Court : Kolkata
Reported in : AIR1972Cal524,77CWN30
..... of rent, by making deposits or payments in respect of arrear dues as well as by continuing to pay the current dues in terms of sub-section (1) or sub-section (2) of section 17 of the act. if the sponsors of the statutes think that even a defaulting tenant deserves a second opportunity so long as he is prepared to pay up all ..... that the second opportunity is not given to a tenant against whom an ejectment decree is passed or is goine to be passed on any other grounds mentioned in section 13 of the act. thus, if e landlord requires it for his own use there is no reprieve provided for the tenant. it is only when the landlord's complaint is based ..... the appeals for relief under the amended proviso to subsection (4). confronted with this situation it was argued on behalf of the landlords that the provisions of sections 2 (3) end 5 of act xxx of 1969 which introduced the relevant amendments in the proviso and also made it retrospective are ultra vires the constitution of india.27. of these three .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal1,76CWN1048
..... an unregistered document of transfer will not apply in certain cases. as the kobala in question is required to be registered under section 26-c of the bengal tenancy act the prohibition contained in section 49 does not apply and the kobala is admissible in evidence for purposes other than for establishing title. recently we expressed the ..... schedule kha. we may dispose of another point before considering the said ques-tion. the kha schedule land appertained to an occupancy holding. under section 26-c of the bengal tenancy act, the transfer of an occupancy holding can be effected only by a registered document of transfer. it was contended by mr. banerjee that as ..... ka schedule land which was gifted by kalibala in favour of the defendants' predecessor-in-interest dwarikanath by an unregistered deed of gift under section 123 of the transfer of property act a gift of immovable property must be effected by a registered instrument. in the instant case, the gift of the ka schedule properties was .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal168,77CWN129
..... of west bengal v. sebait of iswar shri saradiya thakurani, : air1971sc2097 . in the case before the supreme court which arose out of a proceeding under section 44 of the act, the tank was the absolute debattar property of the diety of iswar shri saradiya thakurani and the respondents were shebaits of the said deity. in the district ..... by him that the appellants were non-agricultural tenants and as such they were not intermediaries within the meaning of the term 'intermediary' as defined in section 2 of the act and their interest in the disputed tank had not vested in the state. these two points were not taken in the courts below or before the ..... appellants also sought to make out a case in the courts below that they were intermediaries but they retained the disputed tank which is a tank fishery under section 6 of the act.7. mr. roy chowdhury, learned advocate appearing on behalf of the appellants raised two contentions. firstly, it was contended that even assuming that the appellants .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal459,76CWN983
..... observation by the learned judge to the effect that the corporation had no power to allow an unauthorised construction to continue by virtue of an order under section 414 of the act. if, by the said observation, it was meant by the learned judge that the commissioner had no discretion at all, in an appropriate case, not ..... as noticed before, authority has been given to the commissioner to order demolition, alteration and stopping of unlawful work in respect of such buildings by virtue of section 414 of the act. if an application is made for sanction, the said sanction should be granted in accordance with the rules provided. relaxation is only possible in the manner ..... calcutta, (1965) 69 cal wn 249. in the aforesaid view of the matter their lordships felt that two questions of importance arose, namely :--'1. under section 414 of the calcutta municipal act, 1951- has the commissioner an absolute discretion to make or not to make, an order of demolition ?2. can he refuse to make an order, where .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal342
..... the learned land acquisition judge very correctly made some allowance for the rise in price between the 1958 or 1958 and 1959 when the relevant notification under section 4 of the land acquistion act was published. the problem is one of determining the value of the hazra road land with reference to the value of the nafar kundu road land. ..... at market rates prevailing at the material time. the persons interested in the land were dissatisfied with the collector's award and a reference was made as aforesaid under section 18 to the special land acquisition judge, alipore. at the time of hearing of the reference the owners produced a chartered surveyor and valuer as witness and also ..... documents on which the expert valuer cited by the claimant relied at the time of giving evidence. the valuer considered four sale documents. one was a document dated 23rd august 1950 (ext. 1) relating to premises mo. 13/2a, priya nath mallick road with an area of 1 cottah 12 chittacks and 35 sq. ft. which was sold .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal537,77CWN207
..... will pay the compensation is not relevant at this stage. the question will be considered at the time the state government makes a declaration under section 6 of the land acquisition act. it may so happen that the state government wilt pay the compensation out of the government fund and llireafter transfer the disputed land to the ..... . p. as well as for general improvement and street scheme no. xx of the development board. this notification was followed by a notification under section 6 of the land acquisition act. it was contended before the supreme court that as the acquisition was for the purposes of scheme no. xx of the board, action had to ..... subsidized industrial housing scheme was sponsored by the housing department of the u. p. government. the government of u. p. issued a notification under section 4 of the land acquisition act to the effect that two plots in dispute were required for the construction of tenements in the fourth phase of the subsidized industrial housing scheme sponsored .....
Tag this Judgment!Court : Kolkata
Reported in : 77CWN61,[1973]91ITR388(Cal)
..... the income from the trust properties. this information was passed on to the wealth-tax officer who on the basis of the said information initiated the proceedings under section 17 of the act. in that view of the matter, in my opinion, it cannot be said that there is no information upon which the respondent, wealth-tax officer, ..... disclose the material facts.2. mr. bhattacharjee contended further, that there was further no information in the record upon which the respondents can issue notice under section 17(1)(b) of the act. it appears, however, that before the income-tax officer the assessee conceded the point that the income-tax in respect of the income of the ..... officer has reason to believe that net wealth chargeable to tax for the assessment years 1963-64 to 1966-67 has escaped assessment within the meaning of section 17 of the wealth-tax act, 1957. the factsleading to the case are that the petitioner is the owner of softie properties including 12/1, nather bagan street, calcutta-5, and .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal295,76CWN1091
..... enforcing the said grosses copy by executing the same is one of the remedies kept alive by the said sub-section (2) of section 18 of the said act. we set out below sub-section (2) of section 18:--'18 (2). the repeal by sub-section (1) of any corresponding law shall not affect- (a) the previous operation of any such law; or ( ..... bench in sandar mawli dutt v the state. : (1952)56callt500(hc) . the special bench in that case had to consider only the chandernagore (application of laws) order, 1950.16. by section 18 of the chandernagore (merger) act, 1954, all the laws in force in chandernagore which had not tillthen been superseded were repealed but subsection (2) of ..... enforce the same and the pandits of courts will take steps for enforcement of the deed and on proper prayers being made to the commanders and officers of the army all of them will take initiative and take steps for enforcement of this deed.'31. the relevant french law about the notarial bonds and its enforcement is contained .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1974Cal29,77CWN695
..... a person from pakistan would no doubt be evidence that he was a pakistani national, but that evidence would be subject to the provisions of section 9(2) of the citizenship act.(ii) a court cannot decide whetheran indian citizen has acquired the citizenship of another country, but the only authority to so decide is the ..... governmentof india acting as a quasi-judicial tribunal under the provisions of section 9(2) of the citizenship act, 1955.(iii) section 9(2) oi the citizenship act and rule 3 of the citizenship rules are intra vires the constitution and valid law.(iv) ..... first, whether the appellants were citizens of india under the relevant provisions of the law. second, whether they are foreigners within the meaning of the foreigners' act and the rules and orders made thereunder. the question of migration incidentally came up for discussion before the trial court.14. the learned judge inter alia found in .....
Tag this Judgment!Court : Kolkata
Reported in : 1974CriLJ185
..... facts and circumstances referred to above the investigating officer submitted a prosecution report before the sub-divisional judicial magistrate, purulia for taking cognizance under section 4 of the bengal criminal law amendment act, 1942. the accused, subodh singh modak was thereafter released on bail. in course of the proceedings an application was filed on behalf ..... of the accused-petitioner praying for dropping the entire proceedings on the ground that the offence under section 4 of the bengal criminal law amendment act, 1942 being a non-cognizable offence the investigating officer could not have investigated into the same without the requisite order of a magistrate ..... but only related to a search in the house of subodh singh modak who was subsequently made an accused in the case under section 4 of the bengal criminal law amendment act, 1942 resulting in the seizure of a radio and a radio license. mr. banerjee contended that this search at the place of .....
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