Judgment Search Results Home > Cases Phrase: bengal general clauses act 1899 Page 4 of about 54,394 results (0.130 seconds)

Bachhraj Baid and anr. Vs. Commercial Tax Officer and ors.

Court : Kolkata

Reported in : [1985]58STC370(Cal)

..... the word 'person' in section 3(32) of the bengal general clauses act, 1899 a firm is not included as a separate entity ..... goods would be a dealer within the meaning of the act as the word 'person', would include a firm being a body of individuals by force of section 3(42) of the general clauses act, 1897. ..... to exclude the application of this definition contained in the general clauses act, 1897. ..... , being a body of individuals, would be a person under the definition in the general clauses act. ..... by inheritance or succession out of the purview of the said section 17 as in view of section 16 of the said bengal act read with section 10(2) of the same, every registered dealer, which means any person who carries on the business of selling goods in west bengal and includes the government and is registered under the said bengal act, who is required to furnish returns, is also required, within the prescribed time, to inform the authorities, if ..... . such being the position, the petitioner should be deemed to be the absolute transferees, having their identity completely merged under section 17 of the said bengal act, which deals with transfer of business and is to the following effect:where the ownership of the business of a registered dealer is transferred absolutely (by sale, gift, bequest, inheritance or otherwise) or ..... the bengal finance (sales tax) act of 1941 was 'to impose a general tax on the sale of goods in bengal' as 'it was necessary to make an addition to the revenues of bengal' .....

Rampada Majhi Vs. Nagendranath Chakravarty

Court : Kolkata

Reported in : 1968CriLJ557

..... even if it is assumed that the municipality is superseded by an order under section 553, the administrator succeeds, and under section 19 of the bengal general clauses act 1899, the administrator is the local authority within the meaning of section 2(viii) of the prevention of food adulteration act. ..... to exist even with the supersession of the chairman and the commissioners and as it is a body corporate having a perpetual succession, the administrator appointed under section 554 of the bengal municipal act gets all the powers and duties of the municipal board under section 18 of the general clauses act, 1897 and as such whatever the administrator dues, he does as the municipal board and the written consent given in this case is the written consent of the municipal board ..... the learned judge further held that even assuming that the administrator succeeded the municipal council on its supersession, section 18 of the general clauses act will be applicable and the administrator must be held to be the local authority of the municipality within the meaning of section 2(viii) of the prevention of food adulteration act. ..... when, therefore, the prevention of food adulteration act was brought into force, the administrator was authorised under clause (b) of section 554(1) to perform the right and duties of the chairman and the commissioners not only under the bengal municipal act but also under 'other acts. .....

Smt. Shrabani Mondal (Pal) Vs. the State of West Bengal and ors.

Court : Kolkata Appellate

..... trade, business or occupation is carried on;section 2(5) exempted category means the category of persons seeking any job, declared by the state government to be exempted category under section 3;section 2(7) - local authority has the same meaning as in clause ( ) of section of the bengal general clauses act, 1899.section 2(9) - public undertaking means any industry, trade, business or occupation owned, controlled or managed by12(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 less than fifty-one per cent of the paid up share capital is held by the state government;section 2(11)- statutory ..... it further appears that in exercise of the power conferred under subsection(1) and clause (k) of sub-section (2) of section 106, read with clause (k) of sub-section (1) of section 60 of the west bengal primary education act, 1973, the governor of west bengal was pleased to make the west bengal primary school teachers recruitment rules, 2001 which gives the mode of recruitment of the primary teachers in .....

Falakata Industries Ltd. and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(2)CHN142

..... therefore, by reason of section 6 contained in the bengal general clauses act, 1899, it became effective from the date of its publication, namely, 26th march, 1974; in other words, during the currency of the lease held by the lessee replacing the phrase 'from a ..... the status of the lessee and characteristic of the lease on the basis of the legal situation arising out of the impact of the west bengal non-agricultural tenancy act, 1949 (1949 act) on account of its amendment incorporated in 1974, through the west bengal non-agricultural tenancy (amendment) act, 1974 (1974 amendment) by including leases held by a lessee under the state directly and making him entitled to a perpetual/successive renewal ..... dasgupta with the proposition that if his contention is to be accepted, in that event, the provisions of the west bengal estates acquisition act, 1953 (wbea act) and west bengal land reforms act, 1955 (wblr act) could not be given effect to in respect of lands held under the 'sanads', the government grants by the then zaminders, the intermediaries, who would be entitled to hold the ..... interest of the lessee/writ petitioner since transformed into that of a raiyat with heritable and transferable right from which he cannot be evicted on the strength of clauses 12 and 18 of the deed of lease after the 1974 amendment of the 1949 act and the repeal of the 1949 act along with the amendment in the definition of land and insertion of section 3a read with section 4 as amended by the 1981 amendment .....

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. .....

Shipping Corporation of India Vs. State of West Bengal and ors.

Court : Sales Tax Tribunal STT West Bengal

Reported in : (1990)77STC438Tribunal

..... ." the applicant has categorically said in his main writ application that it is an existing company under the companies act.according to the bengal general clauses act, 1899, unless there is anything repugnant in the subject or context, the expression "person" shall include any company or association or body of individuals, whether incorporated or not ..... . there is no question of repugnancy in adopting the meaning of the expression as defined in section 3(32) of the bengal general clauses act which is as above ..... in the present application, five notices all dated 8th december, 1987, issued by the commercial tax officer, esplanade charge, under section 9(3) of the west bengal sales tax act, 1954, in respect of the periods 1st april, 1983 to 31st march, 1984, 1st april, 1984 to 31st march, 1985, 1st april, 1985 to 31st march, 1986, 1st april, 1986 to 31st march, 1987 and 1st ..... . in the notice it has been stated that the commercial tax officer concerned was satisfied on information that the applicant was liable to pay tax under the west bengal sales tax act, 1954, in respect of the period mentioned in the notice and that the applicant had failed to get itself registered .....

Ramvilas Bajaj Vs. Ashok Kumar and anr.

Court : Andhra Pradesh

Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)

..... 1967]1scr475 , also the supreme court applied section 8 of bengal general clauses act 1899 in holding that though section 29 of the calcutta thika tenancy act was deleted by calcutta thika tenancy (amendment) act, taking away the power and jurisdiction of the controller to try proceedings under the said act, the proceedings pending before the controller as on the date of coming into force of the amendment act were not affected. ..... the supreme court observed that though the amendment act did not contain any saving clause in view of section 8 of the bengal general clauses act 1897 the deletion of section 29 will not have effect on altering the law applicable to the claim in ..... in that case the supreme court recognized the existence of two categories of rights in the landlord, a vested right de hors the provision of section 6 of the general clauses act and an 'acquired' or 'accrued' right under the provisions of section 6 of the general clauses act 1897 and it held that the courts are to scrutinize and find out whether a person under repealed statute had any vested right and in case he had such a right then pending proceedings would ..... therefore, apart from the vested rights acquired by the landlords in these cases, by application of section 6(c) and (e) of the general clauses act, 1897 and section 8(d) and (f) of the andhra pradesh general clauses act 1891, the landlords have got acquired or accrued right to continue the proceedings in the same fora despite the coming into force of the .....

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 .....

Ramesh Chandra Dutta Vs. Surya Properties Ltd.

Court : Kolkata

Reported in : AIR1957Cal198

..... chatterjee has invited my attention to section 12 of the bengal general clauses act, 1899 which provides that if anything is required to be done in any court or in any office on a date which is a public holiday, it can be done on the ..... the plaintiff came to court with a case that he was entitled to a decree for ejectment against the defendant and the defendant was not entitled to protection of the west bengal premises rent control act, because he 'was a habitual defaulter in the payment of rent from february, 1952 and has not paid two months rent legally payable by the defen-fendant to the plaintiff on three occasions within a period ..... so, on the 4th december, 1952 on which date the plaint was filed, the defendant did not make default in payment of rent referred to in clause (i) of the proviso to sub-section (1) of section 12 on three occasions within the period of 18 months as contemplated by the proviso to sub-section (3) of section 14 of the west bengal premises rent control act. mr. ..... defaulter for the period of only three months which would certainly not entitle the plaintiff to get a decree in a suit for ejectment under the proviso to section 14(3) read with section 12(1)(i) of the west bengal premises rent control act, 1950. ..... relied upon by the plaintiff was not admissible in evidence for absence of registration and proceeded to consider the question whether the defendant was entitled to relief by relying upon the provisions of the west bengal premises rent control act, 1950. .....

Abdul Latif Mullick and ors. Vs. Special Land Acquisition Collector an ...

Court : Kolkata

Reported in : AIR1981Cal395,85CWN148

..... such steps were initiated by the collector concerned and such power, the collector had under section 21 of the general clauses act, 1897, corresponding to section 22 of the bengal general clauses act, 1899 ..... . the corrections in respect of the plot numbers as made, in my view, considering the import and effect of the sections of the general clauses act, were permissible and authorised, the more so when, by such erratum declaration, the nature and character of the acquisition in question, was neither changed nor shifted to a new acquisition, particularly when the plot numbers as in ..... that within the period as prescribed, the state of west bengal had not published any declaration under section 6 of the said act, in respect of the plot of lands as mentioned in the notification under section 4, by giving the boundaries, approximate areas and khatian numbers and on 9th august 1974, for the first time, the petitioners received notices under clauses (3) and (4) of sections 9 and 11 of the said act, whereby they were asked to produce documents, in the ..... the respondents have claimed that under the provisions of the said act or the general statutes, it was within the power and jurisdiction of the authorities concerned, to have the defects in the earlier declaration under section 6 of the said act, to be corrected by subsequent erratum declaration under section 6 and after the said erratum declaration was published, notices under sections 9 and 11 of the said act, were duly served on the petitioners .....