Judgment Search Results Home > Cases Phrase: administrator generals bengal amendment act 1940 Page 1 of about 9,533 results (0.099 seconds)

Atul Chandra Das(d) tr.lrs. Vs. Rabindra Nath bhattacharya(d)tr.lrs.&a ...

Court : Supreme Court of India

..... money lender amendment act, (act iv of 1931) * * (g) * (h) a loan made to or by the administrator general and official trustee of west bengal or the commissioner of wakfs or the official assignee or the official receiver of the high * 14 court in calcutta; (i) a loan or debenture in respect of which ..... which is in substance a loan but does not include- * * * * (a) * (b) * (c) a loan taken or advanced by, by the central government or any state government or by any local authority in west bengal; * * (d) a loan advanced before or after the (i) (ii) commencement of this act by a bank; or by a co-operative life insurance society, co- operative society, insurance company, life assurance company, life insurance corporation of india, mutual insurance company, provident insurance society or from a provident fund; (e) ..... wrong in relying on section 37a of the bengal money- lenders act, 1940 (hereinafter referred to as the state act ). ..... the bengal money lenders act, 1940. ..... in the case where any loan is secured by a mortgage and the mortgagor ostensible sells the mortgaged property on any of the conditions specified in sub-section (c) of section 58 of the transfer of property act, 1882 (4 of 1882) then, notwithstanding anything to the contrary contained in the proviso to the said sub-section, the transaction shall always be deemed to be a mortgage by a conditional sale and the ..... whether the present suit is a suit under the bengal money lenders act, 1940 (hereinafter referred to as the said act). .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... of statutes is not admissible has been generally accepted in england, and the same rule has been observed in the construction of indian statutes see administrator-general of ..... issued by the central government in the official gazette on 13.4.2015, the consideration of the njac bill and the passing of the njac act, prior to the coming into force of the constitution (99th amendment) act, would render it null and void, the learned attorney general invited our attention to article 118, which authorizes, each house of parliament, to make rules for regulating their procedure, in the ..... chief justice of india, transfer a judge from one high court to any other high court (2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963 , as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such ..... discussion is that mandatory consultation between the president and the chief justice of india postulated in the constitution is by-passed bringing about a huge alteration in the process of appointment of judges; the 99th constitution amendment act and the njac act have reduced the consultation process to a farce a meaningful participatory consultative process no longer exists; the shared responsibility between the president and the chief justice of india in the appointment .....

Rampada Majhi Vs. Nagendranath Chakravarty

Court : Kolkata

Reported in : 1968CriLJ557

..... the bengal municipal (second amendment) act, 1954 amended section 551 and under the amended section the administrator was empowered to exercise all the powers and duties which could be exercised and performed by the chairman and by the commissioners under the provisions of the bengal municipal act or any other act or any ordinance or any regulation, or any rule, by-law, order, notification or subsidiary legislation made under the provisions of the bengal municipal act or such other act or such ordinance or such regulation. ..... even if it is assumed that the municipality is superseded by an order under section 553, the administrator succeeds, and under section 19 of the bengal general clauses act 1899, the administrator is the local authority within the meaning of section 2(viii) of the prevention of food adulteration act. ..... cease to exist even with the supersession of the chairman and the commissioners and as it is a body corporate having a perpetual succession, the administrator appointed under section 554 of the bengal municipal act gets all the powers and duties of the municipal board under section 18 of the general clauses act, 1897 and as such whatever the administrator dues, he does as the municipal board and the written consent given in this case is the written consent of the municipal board .....

In Re: G.T. Williams

Court : Kolkata

Reported in : AIR1924Cal115

..... on behalf of the administrator-general of bengal to whom a grant has been issued, and who has paid under protest the fee at the enhanced rate prescribed by bengal act iv of 1922 in respect of all the assets, it is contended, first, that the bengal court fees act of 1922 is ultra vires, second, that if it is intra vires, it was not competent to the bengal legislature to enhance the fees on assets outside bengal. ..... on behalf of the administrator-general it is contended that the bengal court fees (amendment) act, 1922, extends only to bengal and that the bengal legislature cannot impose a tax on property in another province. ..... now as i understand the argument for the administrator-general on this first point, it is this that the fee is a stamp duty because it is collected by stamps under the provisions of section 25 of the court fees act, 1870, and inasmuch as that act is an act of the governor-general in council, it is a duty, of which the amount is fixed by indian legislature and that it cannot therefore be altered without the previous sanction of the governor-general, which admittedly has not been obtained in this case.7. .....

In Re: Goods of G.T. Williams

Court : Kolkata

Reported in : 75Ind.Cas.466

..... on behalf of the administrator-general of bengal to whom a grant has been issued, and who has paid under protest the fee at the enhanced rate prescribed by bengal act iv of 1922 in respect of all the assets, it is contended, first, that the bengal court-fees act of 1922 is ultra vires; second, that if it is intra vires it was not competent to the bengal legislature to enhance the fees or assets outside bengal.3. ..... on behalf of the administrator general it is contended that the bengal court-fees (amendment) act. ..... the second question is whether, assuming the act is not ultra vires, the fee is to be levied at the enhanced rate prescribed by the bengal court-fees amendment act of 1922 (act iv of 1922) on the whole estate, or whether the enhanced fee is payable only on that portiol thereof which is situate in bengal, the fee in respect of the assets outside bengal being leviable at the lower rate prescribed by the court-fees act of 1870, as amended by subsequent acts of the imperial legislative council.2. ..... the first is whether the bengal court-fees amendment act of 1922 (act iv of 1922) is ultra vires. .....

Satyadhyan Ghosal and ors. Vs. Sm. DeorajIn Debi and anr.

Court : Supreme Court of India

Reported in : AIR1960SC941; [1960]3SCR590

..... administrator-general of bengal the facts in hook's case were that in an administration suit the high court had held that certain conditions of a will had not been fulfilled and there was not an intestacy as to the surplus income, rejecting a contention on behalf of the next of kin that the ..... on this question we have already decided, as already indicated above, in mahadeolal kanodia's case , that section 28 after its omission by the amending act is not available in respect of proceedings pending on the date of the commencement of the thika tenancy ordinance of 1952. 22. ..... 1(2) of the calcutta thika tenancy amendment act which provided that the provisions of the calcutta thika tenancy act, 1949, as amended by the 1953 act shall apply and be deemed to have always applied to proceedings pending on the date of the commencement of the calcutta thika tenancy ordinance of 1952 ..... by the time the revision application was taken up for hearing the calcutta thika tenancy ordinance had come into force on october 21, 1952, and the calcutta thika tenancy (amendment) act, 1953, had come into force on march 14, 1953. 3. ..... 28 of the original thika tenancy act was not available to the tenants after the thika tenancy amendment act came into force. ..... 28 of the original act cannot, after the amending act came into force, be applied to any proceedings pending on the date of the commencement of the calcutta thika tenancy ordinance, ..... 1(2) of the calcutta thika tenancy amendment act, 1953, it should be held that .....

Gopi Kanta Sen Vs. Abdul Gaffur and ors.

Court : Supreme Court of India

Reported in : [1968]1SCR170

..... administrator-general of west bengal : [1960]3scr578 , where it was held that a thika tenant against whom proceedings for execution of the decree for eviction were pending and who had applied for relief under ..... as abdul guffur came under the definition of a thika tenant by the amending act of 1953 we have to proceed on the basis that he was such a tenant in 1949 with the result that he could claim the benefit of ..... (6) to have the same meaning as those used in the transfer of property act, 1882 and the bengal tenancy act, 1985 it would, but for the amendment of the definition of a thika tenant, have meant only those persons who inherited from tenants and not those who acquired by ..... gaffur preferred a second appeal to the high court and this was heard and disposed of by a single judge of that court on july, 21, 1954, long after the thika tenancy ordinance of 1952 and the amending act of 1953 had come into force. ..... 14, 1953 the calcutta thika tenancy (amendment act), 1953 was passed amending the definition of thika tenant still further and introducing important changes in the act of 1949. ..... result seems to be that after the amendment act of 1953 came into force, the position of a tenant had to be examined in the light of the act as it finally emerged. ..... (1) of the section which enacted that - 'save as provided in sub-section (2), the provisions of the said act as amended by this ordinance, shall apply to all cases pending before a court or controller on the date of the commencement of this .....

Ms. Vaishali Satish Ganorkar and anr. Vs. Mr. Satish Keshaorao Ganorka ...

Court : Mumbai

Reported in : AIR2012Bom101; 2012(2)ALLMR737; 2012(3)MhLj669

..... . it laid down what must be done to conclude its retrospective operation - we must look at the general scope and purview of the statute and at the remedy sought to be applied and consider what was a former state of the law and what the legislation contemplated.in our case the general scope and purview of the amendment act of 2006 is to make all daughters coparceners so as to devolve upon them the share in coparcenery property along with ..... . for granting such retrospectivity the legislation made an express provision as to the date from which the act would come into effect.considering also the provisions of the west bengal rent control (amendment) act 1950 which was held to be retrospective by the full bench of the calcutta high court in the case of ..... is hereby declared that clause (ii) of sub-section (1) of section 7 having been retrospectively substituted by clause (a) of section 6 of the maharashtra ownership flats (regulations of the promotion of construction, sale management and transfer) (second amendment) act, 1986 (mah.xxxvi of 1986) (hereinafter in this section referred to as "the amendment act"), it shall be deemed to be effective as if the said clause (ii) as so substituted had been in force at all material times; and the expression "or construct any additional structures" in clause (ii) of sub-section(1) of ..... administrator general of west bengal air 1960 sc 936)(a) it may be mentioned that section 6 creates substantive rights in favour of a daughter as a coparcener; it .....

Sugalabai Vs. Gundappa A. Maradi and ors.

Court : Karnataka

Reported in : ILR2007KAR4790; 2008(2)KarLJ406

..... (1). that being so, when parliament stepped in and enacted the central amendment act, it being a later law made by parliament 'with respect to the same matter', the west bengal amendment act stood implied repealed.emphasis supplied ..... that the said question will have to be determined on the basis of the date of passing of the final partition decree by metes and bounds and where the preliminary decree had been passed prior to the commencement of the amending act, the final decree passed after such commencement, daughter would be entitled to a share in the coparcenary property under clause (ii) of the said section 29-a and observed that since the legislation is beneficial and placed on the ..... v. administrator general of west bengal : [1960]3scr578 , have been extracted and they are as under:(1) statutory provisions which create or take away substantive rights are ordinarily ..... law.(iii) the general rule is that high court will not interfere with concurrent findings of the courts ..... void. to the general rule laid down in clause (1), clause (2) engrafts an exception, ..... act. if there is ambiguity in the terms of a provision, recourse must naturally be had to well established principles of construction, but it is not permissible first to create an artificial ambiguity and then try to resolve the ambiguity by resort to some general .....

Chundy Churn Law Vs. Rohini Kumar Sarkar and ors.

Court : Kolkata

Reported in : AIR1934Cal119

..... the munsif has referred to the object of the proviso as explained in the notes on clauses; but it is not a right method of interpretation of statutes to refer to proceedings of the legislature as aids to the construction of a statute: see administrator general of bengal v. ..... on the other hand while the legislature has made the proviso in so far as it relates to abwab (section 74) inapplicable to leases registered before the commencement of the bengal tenancy amendment act 1928 (section 74, clause 3) it has made no such provision with reference to the applicability of section 67 of the act. ..... we are of opinion that the proviso to section 179 as amended by act 4 of 1928 applies to leases created before the bengal tenancy act, 1885, came into operation, and makes it impossible for the landlord to recover by suit interest exceeding that mentioned in section 67 even in respect of tenancies created before the bengal tenancy act came into force. ..... to leases executed after the passing of the amended bengal tenancy act (act 4 of 1928 b.c.). ..... l) our view is that on a proper construction of the kabuliat which was executed long before the enactment of the bengal tenancy-act of 1885 there can be no doubt that the plaintiff is entitled to realize both interest and damages. .....