Judgment Search Results Home > Cases Phrase: delhi and ajmer rent control act 1952 repealed section 36 limitation Court: kolkata Page 1 of about 112 results (0.191 seconds)

Benoy Bhusan Dasgupta Vs. Sm. Sabitri Banerjee

Court : Kolkata

Reported in : AIR1977Cal199,(1977)1CompLJ175(Cal),82CWN252

..... authorities concernedi to remove those unauthorised structures. since the tenant did not do so, the suit was filed by the landlord under section 13(1)(k) of the delhi and ajmer rent control act, 1952.12. in the other appeal, being appeal no. 121 of 1963, also the facts were similar and the suit was filed on the basis ..... 1574. two appeals were heard analogously by the supreme court wherein a common question with respect to the application of the first proviso to section 57(2) of the delhi rent control act, 1958, came up for consideration and the said provision is in the following terms;section 57(2): notwithstanding such repeal, all suits and other proceedings under ..... , apart from denying the material allegations, contended that he was a tenant in the premises in question from the predecessor-in-interest of the plaintiff respondent at a rent of rs. 24/- per month, payable according to english calendar month and at first his tenancy consisted of 2 rooms and a privy which was used by him .....

India Media Services Pvt. Ltd. Vs. Newsprint Trading and Sales Corpora ...

Court : Kolkata

Reported in : AIR2006Cal102

ORDERKalyan Jyoti Sengupta, J.1. Both the aforesaid applications were heard together as the points involved in both the matters are identical. Both these two applications owe their origin to the judgment and order dated 17th March, 2004. This order was passed on settlement being arrived at by and between the plaintiff on the one hand and the defendant Nos. 3 and 4 on the other. In view of the settlement and on the basis of suggestion given to the Court by both the parties this order was passed. In terms of this order the defendant No. 3 being the applicant of G. A. No. 3035 of 2004 was directed to transfer the property atJagmohan Village, Lower Tank Bund Road, Hyderabad (hereinafter referred to as the said property) to the plaintiff in terms of the agreement dated 7th September, 2000 read with the agreement dated 12th September, 2002 for consideration of Rs. 21.10 crores. The plaintiff is directed to make ready at its own costs the stamp paper and complete all legal formalities require...

i.K. Merchants Ltd. Vs. Indra Prakash Karnani

Court : Kolkata

Reported in : AIR1973Cal306

..... 47 of the code of civil procedure challenging the validity of the decree alleging that the same has been passed in contravention of section 13(1) of the delhi and ajmer rent control act, 1952 and hence the decree was a nullity. the supreme court in this case followed the judgment in bahadur singh's case and held that the ..... section 47 of the civil procedure code, where the tenant submitted that under section 13 of the delhi and ajmer rent control act, 1952, the court was prohibited from passing a decree or order for possession in favour of a landlord against a tenant except in a suit or ..... whether a decree directing the tenants to deliver possession of the premises to the landlord is a nullity on the ground that it was passed in contravention of delhi and ajmer rent control act, 1952 and whether this portion of the decree is enforceable either by the landlord or by his son. this question arose in an application under .....

Keshav Deo Tulshan Vs. Jagadish Prasad Tulshan

Court : Kolkata

Reported in : AIR1973Cal83

..... to the case of ferozi lal jain v. man mal, : air1970sc794 where the supreme court held that a compromise decree passed in contravention of section 13(1) of the delhi and ajmer rent control act (38 of 1952) was a nullity. in my opinion, that case cannot have arty application in the facts and circumstances of this case before me because that case .....

Ajit Kumar Roy Vs. Surendra Nath Ghose

Court : Kolkata

Reported in : AIR1953Cal733,57CWN627

..... before that date. having committed such default, they had ceased to be tenants and having ceased to be tenants, they could not thereafter be under any liability to pay rent, till the status of a tenant was restored to them. necessarily, they could not commit any 'default' during such period, even if they made no further payment ..... tenant' a new clause under which 'every person whose interest in the premises has been ipso facto determined under sub-section (3) of section 12, west bengal premises rent control (temporary provisions act, 1948) is a tenant. it is important to note that the amending act further provides that the new definition clause 'shall be deemed always ..... as a more unobjectionable solution of the difficulty is possible, namely by saying that the proviso does not apply. the amending act plainly makes the non-payment of rent between march 31 and november 30, 1950 defaults for the purpose of the proviso. the suggested method would make us ignore this plain meaning. such a method .....

Surya Properties Private Ltd. and ors. Vs. Bimalendu Nath Sarkar and o ...

Court : Kolkata

..... general rule of interpretation. the supreme court stated that there was nothing in the bombay act corresponding to the provisions of section 13 (1) of the delhi and ajmer-merwara act and, therefore, it was unnecessary to considerwhether hem chand's case, (supra) was rightly decided or not. the correctness of the punjab ..... tenancies and this, in spite of the comprehensive provisions of section 3 and its express terms in its opening part, obviously attracting, inter alia, the provisions, relating to rent, to the leases -- not, necessarily, monthly leases -- mentioned in its first part, and the act itself, that is, including those provisions, to all leases, ..... complains about -- 'the almost insuperable difficulty of applying the obscure and complicated provisions of that welter of chaotic verbiage which may be cited together as the rent and mortgage (interest) restrictions acts, 1920 to 1939.' learned judges who have had the misfortune of dealing with this vexed branch of the law have complained .....

T.S.R. Sarma Vs. Nagendra Bala Debi

Court : Kolkata

Reported in : AIR1952Cal879,57CWN1

..... statement that the club was not an incorporated body and therefore could not be, or be treated, as a tenant. as however, a tenant, under the definition contained in the rent act, is a 'person' and 'person' as] defined in the bengal general clauses act, includes an 'association or body of individuals, whether incorporated or not', we shall ..... appeal in existence at the time the law was enacted or even to transfer the appeal to a new tribunal.conversely, they held in the delhi cloth & general mills co. ltd. v. income-tax commissioner, delhi, 54 ind. app. 421 (p. c.), that in the absence of an intention similarly expressed, a new law creating a right of ..... relief against ejectment is given to tenants. there cannot be any doubt either that the last part of sub-section 4 giving the landlord permission to withdraw the deposited rent is also applicable by necessary implication. the question is whether that part of sub-section 4 which authorises the court to strike out the defence is applicable.58. .....

Chairman, Budge Budge Municipality Vs. Mongru Mia and ors.

Court : Kolkata

Reported in : AIR1953Cal433,57CWN25

..... original civil jurisdiction. in exercising such jurisdiction high courts may have various powers under various statutes, but they are not to be confounded with jurisdiction. for example, the west bengal rent control act conferred upon the courts power to grant various reliefs and make various orders which the courts did not possess before. but those powers are certainly not the same .....

Sethia Properties, a Dissolved Firm Vs. T.R. Bhavnani and ors.

Court : Kolkata

Reported in : AIR1961Cal199,1961CriLJ472,64CWN899

..... of legislative power outside the permissible limits is again without any merit. it was settled by the majority judgment in the article 143 'constitution of india and delhi laws act, 1912 etc.,' in re, air 1951 sc 332 that essential powers of legislation cannot be delegated. in other words the legislature cannot delegate ..... if paid will be refunded. i cannot part with this case without pointing outthat even if the provisions of rule 4 had been made part of the rent act, considerable difficulties might arise in their application; first, because the provisions of the civil procedure code in themselves are not ordinarily applicable to proceedings in respect ..... act, 1950 created a new offence, which should have been made triable under the provisions of the code of criminalprocedure; rule 9 of the west bengal premises rent control rules, which made the civil procedure code applicable to inquiries into such offence, it was contended, was repugnant to the provisions of the constitution of india and .....

Bibhuti Bhusan Biswas Vs. Puspalata Sil and ors.

Court : Kolkata

Reported in : AIR1956Cal172

..... until a month had elapsed, the tenancy being a monthly tenancy, and the plaintiff had perhaps another fifteen days within which he could pay the rent to the plaintiffs or deposit rent with the rent controller.so as he was not a defaulter at the time or moment he became a direct tenant, section 12 did not stand in the way ..... unknown destination. since then the plaintiff could not pay or deposit renta inasmuch as the whereabouts of defendant 3 were not known ana defendants 1 and 2 refused to accept rents from the plaintiff.prior to this defendants 1 and 2 instituted proceedings for ejectment being suit no. 1117 of 1949 against defendant 3, inter alia, on the ground that ..... respect of 2 rooms and a bathroom on the 1st floor and a kitchen on the 2nd floor in premises no. 18 gour mohan mukherjee street, calcutta, at a rent of rs. 21/- per month inclusive of the charges for electricity, for an injunction restraining defendants 1 and 2 and their servants and agents from executing the decree or .....