Court : Mumbai
Reported in : (1925)27BOMLR56
..... the matter arises under the cantonments (house-accommodation) act, 1923, which is an act of the imperial legislature, and is not a bombay act as is inaccurately stated in the ..... :-whereas various conditions; rules, regulations and orders have from time to time been laid down by, or by the authority of, the government in regard to the grant of land and the occupation of land and houses in cantonments, with the object of securing, amongst other things, that houses built on such land should be made available when required for the accommodation of military officers; and whereas. ..... of the learned advocate general that the district magistrate (the defendant in this case) is protected under the first part of that section, so long as his threat was made in good faith, and that it is not necessary to show that the notice or order was a 'lawful' one, inasmuch as his authority to enforce the surrender of the house is conferred upon him by the direct enactment in section 12 of the act, and is not merely derived from notice or order issued under ..... not been gone into but it is only i think fair to the military authorities to point out that there is in evidence in this suit a letter from the plaintiff dated may 27, 1920, exhibit 34, in which the plaintiff, when he obtained the sanction of the military authorities to the transfer to himself of the suit property, stated as follows : ' i undertake that the bungalow will always be available for occupation by a military officer on duty in the station .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom162; (1925)ILR49Bom152
..... the matter arises under the cantonments (house-accommodation) act, 1923, which is an act of the imperial. ..... in the contention of the learned advocate general that the district magistrate (the defendant in this case) is protected under the first part of that section, so long as his threat was made in good faith, and that it is not necessary to show that the notice or order was a 'lawful' one, inasmuch as his authority to enforce the surrender of the house is conferred upon him by the direct enactment in section 12 of the act, and is not merely derived from a notice or order issued under ..... authority of, the government in regard to the grant of land and the occupation of land and houses in cantonments, with the object of securing, amongst other things, that houses built on such land should be made available when required for the accommodation of military officers; and whereas, notwithstanding the said conditions, rules, regulations and orders, difficulties have frequently been experienced in obtaining house-accommodation in cantonments for military officers, and it is expedient to make better provision for that purpose; it is hereby enacted .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj145
..... in list i of the constitution, which empowered the parliament to enact laws in respect of regulating the house accommodation in the cantonment areas, was questioned by one of the parties in that case that it did not include the power to enact laws in respect of those accommodations which were not required for military purposes or which must have been acquired before the jaw was enacted by ..... as fixed by the rajasthan minor mineral concession rules, 1959, cannot be applied to the petitioner firm as the state government was not competent to prescribe the rate of royalty under section 15 of the mines and minerals (regulation and development) act, 1957 (hereinafter called the act) under which the said rules were framed; and (3) that brick-earth is not a mineral as is clear from the 1959 rules issued by the state government. ..... direct or control will include within it all aspects as to who is to make the constructions, under what conditions the constructions can be altered, who is to occupy the accommodation and for how long, on what terms it is to be occupied, when and under what circumstances the occupant is to cease to occupy it, and the manner in which the accommodation is to be utilised. ..... the royalty nor should the petitioner be allowed to invoke the extraordinary jurisdiction as its conduct is most unfair because it is manufacturing bricks without getting licence from the competent authority and when royalty is demanded it refuses to pay the same on one or the other flimsy ground.5. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC228; (1969)2SCC289; [1970]1SCR443
..... subsequently came the cantonments (house-accommodation) act vi of 1923 which was in force when the government of india act was enacted, as well as at the time when the constitution came into force. ..... the new bill was introduced in the governor-general's council in 1898, and was passed into law as the cantonments (house-accommodation) act ii of 1902. ..... an argument was sought to be built on it that regulation of house accommodation was not intended to cover control of rents when that expression was used in the corresponding entry in the government of india act, and that this expression used in the constitution should also be interpreted to cover the same field, so that, but for the addition made within brackets, parliament could not have legislated for control of rents of house accommodation within cantonment areas. ..... in addition, a provision was made in section 10 that no house in any cantonment or part of a cantonment was to be occupied for the purposes of a hospital, bank, hotel, shop or school, or by a railway administration, without the previous sanction of the general officer of the command, given with the concurrence of the local government. ..... the munsif, thereupon, made a reference under section 113 of the cpc to the high court of calcutta for decision of this constitutional question raised in the suit before him. ..... on an application presented by the appellant, the rent controller fixed fair rent under section 10 of the west bengal premises tenancy act no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC963; [1963]1SCR196
..... it is to be made clear that while it is known that this portion of the building was appropriated by the government on lease under section 7 of the cantonments (house accommodation) act, it is not the appellant's case that the occupation of the military officer was as a sub-lessee of the government. mr. ..... for a proper decision of the question in controversy it is necessary first to take note of the scheme of appropriation of house under the cantonments (house accommodation) act, no. ..... admittedly half of this bungalow had been appropriated under the provision of the cantonments (house accommodation) act no. ..... section 12 provides that if the owner fails to give possession of a house to the officer commanding in pursuance of a notice issued under section 7, or if the existing occupier fails to vacate a house in pursuance of such a notice the district magistrate, shall enter the premises and enforce the surrender of the house. 8. ..... while this may be correct, we find it difficult to agree that when a person, entitled to actual occupation by reason of his lease permits another to occupy it, then it ceases to be in the actual occupation of the person so permitting. ..... 6 of 1923 amounts to its occupation by the central government, within the meaning of section 99(2)(6) of the cantonments act, 1924. 3. ..... vi of 1923. 7. ..... vi of 1923 on a lease by the central government and was being used at the relevant time by some military officer for his residence. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2007)1CompLJ69(SC); 2006(2)CTLJ130(SC); (2006)4MLJ1224(SC); 2006(8)SCALE477; (2006)7SCC756
..... cantonment (house accommodation) act (6 of 1923), section 2(f)]'house' includes any building or part of a building with its appurtenances and outhouses used for any purpose whatsoever [orissa house rent control act, 1967 (4 of 1968), section ..... society, and not to the persons who lent their money, and the society must be liable for the fraud or wrongful act of their agent who was held out as having authority to borrow for the society....it was further held:it must be taken that when the directors represented that they had authority which they had not, by reason of the limit to borrowing having been passed, ..... in spry's equitable remedies, it is stated:in considering what circumstances induce the court, as a matter of discretion, to award equitable damages rather than relief in specie it must be borne in mind that when once the general conditions for the exercise of equitable jurisdiction have been established, that is, the inappropriateness of damages in respect of a matter coming within a recognized head of relief, prima facie there arises a ..... of a contract may be enforced against -xx xxx xxx xxx(e) when the promoters of a company have, before its incorporation, entered into a contract for the purpose of the company and such contract is warranted by the terms of the incorporation, the company:provided that the company has accepted the contract and communicated such acceptance to the other party to the contract.in terms of section 15(h) of the specific relief act, the promoters of a .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)ARC812
..... section 3 proviso (c) of cantonment (extension of rent control laws) act 1957 which is quoted below:-'3 (1) the central government may be notification in the official gazette extended to any cantonment with such restriction and modification as it thinks fit any enactment relating to the control of rent and regulation of house accommodation which is enforce in the state in which the cantonment is situated.provided that nothing contained in any enactment so extended shall apply to,(a)(b)(c) any house within cantonment which is or may be appropriated by the central government on lease under the cantonments (house accommodation) act, 1923 ..... his own use' in such a way as to deny the landlord a right to evict his tenant when he needs the accommodation for his own son to settle himself well in his life. ..... the tenant also intends to lift the protection when it is the requirement of landlord to put the accommodation to such use as he intends, away from ..... under article 227 of the constitution, mere errors of fact or of law cannot be corrected unless it is found that the error is manifest and apparent on the face of the proceedings such as when it is base on clear ignorance or utter disregard of the provisions of law and a grave injustice or gross failure of justice has occasioned thereby. ..... 3, landlord, was greater than that of the appellant-tenant, is a finding of fact and when the high court has refused to interfere with the finding of fact, we cannot find fault with the high court even if the .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)ALLMR466; 2004(3)BomCR391; 2003(4)MhLj679a
..... (c) (i) in section 4, for sub-section (i), the following sub-section shall be substituted, namely:- (1) nothing contained in this act shall apply to-(i) any premises within a cantonment belonging to the government or cantonment board;(ii) any tenancy or other like relationship created by a grant from the government in respect of premises within the cantonment taken on lease or requisitioned by the government; or(iii) any house within a cantonment which is, or may be, appropriated by the central government on lease under the cantonment (house accommodation) act 1923 (6 of 1923)(ii) sub-section (3) shall be omitted(iii) in sub-section (4), clause (b) shall be omitted. ..... magistrate, thana, reported in : 1952crilj1503 , which reads as follows:'the rule is that when a subsequent act amends an earlier one in such a way as to incorporate itself or a part of itself, into the earlier, then the earlier act must thereafter be read and construed (except where that would lead to a repugnancy, inconsistency or absurdity) as if the altered words had been written into the earlier act with pen and ink and the old words scored out so that thereafter there ..... there was in these circumstances a total surrender in the matter of sales tax legislation by the pondicherry assembly in favour of the madras legislature and for that reason we must agree with mr. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC217
..... there is no dispute that in respect of the cantonment in which house in dispute is situate, notification under section 3 (1) of cantonment (house accommodation) act, 1923 has been issued and is in force.8. ..... if the intention of the legislature was to make the said proviso applicable to all the houses liable to be appropriated, then the words 'liable to be appropriated' as used in section 5 of cantonment (house accommodation) act, 1923 would have been used. ..... in section 5 of cantonment (house accommodation) act, 1923, it is provided that every house situate in the cantonment covered by notification under section 3 (1) shall be liable to appropriation by the central government on lease subject to the conditions provided thereafter. ..... the first is the meaning of the word, 'is, or may be appropriated by the central government on lease' used in aforesaid notifications of 1973 and 1982, in juxta-position to the word, 'shall be liable to appropriation by the central government on lease' used in section 5 of cantonment (house accommodation) act, 1923. ..... under section 12 of the said act, district magistrate may enforce the surrender of the house. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006(1)AWC726(UHC)
..... , reads as under :any building within cantonment which is, or may be appropriated by central government on lease under the cantonments (house of accommodation) act, 1923'. ..... chidambaram, in 1988, to vacate the premises, the answering respondent was assured that as soon as the new building for the special service bureau, ranikhet is constructed, the building in question would be vacated but when it was not done, the answering respondent after serving notice, instituted the suit for ejectment and for recovery of arrears of rent and mesne profits. ..... 3 for ejectment of defendant/petitioner after serving notice issued under section 106 of the transfer of properties act, 1882, and determining the lease. ..... 3 served a notice under section 80 of the code of civil procedure, 1908 read with section 106 of the transfer of property act, 1882, which was suitably replied. ..... they have further committed illegality in decreeing the suit and confirming it treating the tenancy determined by notice issued under section 106 of the transfer of property act, 1882 as the provisions of the u. p. ..... 259 dated 1.9.1973 issued by government of india under section 3 of the cantonments (extension of rent control laws) act, 1957, while making applicable provisions of the u. p. ..... learned counsel for the petitioner drew my attention to clause (a) of sub-section (1) of section 2 of the said act and argued that it is only the building of which government is the landlord, which is exempted from operation of the act. .....
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