Court : Mumbai
Reported in : (1960)62BOMLR873
..... 1879, or sections 6 and 9 of the khoti [settlement act, 1880;(b) shall, save as expressly provided in this act, affect or be deemed to affect,(i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this act, or(ii) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this act, -and any such proceedings shall be continued and disposed of, as if this act was not passed.the important clause is clause ..... what is necessary to be noted is that under section 89(2)(b)(ii) a legal proceeding in respect of any right is to be continued and disposed of as if the act of 1948 was not passed. ..... (b) of sub-section (2) and the words 'save as expressly provided in this act' are significant ..... 82(2)(b)(ii) unambiguously lays down that any legal proceeding in respect of rights mentioned in section 89(2)(b)(i) shall be continued and disposed of as if this act was not passed. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom388
..... (2) of' section 89 lays down:'nothing in this act (the tenancy act of 1948) shall affect any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this act or any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this act and any such proceedings shall be continued and disposed of, as if this act was not passed'.it is undisputed in this case that the legal proceeding in respect of the plaintiff's right to recover ..... possession of the suit properties was commenced before the passing of the tenancy act of 1948 and clearly, therefore, under the provisions of section 89, sub-section (2) of the act, the said proceeding shall be continued and disposed of as if the act of 1948 was not passed. mr. .....
Tag this Judgment!Court : Mumbai
Reported in : (1954)56BOMLR638
..... (b) shall, save as expressly provided in this act, affect or be deemed to affect, (i) any right, title, interest, obligation, or liability already acquired, accrued or incurred before the commencement of this act, or(ii) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this act,and any such proceedings shall be continued and disposed of, as if this act was not passed.7. ..... in favour of the plaintiff to obtain possession on the footing that the defendants had ceased to have any interest in the land in dispute, and those rights and obligations not having been affected by/ anything contained in the act of 1948, it was open to the plaintiff to enforce those rights by proceedings which had prior to the act of 1948 been instituted in the civil court. ..... but a suit filed in the civil court prior to the date on which the bombay tenancy and agricultural lands act of 1948 came into operation can be continued under clause (b) of sub-section (2) of section 89 as if the act had not been passed. ..... , for ascertaining whether an execution application lies in a civil court for relief which can be granted under the bombay tenancy and agricultural lands act of 1948, only by the mamlatdar, regard must be had to the date on which the suit (in which the decree was passed) was instituted. .....
Tag this Judgment!Court : Mumbai
Reported in : (1955)57BOMLR223
..... thereby shall, save as expressly provided in the act, affect or be deemed to affect(i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this act, or(ii) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this act, and any such proceeding shall be continued and diposed of, as if this act was not passed.in the schedule to the act in the fourth column the extent of repeal of the ..... but in enacting sub-section (2) of section 89 the legislature has authorized the continuance and disposal of legal proceedings in respect of rights, titles, interests, obligations or liabilities already acquired, accrued or incurred before the commencement of the act of 1948 as if that act was not passed. ..... it is provided by that clause that legal proceedings in respect of the rights which are protected under clause (b)(i) are not affected, and any such proceeding shall be continued and disposed of as if the act of 1948 was not passed. .....
Tag this Judgment!Court : Gujarat
Reported in : (1961)2GLR444
..... rights as protected tenants were rendered illusory in the light of the provisions of section 89(2)(b) (ii) of the 1948 act whereby the legislature has authorised the continuance and disposal of legal proceedings in respect of rights titles interests obligations or liabilities already acquired accrued or incurred under the act of 1948 as if that act was not passed. ..... institution of proceedings is concerned the legislature has not protected the rights titles interests obligations or liabilities acquired accrued or incurred under the act of 1939 if a legal proceeding or remedy in respect of any such right title interest obligation or liability acquired or incurred is sought to be instituted after the act of 1948 came into operation it will have to be instituted and dealt with in accordance with the provisions of the 1948 act even though the liability was under the act of 1939. ..... applicable to the facts before me as these cases were filet before the act of 1948 came into force and therefore those suits were regarded in these decisions as pending proceedings which were expressly saved by section 89(2)(ii) of the act of 1948. ..... continued after the enactment of the act of 1948 ..... shah contended that though this section exempted the suit lands from the operation of the 1948 act the rights as protected tenants which where already vested in the defendants would continue by reason of section 31 of the act and therefore the plaintiffs were not entitled to terminate, the tenancy as they have done or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC354; (1962)64BOMLR403; [1962]2SCR59
..... lastly, the legal effect of the provisions of sub-clause (ii) aforesaid is only this that any legal proceeding in respect of the right claimed by the defendants shall be continued and disposed of as if the act of 1948 had not been ..... , save as expressly provided in this act, affect or be deemed to affect, (i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this act, or - (ii) any legal proceeding or remedy in respect of any such right, title, interest, obligation, or liability or anything done or suffered before the commencement of this act, and any such proceeding shall be continued and disposed of, as if this act was not passed....'. 8. ..... of the bombay general clauses act, inasmuch as clause (b) aforesaid only speaks of such proceedings being continued and disposed of, without reference to the institution of such proceedings. 9. ..... only question for determination in this appeal is whether the defendants-appellants are 'protected tenants' within the meaning of the bombay tenancy act (bombay act xxix of 1939) (which hereinafter will be referred to, for the sake of brevity, as the act of 1939), whose rights as such were not affected by the repeal of that act by the bombay tenancy and agricultural lands act (bombay act lxvii of 1948) which hereinafter will be referred to as the act of 1948). ..... question that arises now for determination is whether the act of 1948 wiped out the defendant's status as 'protected tenants' .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)4GLR400
..... . the legal effect of the provisions of sub-clause (ii) aforesaid is only this that any legal proceeding in respect of the right claimed by the defendants shall be continued and disposed of as if the act of 1948 had not been passed.in my opinion the authorities in the unreported judgment in the letters patent ..... by it is not ousted by anything that is stated in the bombay tenancy and agricultural lands act 1948 at page 642 it has been further observed as follows:in my view the expression proceeding used in section 89(2)(b) must in its context mean a suit or a proceeding in the nature of a suit and an appeal or appeals which lie under the provisions relating to appeals and execution proceedings for enforcement of rights declared by the decree or order passed in the suit or appeal must be regarded merely as continuation of the suit.3. ..... follow these decisions; and in the light of these decisions it is clear that the suit having been instituted as far back as in 1942 long before the coming into force of the bombay tenancy and agricultural lands act 1948 the execution proceedings for the enforcement of that decree must lie in the ordinary civil courts and there is nothing in any of the provisions of the bombay tenancy and agricultural ..... it is exactly this kind of right and legal proceeding instituted to enforce it that are saved by the provisions of section 89(2) of the tenancy act of 1948. ..... contained in this act will affect the said right and the legal proceedings to enforce that .....
Tag this Judgment!Court : Karnataka
Reported in : [1960]11STC94(Kar)
..... should be noted that what the proviso to sub-section (1) of section 40 contemplates amongst others is that any legal proceeding which has been commenced shall be continued as if this act had not been passed, which means as if the mysore sales tax act of 1948 had not been repealed. ..... matter seems to me to be as follows :- it is not disputed before us that the proviso to sub-section (1) of section 40 kept alive the right which had already accrued prior to the coming into operation of act 25 of 1957 and under the said proviso any legal proceedings which may have been started for enforcement of that right has to be continued as if act 25 of 1957 had not come into operation. ..... such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this act had not ..... a proviso which inter alia provides that the said repeal shall not affect any right, privilege, obligation or liability acquired or incurred under the enactments repealed, or any investigation, legal proceedings or remedy in respect of such right, privilege, obligation, liability etc. ..... place, that the provision of sub-section (2) of section 40 which authorised the government to specify an authority for exercising functions which are exercisable under the mysore sales tax act, 1948 (mysore act 46 of 1948), is ultra vires the powers of legislature for the legislature delegated one of its essential functions to the government which it could not do. .....
Tag this Judgment!Court : Kolkata
Reported in : [1975]36STC527(Cal)
..... said act and section 14 provides for protection to the officers and the state government against suit and other legal proceedings. ..... this case and on the analysis of the scope and object of the west bengal cement control act, 1948, enumerated hereinbefore, it is abundantly clear that the transaction involved in the supply of cement by the respondent as a licensed stockist under the said cement control act and a registered dealer under the bengal finance (sales tax) act by supplying cement to the holder of licence for cement, being the consumers and customers, is ..... india rules, rule 81(2), industries (development and regulation) act, 1951, section 18g(2)(a), essential commodities act, 1955, section 2, which are the various acts dealt with by the supreme court in some of the said decisions and submitted that the provisions of the west bengal cement control act, 1948, section 3(2)(e), are of the same pattern and conform to the same provisions as in the various acts referred to by him. mr. ..... by both the parties by citing large number of decisions mostly of the supreme court, it is first necessary to set out the relevant portions of the said cement control act and the orders and notifications made thereunder, the terms of licence of a stockist and dealer of cement and also the form of licence for cement issued to permit-holders.west bengal act 26 of 1948-the west bengal cement control ..... continued any order or direction or action taken under the west bengal cement control ordinance, 1948 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom345
..... act provides that save as expressly provided in this act, nothing in this act snail affect or be deemed to affect any right, title or interest acquired before the commencement of the act and any legal proceeding or remedy in respect of any such right, title or interest shall be continued and disposed of as if this act was not passed.the suit filed by the respondent-plaintiff was pending when the act came into force in december 1948, ..... what is alleged is that the collector might act contrary to the provisions of the bombay tenancy and agricultural lands act, 1948.but, as the court's duties came to an end when it passed the decree and as no proceedings in execution can be taken by it, it is not open to the court to entertain an application under section 47 and give directions to the collector in ..... within the meaning of section 47.but we do not think that even they can invoke the inherent powers of the court under section 151 when it is not alleged that the collector has acted or intends to act contrary to the terms of the decree or contrary to any law relating to partition.all that is alleged is that the collector proposes to deprive them of their possession of the lands ..... plaintiff to obtain possession of his share in the suit lands, which had accrued to him before the commencement of the bombay tenancy and agricultural lands act, 1948.8. ..... suit and that they could not, therefore, be evicted from the lands in view of the provisions of the bombay tenancy and agricultural lands act, 1948. .....
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