Judgment Search Results Home > Cases Phrase: bengal general clauses act 1899 Court: supreme court of india Page 1 of about 7,271 results (0.200 seconds)

Ranju @ Gautam Ghosh Vs. Rekha Ghosh and ors.

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 .....

Ramakrishna Vivekananda Mission Vs. State of West Bengal and ors.

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. .....

T. Barai Vs. Henry Ah Hoe and anr.

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. .....

Delhi Bar Association (Regd.) Vs. Union of India (Uoi) and ors.

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. .....

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

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 .....

Neena Aneja Vs. Jai Prakash Associates Ltd.

Court : Supreme Court of India

..... though the amendment act did not contain any saving clause, under section 8 of the bengal general clauses act, 1899, the transfer of the suit having been lawfully made under section 29 of the act its deletion would not have the effect of altering the law applicable to the ..... that the amending act did not contain a savings clause under section 8 of the bengal general clauses act 1899. ..... in this context the court held that on account of section 8 of the bengal general clauses act, the deletion would not affect the transfer of the suit or anything duly done under ..... this is evident from the provisions of section 31, 45 and 56 under which judicial personnel of the erstwhile fora were permitted to continue under the act of 2019; (x) the act of 2019 indicates a contrary intent within the meaning of section 6 of the general clauses act; and (xi) the principle that a repeal of a statute obliterates the effects and consequence of the earlier legislation, is subject to three exceptions: (a) concluded transactions continue to be governed by the old law; (b) where a right of appeal or of action is abrogated ..... vinay kumar, learned counsel appearing on behalf of the appellants urged the following submissions in support of the appeal: (i) section 107(3) of the act of 2019 gives full effect to the provisions of section 6 of the general clauses act, which means that nothing in the repeal of the earlier legislation will affect pending proceedings which may continue as if the new legislation has not .....

Chen Khoi Kui Vs. Liang Miao Sheng

Court : Supreme Court of India

..... hence, being empowered by section 22 of the bengal general clauses act, 1899 mentioned in the order of the hon'ble justice arijit banerjee dated 16,07.2015, i am passing this order of cancellation of the registration granted under west bengal societies registration act, 1961 dated in respect of pei may chinese high school bearing registration number ..... of the registrar to cancel his own order, the referee judge, whose judgment is under appeal, has cited the provisions of section 22 of the bengal general clauses act, 1899 which stipulates:- 22. ..... pei may chinese high school) is emerged with a separate entity at the same address of pei may school which is a part of chinese tannery owners' association and wish to register under west bengal societies registration act, 1961 then the memorandum of association of chinese tannery owners' association is to be amended to that effect and to be approved from the registrar of societies. ..... it is evident from clause- i (a) of the memorandum of association of the chinese tannery owners' association, that the school in question (pei may school) at 1 & 2, iswar mondal lane, kolkata - 700046 shall run under the auspices of the chinese tannery owners' association registered under west bengal societies registration act, 1961 having its registration ..... for adjudication in this appeal is as to whether the registrar of society, empowered to grant registration under west bengal societies registration act 1961, also has the power to cancel such registration. .....

Securities and Exchange Board of India Vs. Classic Credit Ltd.

Court : Supreme Court of India

..... it was pointed out, that though the amending act did not contain a saving clause, the saving contained in section 8 of the bengal general clauses act, 1899, which corresponded with section 6 of the central act, fully applied to the issue. ..... in view of the aforesaid legal principle emerging, we come to the conclusion that since proceeding for the eviction of the tenant was pending when the repealing act came into operation, section 6 of the general clauses act would be applicable in the present case, xxx xxx xxx 55 as it is the landlord s accrued right in terms of section 6. ..... in view of the aforesaid legal principle emerging, we come to the conclusion that since proceeding for the eviction of the tenant was pending when the repealing act came into operation, section 6 of the general clauses act would be applicable in the present case, as it is landlord s accrued right in terms of section 6. ..... the previous operation of section 274(2) as it stood before april 1, 1971, and anything done thereunder continued to have effect under section 6(b) of the general clauses act, 1897, enabling the inspecting assistant commissioner to pass orders imposing penalty in pending references. ..... this court has clearly concluded, that when a lis commences, all rights and obligations of the parties get crystallised on that date, and the mandate of section 6 of the general clauses act, simply ensures, that pending proceedings under the unamended provision remain unaffected. .....

Girija Prasad Paul Vs. the Corporation of Calcutta and ors.

Court : Supreme Court of India

Reported in : AIR1972SC2391; (1972)4SCC547

..... be a local authority within the definition given in section 3(23) of the bengal general clauses act, 1899. ..... any part thereof may have been let out by such authority:provided that where any land which has been let out by any local authority is retained by such authority under this clause, no person holding such land shall have any right of occupancy therein and every such person shall be bound to deliver possession of the land to the local authority when required ..... public purposes' were omitted from the clause as we now find it by the west bengal estates acquisition (amendment) act, 1960 with retrospective affect, that is to say, with effect from the date of the original enactment we must, therefore, hold that the words 'in khas for public purposes' in clause (h) were not there at all ..... there is anything in the west bengal estates acquisition act, 1953 which gives the plaintiff ..... bengal estates acquisition act, 1953 (west bengal act ..... bengal non-agricultural tenancy act, 1949 (west bengal act ..... , since before the west bengal estates acquisition act, 1953 came into force and, therefore, the plaintiff can have no right to retain possession of the land even if we assume that the plaintiff was a ..... bengal non-agricultural tenancy act, 1949 is concerned, we may say at once, as pointed out by the high court, that the plaintiff had not alleged in his plaint that a non-ejectable tenancy was granted to him, or that he had acquired a non-ejectable right of tenancy under any of the provisions of that act .....

Videocon International Ltd. Vs. Securities and Exchange Board of India

Court : Supreme Court of India

..... was pointed out that though the amending act did not contain the saving clause the savings contained in section 8 of the bengal general clauses act, 1899, corresponding to section 6 of the central act, applied and the transfer of the suit having been lawfully made under section 29 of the act, its deletion by the amending act, did not affect its previous operation or ..... legal principle emerging, we come to the conclusion that since proceeding for the eviction of the tenant was pending when the repealing act came into operation, section 6 of the general clauses act would be applicable in the present case, as it is landlord's accrued right in terms of section 6. ..... 274(2) as it stood before april 1, 1971, and anything done thereunder continued to have effect under section 6(b) of the general clauses act, 1897, enabling the inspecting assistant commissioner to pass orders imposing penalty in pending references. ..... that when a lis commences, all rights and obligations of the parties get crystallized on that date, and the mandate of section 6 of the general clauses act, simply ensures, that pending proceedings under the unamended provision remain unaffected. ..... that under clause (c) of the proviso to section 4 of central act xxx of 1965 (which corresponds to section 6(e) of the general clauses act, 1897) it is provided that a remedy or legal proceeding in respect of a vested right like a right to an appeal may be instituted, continued or enforced as if this act (meaning the repealing act) had not .....