Judgment Search Results Home > Cases Phrase: bengal general clauses act 1899 Page 3 of about 54,394 results (0.202 seconds)

Commissioner of Trade and Taxes, Delhi vs.schneider Electric India Pvt ...

Court : Delhi

..... reliance is also placed on section 10 of bengal general clauses act 1899, which extends to the state of delhi (in exercise of the powers conferred by section 2 of the part c states (laws) act, 1950 vide s.r.o862dated 31.12.1951, which provides that where this act, or any bengal act or west bengal act made after the commencement of this act, repeals and re-enacts with or without modifications, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references ..... during the course of the arguments, reliance was placed upon section 8 of general clauses act 1899. ..... )1979 2 scc593where the supreme court held: that by virtue of section 6 of the general clauses act, the operation of all the provisions of the prevention & corruption act would continue in so far as the offences that were committed when section 5(3) was in force ..... and signature of the officer of such undertaking receiving the goods; (b) a certificate in the following form issued by such undertaking and signed by an officer authorized in this behalf by such undertaking: sub-section (5) of section 185 of the electricity, act, 2003 reads thus:"(5) save as otherwise provided in subsection (2}, the mention of particular matters in that section, shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 (10 of 1897),with regard to the effect of repeals. .....

Amrita Lal Bose and ors. Vs. the Chairman of the Corporation of Calcut ...

Court : Kolkata

Reported in : 40Ind.Cas.322

..... no doubt some of the provisions of that code are made applicable by the bengal general clauses act, 1899, and in other ways to offences under special and local laws, such as the present. ..... the word 'person' by the definition in the bengal clauses act, 1899, includes 'any company, or association or body of individuals, whether incorporated or not. ..... section 559 of the calcutta municipal act, 1899, provides that the general committee may make bye-laws, (inter alia), (52) for the regulation of theatres and other places of public resort, recreation or amusement.3. ..... ' the determination of the question, therefore, depends upon the interpretation to be put upon the particular statute, in this case the calcutta municipal act, 1899. ..... by section 561, in making a bye-law under section 559, the general committee may provide that a breach of it shall be punishable (a) with fine which may extend to twenty rupees, and, in case of a continuing breach, with fine which may extend to ten rupees for every day during which ..... ' in the case before me i am clearly of opinion that the offence is single in its nature and that the calcutta municipal act provides a punishment for the offence, and not for the individual offenders. .....

Dwarka Nath Misser Vs. Pralhad Ram Tewari

Court : Kolkata

Reported in : 13Ind.Cas.201

..... for the appellant has referred to the well known exception in favour of enactments merely regulating procedure and practice to the ordinary rule against retrospective effect laid down by section 8 of the bengal general clauses act, 1899 (bengal act i of 1899); but there seems to me to be no cogency in his argument and 1 have no hesitation in saying that the learned sub-judge has arrived at the right conclusion. ..... , for the present, be called the whole under-tenure at a sale held in execution of a decree for arrears of its rent obtained by the maharaja under the chota nagpur landlord and tenant procedure act of 1879 (bengal act 1 of 1879); while the respondent-plaintiff purchased, on the 15th july 1905, the half mortgaged to him at a sale in execution of a mortgage-decree which he had secured against his mortgagors. ..... 's mortgage-interest then became liable to be defeated by the threatened sale under the law, as amended by sections 34 and 35 of the chota nagpur tenancy (amendment) act, 1903 (bengal act v of 1903), which had, for the first time, rendered a resumable under-tenure saleable, subject to the superior landlords' right of resumption, in execution of a rent ..... of the chota nagpur tenancy (amendment) act, 1903 (bengal act v of 1903), section 124 of the original act was, no doubt, repealed. ..... the maharaja had sued the original under-tenure-holders for the rent of the years 1899 to 1901, a period anterior to the purchase of either the appellant or the respondent, and he had .....

Lalu Gangopadhyay Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2006)3CALLT505(HC)

..... business or occupation is carried on;(6) 'government company' has the same meaning as in clause(18) of section 2 of the companies act, 1956 (1 of 1956);(7) 'local authority' has the same meaning as in clause (23) of section 3 of the bengal general clauses act, 1899 (ben act 1 of 1899):(9) 'public undertaking' means any industry, trade, business or occupation owned, controlled or managed by-(a) the state government or any department of the state government; or(b) a government company; or(c) a corporation established by or under a central or state act which is owned, controlled or managed by the state government and in which not ..... advocate for the added party, however, has contendedthat in view of the west bengal legislation, namely, west bengal regulation of recruitment in state government establishments and establishments of public undertakings, statutory bodies, government companies and local authorities act, 1999, the full bench judgment passed in the case, rabindra nath mahato (supra) has no applicability as the said act, 1999 provides that except sponsored candidates from employment exchange no other person could be ..... dated 27.10.1995 issued by the director of school education (secondary), government of west bengal under the west bengal of secondary education act, 1963, for its being ultra vires of the constitutional provisions, commensurate to the provisions for publication in the newspapers and/or through any other widely circulated mass media inviting applications from .....

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. .....

Madanmohan Nath Sahi Deo Vs. Protap Udai Nath Sahi Deo

Court : Kolkata

Reported in : (1913)ILR40Cal623

..... consequently, under, section 8, clause (e) of the bengal general clauses act, 1899, the provision applicable is that contained in section 123 of the chota nagpur landlord and tenant procedure act, 1879, and the effect of that section we now proceed to ..... was competent to the legislature to lay down that a sale under section 128 would be a sale under the bengal rent recovery act of 1865, notwithstanding the fact that what was sold was not the entire tenure, but only the unexempted portion thereof ..... in such a case, it is plain that the sale of the unexempted portion is still to take place under the bengal rent recovery act of 1865; in other words, the restrictions in the proviso do not affect the provisions in the substantive part of the section for the sale of the ..... reliance, however, has been placed upon sections 4 and 16 of the bengal rent recovery act, 1865, to show that the legislature contemplated that sales under that act should be sales of entire tenures; it may also be conceded as laid down by the full bench in sham chand ..... ordinarily when a sale takes place of an entire tenure under the bengal rent recovery act, 1865, the purchaser acquires the property free of all encumbrances. ..... may make application for the sale of such tenure, and the tenure may, thereupon, be brought to sale in execution of the decree according to the provisions for the sale of under tenures contained in the bengal rent recovery act, 1865; and all the provisions of that act shall, as far as may be, apply. .....

Sri Lalit Kumar Bagla and Ors. Vs. Rajiv Kumar Poddar and Ors.

Court : Kolkata

..... . it 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 anything duly ..... . abhrajit mitra, the learned counsel appearing on behalf of the decreeholder submits that the interpretation of section 6 of the general clauses act and section 27 of the act of 2001 clearly shows that the suit pending prior to coming into operation of the 2001 act is saved inasmuch as the decision in sabitarani majilya (supra) would clearly show that initiation of any proceeding by the controller to determine the status of a person as thika tenant before the amendment was without ..... of madhya pradesh reported at air2013sc1896and for the proposition that the effect of the application of the principle embodied in section 6 of the general clauses act is that pending cases although instituted under the old act but still pending are governed by the new procedure under the amended law ..... 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 .....

Kesoram Industries Ltd. (Textile Division) Vs. Coal India Ltd.

Court : Kolkata

Reported in : AIR1993Cal78

..... 3 of the bengal general clauses act 1899; (2) in section 4, for sub-sec, (2) the following sub-section shall be substituted; (2) the rural employment cess shall be levied annually - (a) in respect of land, except when a cess is leviable and payable under clause (b) or clause (c) or sub-section (2 a), at the rate of six paise on each rupee of development value thereof; (b) in respect of a coal-bearing land, at the rate of thirty-five per centum of the annual value of coal-bearing land as defined in clause (1) of s. ..... 24-a of the madhya pradesh general clauses act, 1957 (3 of 1958) shall apply thereto as they apply to rule. ..... in the west bengal rural employment and production act, 1976,-- (1) in s.2 - (a) for clause (1), the following clauses shall be substituted:-- (1)'annual value of coal-bearing land' in relation to a financial year, means one-half of the value of coal produced from such coal-bearing land during the two years immediately preceding that financial ..... 2 of the west bengal rural employment and production act, 1976, from such mineral bearing land or quarry; provided that when in the coal-bearing land referred to in clause (b) there is no production of coal for more than two consecutive years, such land shall be liable for levy of cess in respect of any year immediately succeeding the said two consecutive years in accordance with clause (a); explanation. .....

Gorle Ramu Vs. Commissioner of Prohibition and Excise, Government of A ...

Court : Andhra Pradesh

Reported in : 2002(6)ALD233

..... further, assam general clauses act, 1915 (section 11 thereof), bengal general clauses act, 1899 (section 13 thereof), bihar and orissa general clauses act, 1917 (section 13 thereof), bombay general clauses act, 1904 (section ..... and berar general clauses act, 1914 (section 10 thereof), jammu and kashmir general clauses act, 1977 (section 11 thereof), karnataka general clauses act, 1899 (section 11 thereof), kerala interpretation and general clauses act, 1950 (section 10 thereof), madhya pradesh general clauses act, 1957 (section 9 thereof), orissa general clauses act, 1937 (section 11 thereof), punjab general clauses act, 1898 (section 9 thereof), rajasthan general clauses act, 1955 (section 12 thereof), uttar pradesh general clauses act, 1904 (section 11 thereof) also provide ..... interpreting the provisions in the light of the general clauses act the division bench of the allahabad high court observed:on a careful perusal of section 13, we are satisfied that there is no justification whatsoever for the interpretation which the learned additional sessions judge ..... the distance for the purposes of the case has to be measured not in a straight line on a horizontal plane as provided in section 10, travancore-cochin interpretation and general clauses act, 1125, but according to the section (ii-a) of the general clauses act. ..... after noticing section 11 of the central general clauses act, the full bench observed that measuring distance as indicated in sub-rule (3) of rule 3 on a topo sheet .....