending that they were likely to be dispossessed, preferred the present three petitions under art. 226 of the Constitution challenging the right of the Competent Authority to dispossess them in pursuance of the impugned notices, Annex. 'A',

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Sep 16 1996

Madan Singh Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Sep-16-1996

Subject : PropertyOther Taxes

Reported in : 1997(1)WLC510; 1996(2)WLN252

petitioner that Section 175 of the Rajasthan Tenancy Act is unconstitutional being violative of Article 14 of the Constitution. Suffice it to say in this regard that the provisions contained under Rajasthan Tenancy Act has been placed … being given to one having land less than the area prescribed by the rules made under the Rajasthan Tenancy Act, 1955,(ii) to persons residing in the village in which land be situated, preference amongst such persons being

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Apr 30 2007

Sri Sri Iswar Sitala Thakurani and ors. Vs. the State of West Bengal a ...

Court : Kolkata

Decided on : Apr-30-2007

Subject : PropertyCivil

Acts : West Bengal Land Reforms and Tenancy Tribunal Act; ;West Bengal Estate Acquisition Act, 1953 - Section 57B(2); ;Constitution of India - Articles 226 and 227

Reported in : (2007)2CALLT518(HC)

State-respondent and is directed against the order dated 23rd November, 2006 passed by West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 1522 of 2005 (LRTT) thereby refusing to accept the contention of the writ petitioners … 1. This application under Article 226/227 of the Constitution of India is at the instance of the owners of a land whose predecessor had obtained a decree

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Jan 20 1979

Sajjansingh Vs. the State of Raj. and Two ors.

Court : Rajasthan

Decided on : Jan-20-1979

Subject : Constitution

Reported in : 1979WLN(UC)32

Bhawani Singh and his daughter Rajerdra Kumari were holding certain lands in their own names. By the Rajasthan Tenancy (Amendment) Act, 1960, the Rajasthan Tenancy Act, 1955, hereinafter referred to as the 'Tenancy Act') was amended and … S.C. Agrawal, J.1. In this writ petition filed under Article 226 of the Constitution of India, the petitioner, Sajjansingh, who is an Ex-Jagirdar of Jagir Bagri. has challenged the order dated 5th

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