Court : Kolkata
Reported in : (2000)2CALLT125(HC)
..... in the holding may within three months of the date of such transfer, or any co-sharer raiyat of the holding may, within three months of the service of the notice given under subsection (5) of section 5, or any raiyat possessing land adjoining such holding, may, within four months from the date of such transfer, apply to the munsif having territorial jurisdiction, for transfer of the said portion or share ..... is clear that the provisions of the limitation act are necessarily excluded, then the benefits conferred therein cannot be called in aid to supplement the provisions of the act in our view, even in a case where the special law does not exclude the provisions of sections 4 to 24 of the limitation act by an express reference, it would nonetheless be open to the court to examine whether and to what extent the nature of those provisions orthe nature of the ..... agriculturists relief act, 1934 was a suit and that the decision whether the proceedings under the 1934 act were a suit or not would not depend merely on the fact that ..... of limitation different from the period prescribed by the schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in section 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1955Cal341,58CWN1049
..... the question whether the case comes under clause (c) or clause (d) is of no practical importance in this case, because in either case the plaintiffs will have a right to value their own relief subject, of course, to the provisions of section 8, court-fees act under which the court is given the power to revise the valuation put by the plaintiff, if it appears to the court to be grossly inadequate.in view of the full-bench decision of this court however in the case of -- 'narayangunj ..... on behalf of the state, tiie learned senior government pleader has contended that the case really comes under section 7(iv)(c), court-fees act; on a consideration of the prayers made by the plaintiffs in their plaint, it seems to me that the prayer for injunction is really a consequential relief which flows from or is ancillary to the prayer for declaration made by the plaintiffs in their plaint. ..... so tar as the decision of the subordinate judge is concerned, the plaintiffs are perhaps protected by the provision of section 11, suits valuation act which provides that 'an objection that by reason of the over-valuation* * * * of a suit * * * a courtof first instance * * * which had notjurisdiction with respect to the suit * * *exercised jurisdiction with respect thereto shallnot be entertained by an appellate court unless ..... panda, who has represented to methat his clients being agriculturists cannot at thisseason of the year, collect sufficient funds for payment of deficit court-fees. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal373
..... the munsif found that the so called usufructuary mortgage was an out-and-out sale and that though, no doubt, behari was not an agriculturist he held the land with no power of transfer and so decreed the suit. ..... he was certainly not an agriculturist and he had gone to live elsewhere. ..... nothing to show that his predecessors were agriculturists either. ..... 309 where it was held that previous to the passing of the transfer of property act tenancies of homestead land created for the purpose of habitation were not transferable except by custom or usage and that case further laid down that where there had been an implied surrender of the land and ..... the proviso to section 108(j) expressly excludes non-transferable homestead and further this tenancy with its incidents came into existence before the passing of that act. ..... firstly, it is urged that as both the courts have found that the land was not agricultural but homestead land the bengal tenancy act cannot apply and no relief can be obtained on abandonment. ..... secondly, it is urged that if the transfer of property act applies the plaintiff cannot challenge the transfer. ..... as to the application of the bengal tenancy act it may be that it does not by itself apply. ..... but as to the transfer of property act it appears to us clear that it also does not apply. ..... the tenancy had been in existence, it would appear, long before the passing of the transfer of property act or the bengal tenancy act. .....
Tag this Judgment!Court : Kolkata
Reported in : 90Ind.Cas.805
..... or three years during which the defendants merely held their shop and resided on the disputed land, and held jotes at malhati, they could not invoke the aid of section 182 of the bengal tenancy act, there can be no manner of objection under a long course of rulings of this court to their claiming the protection of that section after they became agriculturists at sanko and carried on agriculture from their residence at sanko which was also used as a shop. ..... he further found that they subsequent to the taking of the land for the shop had acquired certain other occupancy jotes in the vicinity and hence he held that under the provisions of section 182 of the bengal tenancy act they must be considered to be holding the lands that had been taken for the purpose of a shop as occupancy raiyats and hence they could not be evicted. ..... in the suit out of which this appeal has arisen the plaintiffs sued to eject the defendants under section 111 of the transfer of property act, on the ground that their lease had expired. ..... i do not think that the provisions of section 182 of the bengal tenancy act can be held to apply to the present case. ..... in these circumstances i agree with my learned brother in the judgment just delivered that section 182 of the bengal tenancy act has no application to this case. ..... in my opinion, section 182 has no application to the present case and this land is governed by the provisions of the transfer of property act and not by the provisions of the bengal tenancy act.4. .....
Tag this Judgment!Court : Kolkata
Reported in : 34Ind.Cas.152
..... three years during which the defendants merely held their shop and resided on the disputed land and held jotes at nalhati, they could not invoke the aid of section 182 of the bengal tenancy act, there can be no manner of objection under a long course of rulings of this court to their claiming the protection of that section after they became agriculturists at sanko and carried on agriculture from their residence at sanko, which was also used as a shop. ..... 536, and it was held that for the application of section 182 of the bengal tenancy act it was not necessary that the homestead and the raiyati should be either in the same village or under the same ..... that the homestead and the raiyati need not be in the same village or under the same landlord and section 182, bengal tenancy act, applied when both were different. ..... incidents of their tenure of the homestead are, therefore, governed by the bengal tenancy act, as no local custom to the contrary is alleged or proved. ..... rampini held that if a raiyat holding jotes with occupancy rights in a village holds bastu land in the same village, not as a raiyat but separately from his raiyati holding, he would, in the absence of a local custom to the contrary, have a right of occupancy in the homestead also. ..... the question whether the tenancy is governed by the transfer of property act or by the bengal tenancy act was raised in the previous case, but in view of the finding on the question of notice the court did not think it necessary to go into the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1974Cal39
..... substance, or 'its true nature and character', for the purpose of determining whether it is legislation with respect to matters in this list or that............in my opinion this rule of interpretation is equally applicable to the indian constitution act'in that case, the question of vires of the madras agriculturists relief act was 'before the court. ..... act, 1867, may in another aspect and for another purpose fall within section 91 and specially relied on the observation of sir barnes peacock at page 131 of the report where his lordship said:'as such they cannot be said to interfere with the general regulation of trade and commerce which belongs to the dominion parliament, and do not conflict with the provisions of the canada temperance act, which does not appear to have as yet been locally ..... it clear that a reserve force is not intended to be deployed in ordinary circumstances, but is intended to be deployed whenever the situation develops to such an extent, and in such a manner, that the force available is not adequate to cope with it56. ..... of a federal law which the federal legislature is competent to enact or to any provision of an existing indian law with respect to one of the matters enumerated in the concurrent legislative list, then, subject to the provisions of this section, the federal law, whether passed before or after the provincial law, or, as the case may be, the existing indian law, shall prevail and the provincial law shall, to the extent of the repugnancy, be void. .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)2CALLT231(HC),2008(3)CHN1005
..... in the second place we cannot ignore the object of the legislature in enacting this law which was to grant relief to the agriculturists and that any beneficial measure of this kind should, as far as permissible, be interpreted in such a way as to carry out the main object which the ..... banerji cannot be said to have any application whatsoever in the instant case as therein this court while considering the provisions of section 47 of the persons with disabilities (equal opportunities) protection of rights and full participation) act, 1995 held that the language thereof is plain and certain statutory obligation on the employer was case to protect an employee acquiling disability during service and only in that situation, it was observed; ( ..... been held as follows:the answer to this question must be in the negative for two reasons; first, having regard to the obvious policy and object of the act, if section 79(1) is capable of two constructions that construction should be preferred which furthers the policy of the act and is more beneficial to the employees in whose interest the act has been passed. ..... rejection was that the relevant circulars were duly communicated to the existing employees through display, on the notice boards of the sections/departments by the concerned h.o.ds and the option had been exercised by thousand of employees. ..... but, on the other hand, if the words used in the section are reasonably capable of only one construction and are clearly contractable (sic) in regard to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal59,72CWN299
..... share or shares in such manner as it may think fit and offer to sell the same to such shareholder at the price so ascertained, if two or more shareholders severally apply for leave to buy as provided in sub-section (1), the court shall order a sale of the share or shares to the shareholder who offers to pay the highest price above the valuation made by the court. ..... it was held by a learned single judge of the madras high court that a sale under section 6 of the partition act must be open to the public as sub-sections (2) and (3) of that section clearly contemplate the presence of bidders other than the shareholders at the sale. ..... in (1911) 15 cal wn 555 fn on the ground that the property was a family dwelling house in which the plaintiff, a stranger had acquired an interest and consequently under section 4 of the partition act, he could not claim a share in the property much less could he claim to acquire the property at a valuation. ..... sale of premises no24 guruprasad chowdhury lane by private treaty to the best purchaser or purchasers confining the sale to membersof the family of the parties, is set aside.the decree is varied to the extent thatthe commissioner of partition is directed to sell the premises by public auctionin compliance with the provisions of section 6 of the partition act. ..... kali kinker, (1884) ilr 10 cal 675 ..... in (1884) ilr 10 cal 675 this court reversing a decree of the lower appellate court by which compensation was ordered to be paid to the defendant, directed .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal361
..... judges who decided kailash chandra bhoumik's case, 23 gal wn 190: (air 1919 cal 837) considered that as a matter of law 'it is plain, in view of the provisions of section 110 of the transfer of property act that the intention of the parties must have been in the absence of indication to the contrary, that the lease would take effect from the date of the execution of the instrument.' 17 ..... the contract, mere delay is not a ground for refusing specific performance; but at the same time the principle is well-recognised that the jurisdiction to decree specific performance being discretionary (section 22 of the specific relief act) if there is delay or laches on the part of the plaintiff, which has induced the defendant to alter his position such delay or laches may be considered as a sufficient ..... lease. but i fail to see why the parties who are presumed to know the law cannot be said to have contemplated that in view of the provisions of section 110 of the transfer of property act therewas no necessity of any express stipulation as to the date of the commencement of the lease unless of course they wanted to have a date of commencement different from the ..... in my view the grant of a decree for specific performance when there has been a change of status quo since the contract, which has been contributed to a large extent by the dilatory conduct of the plaintiffs, will be inequitable, and the delay and laches on the part oil the plaintiffs in the facts and circumstances of this ..... .....
Tag this Judgment!Court : Kolkata
Reported in : 80CWN153,[1976]105ITR450(Cal)
..... the court can thus invoke this practice in an action on an assigned bill of costs in order to give an adequate relief to the assignee who has a statutory right under section 130 of the transfer of property act to enforce his claim and to 'sue or initiate proceedings for the same' apart from directing taxation of the bill with a direction on the solicitor to appear before the officer concerned at the time of ..... wealth-tax return and, therefore, the tax officer included them in the computation of his net wealth, but the tribunal deleted the same by holding that the tax officer has no power to do so under section 7(2)(a) of the act, because it would amount to a changing of the cash system of book-keeping into a mercantile system of accounting. ..... the following questions of law of great importance are involved in this reference under section 27(1) of the wealth-tax act, 1957, hereinafter stated as the ' act' : '(a) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the 'outstandings' due to the firm constituted assets the value of which was required to be included in its ..... the report, in thefollowing terms:'it was held that the definition of the word 'assets' in section 2(e) and that of 'net wealth' in section 2(m) were comprehensive provisions and all assets were included in the net wealth by the very definition. ..... m'cutchan, [1884] 12 qbd 518 by the queen's bench division that a suit is maintainable by an assignee of a solicitor's bill .....
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