Judgment Search Results Home > Cases Phrase: delhi rent control act 1958 repealed section 56 power to make rules Court: kolkata Page 1 of about 506 results (0.128 seconds)

Commissioner of Income-tax Vs. Prabhabati Bansali

Court : Kolkata

Reported in : (1982)29CTR(Cal)15,[1983]141ITR419(Cal)

..... committee v. m.n. soi, air 1977 sc 302. there the supreme court observed although legislative provisions for the fixation of standard rent in new delhi contained in section 9 of the delhi rent control act of 1958 were comparatively recent and fairly elaborate, yet the fixation of rates for purposes of assessment of house tax was still governed by the provisions of section 3(1 ..... . the supreme court observed that where ' fair rent ' relating to the house in question in new delhi was fixed in 1941 under the new delhi house rent control order, 1939, and that fixation continued to be valid notwithstanding the repeal of the control order, even after the delhi rent control act 59 of 1958 came into force, the fair rent determined the standard rent which still effected the assessment of rates of .....

iag Company Ltd. Vs. Triveni Glass Ltd.

Court : Kolkata

Reported in : 2004(3)CHN447,2005(30)PTC140(Cal)

..... .c. bhatia v. union of india, reported in 1995(1) scc 105, the hon'ble supreme court was construing the provisions of partial but express repeal of delhi rent control act and while doing so the learned judges took into consideration the judgment of chief justice tindal in ray v. goodwin, 130 er 1403. chief justice tindal opined that ..... or property mark as defined in section 479 of the indian penal code'.7. the learned counsel referred to section 43 of the old act and submitted that the controller may, on the application of any person claiming to be the proprietor of any new or original design not previously published in india, register the ..... design 'karatchi'.4. on or about 15th january, 2003 the respondent filed a petition under section 19 of the new act for cancellation of registration of the plaintiffs design (design no. 183322) before the controller of design. it is not in dispute that the plaintiff-appellant is contesting such cancellation proceeding and the matter is still .....

Dipak Basu Vs. Loch Lomond Lodge (P) Ltd.

Court : Kolkata

Reported in : AIR1981Cal428

..... supreme court noted its earlier decision in v. k. verma v. radhey shyam reported in : air1964sc1317 where it had construed section 13(5) of the earlier delhi rent control act 1952. this section provided that on the failure of a tenant to deposit the arrears of sent within the prescribed time, the court 'shall order the defence ..... on a decision of the supreme court in miss santosh mehta v. om parkash, reported in : [1980]3scr325 where the supreme court construed station 15 of the delhi rent control act, 1958 which provides as follows (para 2) :''if a tenant fails to make payment or deposit as required by this section, thecontroller may order the defence against ..... delay in making its application be condoned and that the delay in payment of rents deposited with the rent controller be also condoned and the same be treated as deposits within the meaning of section 17 (1) of the west bengal premises tenancy act, 1956. in the alternative, the delay in depositing the amounts after the prescribed .....

Benoy Bhusan Dasgupta Vs. Sm. Sabitri Banerjee

Court : Kolkata

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

..... 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 the ..... 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 of ..... a tenant in putting down a door contrary to the provisions of section 108(o) of the transfer of property act would attract the proviso to section 12(d) of the rent control act, 1950. that apart, mr. bakshi relied on the dictionary meaning of the word 'damage' in support of the contentions as referred to hereinbefore. 'damages' according .....

L. Mullick and Co. and ors. Vs. Binani Properties P. Ltd. and ors.

Court : Kolkata

Reported in : [1983]53CompCas693(Cal)

..... during the pendency of the appeal against an order for eviction on the ground of bona fide requirement for building and rebuilding under section 14(1)(g) of the delhi rent control act, 1958, the landlord sold his interest in the property and the new landlord was added as a party to the appeal. it was held that the new landlord ..... of the supreme court in shantilal thakordas v. chimanlal maganlal telwala, : [1977]1scr341 . we do not, however, think that the above decision including the decision of the delhi high court in shama banu's case (supra) are relevant to the facts and circumstances of the instant case. in those cases, the transfer of the property had taken ..... will also be a great departure from the doctrine that the executing court cannot go behind the decree. in the circumstances, apart from the fact, the decision of the delhi high court in shama banu's case : air1975delhi164 , has no application to the facts of the present case. there is, therefore, no substance in the contention that .....

Commissioner of Income-tax (Central) Vs. B.P. (India) Ltd.

Court : Kolkata

Reported in : [1979]116ITR440(Cal)

..... the documents filed or statements made during the assessment proceedings. in the case of daulat ram v. som nath : [1968]68itr779(delhi) , the delhi high court had to consider this aspect of the matter in a proceeding instituted under the delhi rent control act, 1958, by certain landlords for ejectment of the petitioners in that case from certain premises. the petitioners had applied in 1966 for ..... that firm was carrying on business in the premises. the ito claimed privilege in respect of the production of the documents under section 54 of the indian i.t. act, 1922, and the rent controller upheld the claim of privilege. on an application to the high court for revision it was held by mr. justice khanna, that though the application for summoning the .....

Dhunseri Tea and Industries Ltd. Vs. the Hanuman Estates Private Ltd.

Court : Kolkata

Reported in : AIR1976Cal328

..... advanced before the supreme court and it was repelled. the decision impliedly holds that the provisions of section 15(1) of delhi rent control act was not in any way superseded or abrogated by section 46 (5a) of the income-tax act, 1922. it is true that the tenant in that case did not make any payment or deposit with the income- ..... before the 1965 amendment to section 17 (1) of the act, as introduced by the w. b. premises tenancy (amendment) act (act 24 of 1965) and the point for consideration before the supreme court was whether a deposit of rent made by a tenant with the rent controller under section 21 of the act after the writ of summons was served on him, could ..... there is little doubt that had these deposits as enumerated therein, been made either with the rent controller or with the court, they could not be regarded as valid deposits within the meaning of section 17 (1) of the act. undoubtedly, half month's rent upto may 1974 had been in deposit at the date of service of the writ of .....

Saraf Agencies Private Limited Vs. Kanoria Jute and Industries Limited

Court : Kolkata

..... ., but that is not indicative of conduct justifying and inference that a fresh contractual tenancy had come into existence. within the meaning of the west bengal premises rent control act, 1950, the appellant was a tenant and by calling the appellant a tenant the respondents did not evince an intention to treat him as a contractual tenant. ..... vacant possession of the suit premises unto the plaintiff. the gazette notification dated november 25, 2016 of the ministry of finance is reproduced hereunder notification new delhi, the 25th november, 2016 s.o. 3568(e). in exercise of powers conferred by sub-section (2) of section 1 of the sick industrial companies (special ..... 2016, as the date on which the provisions of the said act shall come into force. . notification new delhi, the 25th november, 2016 s.o. 3569(e). in exercise of powers conferred by clause (b) of section 4 of sick industrial companies (special provisions) repeal act, 2003(1 of 2004), the central government hereby notifies the 1st .....

Sudhir Kumar Paul Vs. Sm. Indu Prova Ghose and ors.

Court : Kolkata

Reported in : AIR1976Cal274

..... terminate the tenancy of the appellant, and the tenancy having been so terminated, the appellant continued to be a statutory tenant under the provisions of the west bengal premises rent control act, 1950. consequently there could be no question of termination of the tenancy of a statutory tenant by the second notice to quit. lastly, mr. mukherjee contended that ..... . 9. mr. mukherjee next contended that his client should be treated as a statutory tenant within the meaning of section 2 (ii) of the west bengal premises rent control act, 1950 and the contractual tenancy ceased to subsist as and from the date of the expiry of the first notice. we have already pointed out that the, earlier ..... made by the supreme court at page 1069 where it was observed that it was well settled that where a contractual tenancy to which the rent control legislation applies, has expired by efflux of time or by determination by notice to quit and the tenant continues is possession of the premises, acceptance of .....

Mohan Chand Vs. Manindra Nath

Court : Kolkata

Reported in : AIR1955Cal442

..... agreement contained therein was contended to be unlawful. to consider this aspect of the case it is necessary to look into a few provisions of the west bengal premises rent control act, 1950. those to which my attention was drawn, are as follows:section 4: 'no person shall, in consideration of the grant, renewal or continuance of a ..... agreement.' sections 6 and 9 of the ordinance to which his lordship's attention was drawn were similar in terms to sections 4 and 7, west bengal premises rent control act of 1950. section 6 of the ordinance provided;'no person shall claim or receive, in consideration of the grant, renewal or continuance of a tenancy of any premises ..... . mukharji j. in the case just referred to that the contract providing for payment of premium was not an illegal one, that section 4, west bengal premises rent control act of 1950 only prohibited the receipt of premium by the lessor and that there was no absolute bar on the part of the lessee paying the premium and therefore .....