Court : Kolkata
Reported in : AIR1951Cal442,54CWN617
..... aswin 1355 b. s. & for chaitra 1355 b. s. to jaistha 1356 b. s. together with interest & costs according to the requirements of section 12 (2), west bengal premises rent control act, 1948, & the deft. also deposited in the small cause ct. the claim & costs of the suit no. 4081 of 1948 filed by the pltf. in the circumstances, the deft. ..... 6) to what reliefs, if any, is the pltf. entitled ?8. issue 1 : it is contended by the learned counsel for the deft. that since the west bengal premises rent control act (17 [xvii] of 1950) came into force the original jurisdiction of this h. c. to try or entertain a suit by a landlord against a tenant for recovery of possession ..... the benefit of that section.27. the next question that arises for consideration is whether the deft. is entitled to claim any relief under section 14 of the new rent control act of 1950.28. it is contended by the learned counsel for the pltf. that if section 14 is applicable to the present case the section should be applied as .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal636,57CWN692
..... were required for the bona fide use of the landlords must be judged by a reference to the provisions of the rent control act, 1948, or the rent control act, 1950. (2) whether the requirement contemplated by the rent control act must be requirement of any one or more of the landlords. chunder j. overruled the contentions on behalf of the ..... j. related to two matters, namely, whether the test of bona fide requirement has to be judged by a reference to the provisions of the rent control act, 1948, or the rent control act, 1950, and whether the words 'the requirement of the landlords' mean the 'requirement of the landlords as a body or of some of them'. ..... case of -- 'sadar ali v. doliluddin', : air1928cal640 , a special bench of this court proceeded on general principles akin to those provided for in the general clauses act in interpreting the amended letters patent. the case of -- : air1928cal640 , decided a point which was raised after the amendment of the letters patent in 1927, viz. whether .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1988Cal275,[1989]66CompCas452(Cal),92CWN1017
..... in municipal corporation of greater bombay v. lala pancham, : [1965]1scr542 where it has been held that the tenant has, under the transfer of property act or the rent control legislations, an interest in the demised premises which would squarely fall within the expression 'property'. we would accordingly hold that the interest of a thika tenant, ..... properties there being now no such provision preventing such vesting as was in the repealed section 11.8. actually section 11 of the calcutta thika tenancy act and other analogous provisions providing for extinction of the tenancy on the tenant dying intestate without any heir and reversion of the land to the immediate landlord ..... law of succession but is an attribute of sovereignty. it is true that statutory provisions of private law of succession, e.g., section 29, hindu succession act, 1956, some times expressly recognise right of the state to acquire properties by escheat or as bona vacantia. but that right would have been very much there .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal539
..... is said to be void under article 13 of the constitution.9. the west bengal premises rent control (temporary provisions) act, 1950, came into force on 30-3-1950 & by section 45 thereof repealed the rent control act of 1948. section 18, rent act of 1950 made provisions for granting relief to 'tenants' against whom decrees were made or ..... suit's were pending on 30-3-1950 'on the ground of default in payment of arrears of rent under the provisions of the west bengal premises rent control act, 1948'. this court held that these provisions did not give any protection to the persons who forfeited their interest as tenants under ..... statute under consideration in this english case is the furnished houses rent control act, 1946 (9 & 10 george vi, ch. 34) which is very different in terms from the west bengal premises rent control act in this respect. section 2 of the english act, unlike the west bengal act, makes elaborate provision for reference to tribunal thereunder of contracts .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal181,63CWN29
..... to quit and the suit against him for his eviction would be a suit for eviction of a tenant. there is nothing in the rent control act to affect this position. whether the rent control act would apply to such a suit or not or whether the transferee--tenant would be entitled to its protection or not is an entirely ..... the notice to quit was valid and sufficient in law and (2) whether the defendant was protected from eviction by or under the rent control act--the west bengal premises rent control (temporary provisions) act, 1950 (w. b. act xvii of 1950). 17. the first of the above two questions depended upon and involved consideration of the nature of the suit tenancy, ..... raised two distinct matters, namely, (1) whether the defendant's purchase came within clauses (a) and (b) of proviso to section 12(1) of the rent control act (w. b. act xvii of 1950) so as to disentitle him to any projection under the said section and (ii) whether the plaintiff's alleged requirement was one within proviso (h .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal267,86CWN635
..... recovery of money without creating any new right and that the provision was discretionary. the court may well refuse to act under it. the word 'due' occurring in section 20 (4) of the rent control act of 1972 has entirely a different context. it occurs in a section which provides, not an alternative procedure for recovery ..... mandir).17. mr. chatterjee relied on the case reported in : air1976sc1637 (new delhi municipal committee v. kalu ram). in that judgment the supreme court held that the power to recover arrears of rent under the public premises (eviction of unauthorised occupants) act, 1958 by the estate officer is only limited to which is 'legally recoverable.' ..... to the following two decisions which may be discussed. in new delhi municipal committee v. kaloo ram, : air1976sc1637 , the recovery of arrears of rent was at the instance of the estate officer under section 7 of the delhi public premises (eviction of unauthorised occupants) act, 1958 and so it has been held that if the person .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1971Cal376,75CWN421
..... said orders ceasing to be in operation. there again the definition of tenant included a person continuing in possession after the termination of his tenancy. the west bengal premises rent control (temporary provisions) act, 1948 repealed the said ordinance and there again tenant included a person continuing in possession after termination of tenancy in his favour and no order of ejectment could be ..... had to be determined by a fresh notice to quit.'in the case of ganga dutt v. kartik chandra, : [1961]3scr813 the supreme court was considering the west bengal premises rent control (temporary provisions) act, 1948 on appeal from the case cited above and it was observed:'it is, however, well settled that where a contractual tenancy to which the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal171
..... proceedings. in this particular case it depended on certain facts, which appears to have been adjudicated upon, and, as i have held, not without evidence. the relevant rent control act contains a provision for review, and the applicant has actually made an application for review, which is pending. but, above all, what weighs with me. is ..... mr. sen has next taken the point that no writ of certiorari should be granted inasmuch as there was a remedy provided in the act itself. section 32 of the rent control act 1948 laid down a procedure for review and in this case the applicant before me has actually filed an application for review, which is ..... executive officer and that he might or might not take any evidence and may decide on his personal knowledge. the wordings of the english act, viz., the landlord and tenant (rent control) act 1949 and the regulations made thereunder are however completely different and it is always dangerous to interpret indian statutes by reference to english statutes .....
Tag this Judgment!Court : Kolkata
Reported in : (1992)2CALLT83(HC),96CWN820
..... i) of sub-section (1) of section 13, or (b) in suit under the west bengal premises rent control (temporary provisions) act, 1950, by reason only of clause (i) of the proviso to sub-section (1) of section 11 of that act,but the possession of such premises had not been recovered from the tenant by the execution of the decree, ..... ) act, 1968, a decree for the recovery of possession of any premises was passed-(a) in a suit under this act, in which no order had been made under sub-section (3) of ..... 3. the judgment debtors filed an application under section 17d of the west bengal premises tenancy act hereinafter called the act on 22-12-69. section 17d of the act is reproduced :'power of court to set aside decrees passed on account of default in the payment of rent.-(1) where before the commencement of the west bengal premises tenancy (amendment .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal195
..... license for the cerrect value of the goods, failing which, it was requited to show cause under section 167(8) of the sea customs act read with section 3(2) of the import and export (control) act, 1947. to this show-cause notice, the company replied and the reply dated september 28, 1959 is to be found in the annexure to ..... must be calculated as defined in section 30, but the statement in the order that in this case the assessment was not being made under section 30, s. c. act on an ad valorem basis is perfectly correct. according to the tariff schedule, split betal nuts imported from penang, malaya, are assessed according to weight and not on an ..... shipping documents. on or about september 8, 1959 the consignment arrived at the port of calcutta and bills of entry were duly filled in, as required under the sea customs act. the value declared was rs. 2531.81 np. on september 19, 1959 a show-cause notice was issued upon the company by the assistant collector for appraisement, customs house .....
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