Court : Supreme Court of India
Reported in : 2008(1)AWC948(SC); (SCSuppl)2008(2)CHN57; 2007(14)SCALE618; 2007(8)Supreme718; 2008AIRSCW271; 2008(1)LH(SC)427; 2008(1)ICC678; AIR2008SC2715; JT2008(4)SC351; 2008(4)KCCRSN316; (2007)14SCC81
..... learned counsel appearing for the appellant placing reliance on section 28 of the bengal general clauses act, 1899 (bengal act 1 of 1899) submitted that the notice shall be by registered post. ..... he further contended that in view of the fact that notice to quit was sent only under certificate of posting, the same is not valid in terms of section 28 of the bengal general clauses act, 1899, hence the eviction order cannot be sustained. ..... it is useful to refer to section 28 of the bengal general clauses act, 1899 which reads as under:28. ..... landlord against a tenant except on one or more of the following grounds, namely:(a) xxx xxx (b) where the tenant or any person residing in the premises let to the tenant has done any act contrary to the provisions of clause (m), clause (o) or clause (p) of section 108 of the transfer of property act, 1882 (iv of 1882);(c) xxx xxx xxx xxx xxx xxx(2) xxx xxx xxx(3) xxx xxx xxx (4) xxx xxx xxx(5) xxx xxx xxx(6) notwithstanding anything in any other law for ..... court in second appeal:(a) that the activities of threatening to kill the plaintiff, beating the son of the plaintiff and abusing him with filthy language would amount to nuisance and annoyance, furnishing a ground of eviction under clause (e) of section 13 (1) of the west bengal premises tenancy act, 1956;(b) that causing damage to the collapsible gate of the tenanted portion and putting up a concrete elevation of the floor, would amount to doing .....
Tag this Judgment!Court : Delhi
Reported in : 48(1992)DLT660; 1993(44)ECC101
..... the position, thereforee, is that the, bengal general clauses act 1899 is not applicable to the punjab excise act as extended to the union territory of delhi and the punjab general clauses act has not been extended to the union territory of delhi therefores. ..... preference was then sought to be made to the provisions of the bengal general clauses act. ..... section 24 of the said act is similar to section 21 of the punjab general clauses act and contains a provision regarding publication of draft proposed rules. ..... of the punjab general clauses act requires a draft publication of the rules, but the said act is not in force in delhi. ..... while referring to the punjab general clauses act it was submitted by mr. ..... in bileshwar khand udyog's case, section 58a of the bombay prohibition act, inter aha, provided that the state government may pass general or special orders directing the manufacture, import, export, storage, sale etc. ..... which reference to the extension of the bengal finance (sales tax) act to delhi by issuance of a notification under part-c states (laws) act, 1950 the supreme court observed that 'the result of a notification issued under that section is that the provisions of the law which is extended become incorporated by reference, in the act itself, and, thereforee, a tax imposed therein is a tax imposed by parliament. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2005)1CALLT94(SC); (SCSuppl)2005(1)CHN121; 2005(1)ESC109; JT2004(10)SC196; (2005)9SCC53; 2005(2)SLJ90(SC); (2005)1UPLBEC632
..... it further cannot be disputed that before such publication the procedure prescribed under section 24 of the west bengal general clauses act, 1899 had to be complied with. ..... section 24 of the west bengal general clauses act reads as under:'24. ..... 18402 of 1987 by directing publication of the special rules in terms of section 45 of the act and section 24 of the general clauses act. ..... in view of the aforesaid, we direct the state government to treat the rules mentioned in orders dated 1st march, 1994 as draft rules and proceed to follow the procedure contemplated by section 24 of the general clauses act. ..... --where by any bengal act or west bengal act, a power to make rules or by-laws is expressed to be given subject to the condition of the rules or by-laws being made after previous publication, then the following provisions shall apply namely:- (1) the authority having power to make the ..... the school is affiliated to the west bengal board of secondary education (for short, 'the board') and is governed by the west bengal board of secondary education act, 1963 (for short, 'the act'). ..... 'board' means the west bengal board of secondary education established under the act [section 2(a)]. ..... the west bengal board of secondary education (manner of hearing and deciding appeals by appeal committee) regulations, 1964 (for short, 'the regulations') and management of recognized non-government institutions (aided and unaided) rules, 1969 (for short, 'the rules) have been framed under the provisions of the act.4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC150; 1983CriLJ164; 1983(1)Crimes890(SC); 1982(2)SCALE1133; (1983)1SCC177; [1983]1SCR905
..... the effect of the central amendment act was that the west bengal amendment act stood impliedly repealed with effect from april 1, 1976 and the question is whether the previous operation of the repealed west bengal amendment act in respect of any liability incurred thereunder is preserved by section 8 of the bengal general clauses act, 1899 which is pari materia with section 6 of the general clauses act, 1897 both as to procedure for trial of such offences and the nature of punishment liable to ..... said that there was a liability incurred by the commission of an offence punishable under section 16(1)(a) of the act as amended by the west bengal amendment act and section 8 of the bengal general clauses act, 1899 preserved the continued operation of the repealed west bengal amendment act for imposition of that punishment. ..... the submission is that in view of clause(c), (d) and (e) of sub-section(1) of section 8 of the bengal general clauses act, 1899 which provide that if any law is repealed then unless a different intention appears, the repeal shall not affect any liability incurred under any enactment so repealed or affect any legal proceeding or remedy in respect ..... high court was justified in holding that the west bengal amendment act shall be deemed to have been obliterated from the statute book for all intents and purposes inasmuch as the central amendment act manifests an intention to the contrary so as to exclude the operation of section 8 of the bengal general clauses act, 1899. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC693; JT2008(6)SC586; 2008(7)SCALE539
..... ', 'government', 'government securities', 'high court', 'india', 'indian law', 'indian state', 'merged territories', 'official gazette', 'part a state', 'part b state', 'part c state', 'province', 'provincial act', 'provincial government', 'state', 'state act' and 'state government' shall apply also unless there is anything repugnant in the subject or context to all bengal and west bengal acts as extended to delhi.by virtue of section 5a of the bengal general clauses act, 1899, the definition of `state government', that is applicable to the state of delhi, is the definition under the ..... the definition of `state government' applicable in delhi is the definition under the bengal general clauses act, 1899 which has been extended to the state of delhi by sro 862 issued by the central government in exercise of powers conferred upon it under section 2 of part c states (law) act, 1950 and, therefore, the notification issued by the lt. ..... after the introduction of this article, the bengal general clauses act, 1899 would not have any application as the punjab courts act, 1918 has been made applicable to the national capital territory of delhi. ..... the bengal general clauses act, 1899 refers to the general clauses act, 1897. ..... section 5a of the bengal general clauses act, 1899 reads as under:5a. .....
Tag this Judgment!Court : Kolkata
Reported in : 2002(4)CHN659
..... of the petitioners that the rules had been made stiffer than those intended to be as communicated by the notification dated 27th march, 1997, the learned advocate general as well as the learned counsel appearing on behalf of the respondent corporation submitted that sub-section (4) of section 24 of the bengal general clauses act, 1899 obliges the authority having power to make rules not only to consider any objection but also to take into account suggestions and accordingly it cannot be suggested that ..... since section 600 of the act empowers the state government to make rules after previous publication, section 24 of the bengal general clauses act, 1899 squarely applies. ..... before, however, doing so one must look at section 24 of the bengal general clauses act, 1899, which is as follows:'24. ..... the challenge to rule 54 was withdrawn upon it having been pointed out by the learned advocate general that the petitioners were mistakenly proceeding on the basis that fourteen and half meters has been mentioned in sub-rule (1) of rule 54 of the act while, in fact, the same should be read as thirteen and half meters, as has been done.18. ..... where the order is the meat of the matter, the enabling act merely outlining the general purpose) or where the order replaces local acts or provisional orders and, most important of all, where the spending, etc. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1994Cal245
..... 15 of the bengal general clauses act, 1899 leaves no scope for any doubt that the state government has the power to amend, vary or rescind any earlier notification granting any exemption from payment of tax and may also issue fresh 'notification of ..... 25 of the bengal general clauses act, 1899 is also, attracted here. ..... 15 of the bengal general clauses act provides that where any power is conferred by an act such power may be exercised from time to time as occasion enquiries, unless a different intention appears. s. ..... 22 of the bengal general clauses act also is attracted in this case. ..... 25 of the bengal general clauses act has made it very clear that such a notification shall continue in force unless and until it is supereseded by any notification under the re-enacted provisions. ..... students. the petitioner will be at liberty to apply before the appropriate authority for tax exemption under both the west bengal motor vehicles tax act, 1979 and the west bengal additional tax and one time tax on motor vehicles act, 1989 and if any such application is made the appropriate authority shall consider and dispose of the same in accordance with law by passing a speaking, order within 12 weeks from the date of making of such application ..... 21 of the west bengal motor vehicles tax act, 1979 by delineating different clauses of motor vehicles for enjoying such exemption the state government was exercising its power of delegated legislation conferred upon it by the said section by a competent legislature. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... from such mineral-bearing land or quarry;(1c) 'development value' means a sum equivalent to five times the annualvalue of land as assessed under the cess act, 1880; ' ;(b) after clause (3), the following clause shall be added and shall bedeemed always to have been added ;-'(4) 'year' means a financial year as defined in clause (15) of section 3of the bengal general clauses act, 1899;';(2) in section 4, for sub-section (2), the following sub-section shall besubstituted:-"(2) the rural employment cess shall be levied annually--(a) in respect of land ..... , except when a cess is leviable and payable underclause (b) or clause (c) or sub-section (2a), at the rate of six paise oneach rupee of development value thereof;(b) in respect of a coal-bearing land, at the rate of thirty .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1989Cal14,92CWN929
..... but accepting that the postal endorsement goes in without the postman on the witness-dock, we do not think that the despatch of a notice under section 13(6) of the west bengal premises tenancy act, even by registered post, would carry with it the obligatory presumption of due service under section 28 of the bengal general clauses act, 1899. ..... 208, the obligatory presumption of due service under section 28 of the bengal general clauses act would operate, as would appear from the opening words in that section, only 'where any bengal act or west bengal act.....authorises or requires any document to be served by registered post. ..... act was amended by the amendment act of 1929 providing for sending of notice by post and that is why no presumption of due service of notice sent by registered post arising under section 27 of the general clauses act, 1897 (corresponding to section 28 of the bengal general clauses act) was at all referred to and all that was taken into consideration was only the permissive presumption of service by post under section 114 of the evidence act at p. ..... it has been urged that if the evidence of the postal peon would still be necessary to prove tender and refusal then the presumption of due service arising out of a despatch by registered post under section 28 of the bengal general clauses act (corresponding to section 27 of the central general clauses act) and under section 114(e) of the evidence act would become almost otiose.4. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal907
..... an ordinance has the same force and effect as an act of the provincial legislature and section 15 bengal general clauses act, 1899 provides that:'where by any bengal act made after the commencement of this act any power is conferred on the government, then that power may be exercised from time to time as occasion ..... is correct, it is clear that the notification of 12-5-1948 could be validly made by virtue of section 15, bengal general clauses act, without having recourse to section 22 of the act at all. ..... further under section 22, bengal general clauses act, a power to make a notification includes a power to add to, amend, vary or rescind the ..... 22, bengal general clauses act, means is that if the exercise of the power is hedged round by any conditions or restrictions the power of amendment will also be subject to similar conditions or ..... was competent for the provincial government to do so under section 15 read with section 22, bengal general clauses act.33. mr. ..... notwithstanding this result the state government took the precaution of preserving the life and status of the newly constituted district board by a saving provision in the shape of section 9 in the west bengal act 23 of 1948, and further extended the life of the west bengal act 23 of 1948 by west bengal act 14 of 1950 and west bengal act 51 of 1950. ..... prior to the passing of this ordinance, an act known as the bengal local self-government (west bengal amendment) act 1947 (west bengal act 9 of 1947) was passed on 5th january .....
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