Judgment Search Results Home > Cases Phrase: delhi rent control act 1958 repealed section 56 power to make rules Court: kolkata Page 2 of about 506 results (0.181 seconds)

imperial Bucket Co., a Firm Vs. Sm. Bhagwati Basak

Court : Kolkata

Reported in : AIR1954Cal520

..... '.24. the result, therefore, is that the view taken by the learned district judge as regards the limitation applicable to appeals preferred under section 32 of the rent control act must be overruled and it must be held that the appeal was filed in proper time.25. the learned district judge, who heard the appeal, did not deal ..... apply.the contention was that the period of limitation should be determined by a reference to article 173, schedule i, limitation act. it was suggested that as the application for review under section 38 of the aforesaid rent control act of 1944 had to be made not to a court, the exemption sections detailed in section 29(2)(a), limitation ..... complete code. by virtue of the powers conferred under section 47, section 45 (2) of the rent control act, 1948, rules have been framed under the act which have statutory force. an examination of these rules clearly shows that the 19-18 act was not exhaustive and that it was not a complete code. the rules refer to other statutes .....

Zodiac Investment Limited Vs. Durga Investment and Trading Co. and anr ...

Court : Kolkata

Reported in : (1988)2CALLT395(HC),92CWN1081

..... for eviction was passed, challenged the said decree in the appellate court and then in revision in the high court, but all without success. section 2(1) of the delhi rent control act governing the case also provided that a tenant does not include any person against whom a decree or order for eviction has been passed. it appears, however, that the ..... madhya pradesh high court in bhiniandas v. nagibai (a.i.r. 1980 ncc 149) appears to have taken such a view in a case under the madhya pradesh accommodation control act, 1961, section 2(i) whereof also has defined a tenant 'not to include any person against whom any order or decree for eviction has been made' and it ..... sub-section (1) comes to an end' and that whether the suit is decreed or dismissed, 'during the pendency of the appeal, there is no liability to deposit rent under the sub-section (1)'. the real decidendi of the division bench decision in radharani (supra), therefore, is not that a tenant-appellant is not required to comply with .....

Sri Lalit Kumar Bagla and Ors. Vs. Rajiv Kumar Poddar and Ors.

Court : Kolkata

..... landlord's right to evict a tenant in case proceeding was pending when repeal came in. thus a pending proceeding before the rent controller for the eviction of a tenant on the date when the repealing act came into force would not be affected by the repealing statue and will be continued and concluded in accordance with the law as ..... provisions of the repeal act but saves only the rights and liabilities which have accrued under the repealed provisions, since a right having been acquired under the statute ..... existed under the repealed statute. . in p.n. balasubramanian (supra) it was held by the delhi high court that section 6 does not save the .....

Tarak Chandra Mukherjee and ors. Vs. Ratan Lal Ghosal and ors.

Court : Kolkata

Reported in : AIR1957Cal257,61CWN263

..... the first appellate court. the trial court hold further that the tenant had not been a defaulter within the meaning of the proviso to section 14(3) of the rent control act of 1950, because no defaults of the required nature and number had occurred within the period of 18 months immediately preceding the institution of the suit and also that ..... clause 15 of the letters patent. those provisions were in no way affected by the repeal of the rent control act of 1950 and therefore by the repeal of that act, no bar to the continuance of the appeals was created. but the act had concern with the questions to be determined in the appeals. even so, in so far as this ..... a suit for ejectment which involves the application of the provisions of the west bengal premises rent control act, 1950. had to be brought, in view of the provisions of section 16(1) of the act, in accordance with the snecial provisions laid down in that act itself in schedule b thereto. even if it was right, therefore, to put a limited .....

Eic Holdings Limited Vs. Calcutta Dock Labour Board

Court : Kolkata

Reported in : 2008(3)CHN311

..... on a tenant but as to whether the argument of the plaintiff would hold in case of a tenant holding over de hors the umbrella of a rent control act.19. the defendant has relied on a judgment reported at : air1951mad408 (arunachala naicker v. ghulam mahmood saheb) for the interpretation of the expression ' ..... the validity of the notice and questioning the ground given for determining the tenancy. the defendant reminded the plaintiff of proceedings pending before the rent controller for enhancement of rent, expressed its indifference to the plaintiffs assertion as to the defendant's legal status and declined to make over possession as demanded. it ..... instituted four sets of proceedings before the rent controller in respect of the four several tenancies at the said building granted in favour of the defendant, for enhancement of rent. the rents that the other three tenancies yield would entitle the defendant protection under the west bengal premises tenancy act, 1997 and would not be covered .....

The Board of Trustees for the Port of Kolkata and anr. Vs. Vijay Kumar ...

Court : Kolkata

..... v. life insurance corporation of india). paragraphs 3 and 4 explain the scheme of the said act:3. similar contention on the anvil of article 14 of the constitution was raised on the ground that when the delhi rent control act provides remedy for ejectment on specific grounds and fixity of tenancy rights, giving blanket power to ..... the public authorities under the act is violative of article 14. in ashoka marketing ltd. v. punjab national bank this court ..... any premises would, in such circumstances, be governed by the provisions of the transfer of property act and have recourse to the procedural law under the civil procedure code. in the absence of any special enactment, like the rent control act or other statute, a landlord may determine a lease or issue notice that any occupier on .....

U.P. State Electricity Board Vs. Upper Jumna Valley Electricity Supply ...

Court : Kolkata

Reported in : AIR1988Cal336

..... against the tenant which was affirmed in successive appeals by the additional district judge and the high court. before the said decree could be executed, the delhi rent control act, 1958 was amended. by the amendment it was provided that where any premises belonging to the government had been kwfully let out to any person ..... was rejected on the ground that the provision of the delhi rent control act, 1958, did not apply to premises belonging to the government and as no certificate of sale had been issued to the purchaser, the property, in ..... of the full purchase price obtained possession thereof. the appellant thereafter instituted a suit to evict a tenant in the said building. the tenant contended that delhi rent control act, 1958, had come into force prior to the proceedings initiated by the purchaser and he was entitled to protection thereunder. the contention of the tenant .....

Nimai Chand Bhabak Vs. the State

Court : Kolkata

Reported in : AIR1955Cal478,1955CriLJ1249,60CWN202

..... aa) and (46). the order was not issued by the governor in exercise of his legislative powers but was an executive act.in the case of -- 'kiron chandra bose v. kali-das chatterjee : air1943cal247 , the bengal house rent control order 1942 which was also issued by the governor under rule 81(2) of the defence of india rules, was held to ..... executive act of the governor and cannot have the status of a central act or regulation,it therefore follows that the first condition has not been ..... be an executive act of the governor by a division bench of this court consisting of b. k. mukherjea and blank jt. the food grains control order of 1945 stands on the same footing as the bengal house. rent control order, 1942. i accordingly hold that the former order also is an .....

Coal India Limited Vs. Apeejay House Private Ltd.

Court : Kolkata

..... recognized under the law of contract and the transfer of property act which are vested rights and which are suspended by the provisions of the rent act but the day the rent act is withdrawn the suspended rights of the landlord revive. finding of the apex court is clear on the issue. ..... separately argued this appeal principally on the issue of valuation and jurisdiction. according to him, as per section 7 of the court fees act and the relevant provisions of the suit valuation act the annual rent would be a guiding factor to value a suit for recovery of possession from the tenant in the case of termination of tenancy. ..... apex court further observed, there is a vast difference between rights of a tenant under the rent act and the rights of the landlord. the right of the statutory tenant to pay rent not exceeding standard rent or the right to get standard rent fixed are protective rights and not vested rights. on the other hand, the landlord has rights .....

Ramesh Ch. Bhattacharjee and anr. Vs. Nagendra N. Mullick

Court : Kolkata

Reported in : AIR1951Cal435

..... include claim for possession, mesne profits & damages to the extent of of rs. 20,000. the suit was filed on 1-8-1949 when the west bengal premises rent control act of 1948 was in operation.2. the original written statement of the deft. pleads that he has been working a printing press for several years with the knowledge & ..... of hutchinson v. jauncey, (1950) l all e. r. 165 is clearly distinguishable because of the special language used in section 10, english landlord and tenant rent control act, 1949. there is no such comparable language used in our legislation of 1950 from which the 'necessary intendment' can be deduced. besides the scheme & context of the ..... to the extent that is clearly stated in the statute.8. the scheme of the new rent act of 1950 is to specify the classes of pending proceedings wherever the new act is intended to be applied to them. pending proceedings before the rent controller & pending suits for ejectment of a particular class are the only two instances where the new .....