Court : Orissa
Reported in : AIR1968Ori36; 33(1967)CLT974; 1968CriLJ336
..... repeal, any legal proceeding in respect of any such benefit, right, protection, or privilege or obligation or liability or anything done or suffered before the commencement of this act were continued and disposed of as if the later act had not ..... the raiyat in relation to such land has remained the same or not.the provisions in section 3 make it clear that a person who was cultivating the land as a tenant on 1-9-1947 shall continue to have the right to cultivate such land and it shall not be lawful for the landlord to evict the tenant from the land or interfere in any way with the cultivation of such land by the ..... contained in any other law for the time being in force or any express or implied agreement to the contrary, but subject to the provisions of this act, a person who on the 1st day of september 1947, was cultivating any land as a tenant shall continue to have the right to cultivate such land and it shall not be lawful for the landlord to evict the tenant from the land or interfere in any ..... in the disputed lands is without iurisdiction;(ii) whether it is necessary for the defeated party in a 145 proceeding to file a fresh suit or proceeding to set at naught the effect of the final order even though the 145 proceeding was initiated during the pendency of that suit or proceeding;(iii) whether the finding of the criminal court in 145 proceeding that the successful party was in possession of the disputed lands on the date of the preliminary order is ..... protection act, 1948 was .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1954Cal532
..... considerations it seems to us that the last part of the definition of 'tenant' in the act of 1948 to which reference has been made above, was really redundant in law and its omission in the 1950 act has not affected the legal position and that a tenant whose tenancy has been determined and against whom a decree for ejectments had been made is not necessarily disentitledto make &/or continue a proceeding in that behalfunder the rent control act of 1950.the decision of p. b. mukherji j ..... 1950.'karnani's case, (d)' therefore, appears to be a clear authority in the petitioner's favour on the question of his locus standi to start, maintain and continue the proceedings for standardisation of rent, and, in this view too, we answer that question namely, whether the petitioner has such locus standi, in the affirmative ..... . that decision is certainly no authority for holding that, under tine 1950 act, a tenant whose tenancy has been determined or against whom a decree for ejectment has been made is necessarily disentitled to apply for standardisation of rent and/or to maintenance or continue a proceeding in that behalf under the said statute.we may point out further that the view of p. b ..... we feel, further, that, even if the ejectment suit had finally terminated in a decree, the petitioner would still have continued to be a 'tenant' under the rent control act of 1950 for the purpose of maintaining the application for standardisation of rent and continuing the proceedings in that behalf.21. .....
Tag this Judgment!Court : Mumbai
Reported in : 1982(2)BomCR114
..... ') allowing a revision application and thereby reversing the order of the deputy collector and restoring that of the tahsildar in a proceeding started by the landlord against the tenant for recovery of the possession of the disputed lands for bona fide personal cultivation and it arises out of the following facts.2. ..... that is a ruling arising out of the bombay tenancy and agricultural lands act, 1948, and in that ruling also, the landlord had applied for possession of the land under section 33-b. ..... '........we, therefore, hold that the legal heir who is brought on record during the pendency of the proceedings, must establish his own bona fide requirement as on the date he comes on record, as that would be the date for him for all practical purposes to establish his case to recover possession. ..... now, the order is being passed by this court under the hyderabad tenancy act today and hence the observations made by the division bench in this ruling clearly apply to the facts of the instant case and the crucial date would be the date on which the heirs and legal representatives are brought on record. ..... the tahsildar is further directed to dispose of this case as far as possible within six months from the date of receipt of record and proceedings by him. ..... original petitioner having died, his heirs and legal representatives are brought on record and they are pursuing this petition. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H209
..... justify the court in holding that compensation in respect of properties acquired under the act of 1948 would be assessed and paid in accordance with the provisions of the act of 1953 and that the right to payment of compensation is a vested right of which a person cannot be deprived unless the legislature has made its intention plain either by the use of express language or by necessary implication.he also admits that a proceeding in regard to payment of compensation was actually pending before an arbitrator at the ..... repealed and re-enacted with or without modification, then, unless if is otherwise expressly provided any appointment, notification, order, scheme, rule, form or bye-law, made or issued under the repealed act, shall, so far as it is not inconsistent with the provisions re-enacted continue in force, and be deemed to have been made or issued under the provisions so enacted, unless and until it is superseded by an appointment, notification, order, scheme, rule, form or bye-law, made or issued under the ..... . a curative or remedial measure is necessarily refrospective in character and may be enacted to cure or validafe errors or irregularities in legal or administrative proceedings ..... . there is nothing in the act of 1953 which can be construed to imply that it was to affect anv suits or other legal proceedings which were actually pending when it came into force .....
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 : AIR1956SC246; [1956]29ITR349(SC); [1955]2SCR1196
..... it recommended in the first interim report that subject to certain limitations indicated therein which were designed to secure legal 'continuity' of pending proceedings and 'finality and validity' of completed proceedings under the pre-existing state legislation, the whole body of state legislation relating to 'federal' subjects should be repealed and the corresponding body of central legislation extended proprio vigore to the states with effect from ..... it corresponds to section 5(1) of the taxation on income (investigation commission) act, 1947 (xxx of 1947) which reads as under : 'section 5(1) : the central government may at any time before the last day of september 1948 refer to the commission for investigation and report any case or points in a case in which the central government has prima facie reasons for believing that a person has to a substantial extent evaded payment of taxation on income, ..... under the provisions of section 47 of the travancore act xxiii of 1121 (corresponding to section 34 of the indian income-tax act as it stood before the amendment in 1948), those persons in respect of whom the income-tax officer had gathered definite information and consequently discovered that income, profits or gains chargeable to income-tax had escaped assessment in any year could be dealt with under the relevant provisions of that act. ..... 34 of the indian income-tax act was amended by act xlviii of 1948 which received the assent of the governor-general on the 8th september 1948. .....
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 : Chennai
Reported in : 2003(4)CTC385; (2003)3MLJ672
..... he further submits that section 6 of the general clauses act, 1897 will enable the continuance of the legal proceedings unless different intention appears in the repealed act. ..... when substantial arguments on the matter had been completed, it was brought to the notice of the court by the counsel that the indian electricity act, 1910 (act 19/1910), the electricity supply act, 1948 (act 15/1948) and the electricity regulatory commissions act, 1998 (act 14/1998) have been repealed by the electricity act 36 of 2003. ..... their lordships have further held that the commission cannot totally ignore the provisions of schedule vi to act 14 of 1948 and therefore, the commission is bound to take into consideration the principles found in sections 57 and 57(a) and schedule vi of act 14 of 1948 to the extent they have become applicable and while so applying, the commission has to weigh these principles with other requirements as incorporated in the form of regulations and suitably apply the same.38 ..... to the learned additional advocate general, though the right of appeal is a substantive right, the right to a forum is only a procedural right and the new act 36 of 2003 has clearly stated that act 9 of 1910, act 15 of 1948 and act 14 of 1998 are repealed by act 36 of 2003. ..... to him, the board is also entitled to apply the principles of section 59 of the electricity supply act, 1948, besides section 49 of the said act, which is analogous to section 29 of the electricity regulatory commissions act.13. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal152
..... ordinance, 1916, which was the governing law on the subject from the 1st day of october 1946 till the 30th november 1948 as well as under rent control act, 1948, which is the governing law since 1st december 1948 the definition of a tenant includes a person who continues in possession after the termination of tenancy in his favour. ..... the small causes court either of 8th december 1947 or of 2nd march 1948 did not make the ghose defendants any the less tenants because they continued and still continue in possession within the meaning of section 2 (11), rent control act, 1948. ..... as to oust and evict also the sub-tenants and in this case might have therefore enabled the landlord defendant sailen to execute his decree before the rent control act, 1948, came into force, he lost such right the day when the act came into operation and in my judgment section 13 should be applied notwithstanding such law and notwithstanding the fact that by so applying landlord defendant sailen's vested right is ..... landlord defendant sailen instituted proceedings in the calcutta small causes ..... construction which makes the word tenant include an ex-tenant is not altogether unknown in the legal history and experience of rent registration acts both in this country as well as in england. ..... have naturally therefore centred round the legal effect of such sub-tenancy and whether having regard to such sub-tenancy the plaintiffs are entitled to claim the protection of the west bengal premises rent control act, 1948.6. mr. .....
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