Court : Kolkata
Decided on : May-11-1949
Reported in : AIR1951Cal490
..... the principle of constructive res judicata. i am unable to accept mr. mitter's contention. an issue cannot be said to have been 'heard & finally decided' as is required by section 11, c. p. c. unless a finding on the issue was necessary to the determination of the suit, or in other words, the ct. was bound to decide that ..... would contravene the doctrine of delegatus now potest delegare, but if it be assumed that a shebait is competent to abdicate from his office, in my opinion such an act would operate to transfer the office to the person entitled thereto as reversioners under the foundation or in default of any directions by the founder or of custom according to ..... gopeswar, 35 cal. 226 : (7 c. l. j. 315) maclean c. j. held as follows :'no doubt there are cases & authorities for the proposition that a shebait may by an act inter vivos alienate he shebaitship but i think i am fairly stating the result of these cases when i say that such alienations are not regarded with much favour & that .....
Tag this Judgment!Court : Kolkata
Decided on : May-12-1949
Reported in : AIR1950Cal20,54CWN149
..... for a considerable time. this criticism of babu ram roy's case, (8 c. w. n. 464) inclines us to put a narrow construction upon the words of section 4 (3), ben. ten. act, and to hold that a person will be an under-raiyat only if he holds under a raiyat at the inception of his lease. the interpretation sought to ..... an under-raiyat with a right of occupancy. this entry was challenged by the plaintiff as wrong. the plaintiff further alleged that he served a notice to quit under section 106, t. p. act, on 21st jaistha 1342, by registered post and the defendant accepted the same with the result that the tenancy was determined with effect from 1st sravan 1342.3 ..... for ejectment of the defendant from cadastral survey plot no. 633 of khatian 587 mouza garulia on termination of the defendant's tenancy by a notice to quit under section 106, t. p. act. the court of appeal below dismissed the suit and hence this appeal is by the plaintiff.2. the plaintiff's case is that he took a lease of .....
Tag this Judgment!Court : Kolkata
Decided on : May-12-1949
Reported in : AIR1950Cal15,54CWN243
..... be in another capacity as decree-holder landlord. such procedure was already in vogue even in the case of a decree-holder purchaser under the bengal tenancy act previous to section 168a. if the amount of purchase price was sufficient, then the decree-holder was also entitled not only to his decretal amount but to the costs of ..... executing court is drawn subsequently to the fact that the sale had already been confirmed without the decree-holder auction purchaser fulfilling the conditions laid down under section 168a, bengal tenancy act, all that the executing court need do is to record an order that the total amount of rent, cess and interest which had accrued due up ..... allowed a set off. therefore the procedure of the decree-holder paying to himself money by deposit in court was in force even before the amendment in section 168a, bengal tenancy act. it is therefore idle to contend that the decree holder could not have been contemplated as paying, himself. the payment to be by deposit of money .....
Tag this Judgment!Court : Kolkata
Decided on : May-12-1949
Reported in : AIR1950Cal12
..... to the contrary contained in pakistan (adaptation of existing pakistan laws) order, 1947 or in any other order made under the powers conferred by sub-section (1) of section 9, indian independence act, 1947, before the coming into force of this subsequent order.14. under sub-clause (2) of clause 3 of the 1949 order 'the whole ..... were in force on 15th august 1947 one adapting the laws so far as the dominion of india was concerned and the other for pakistan.6. section 18 (3), indian independence act, read with the particular adaptation order, ap. plicable in india and pakistan as the case may be, determines what changes are necessary in the ' ..... situate in pakistan within the province of east bengal, and the court of small causes, calcutta, within the indian dominion.4. section 18(3), indian independence act provides :'save as otherwise expressly provided in this act, the law of british india and of the several parts thereof existing immediately before the appointed day shall, so far as .....
Tag this Judgment!Court : Kolkata
Decided on : May-13-1949
Reported in : AIR1950Cal36
..... the municipal magistrate for demolition for infringement of building rules and the order was one passed under section 449, calcutta municipal act (bengal act iii [3] of 1899 now repealed, (the corresponding section under the new act being sections 363 and 364). it having been urged on behalf of the corporation that the high court had ..... no jurisdiction to interfere with the order passed in the present proceedings.76. it is indisputable that the mere fact that a 'magistrate' acts under section 421 of the act, does not make his order amenable to the jurisdiction of this court. common sense and authority tell us with one voice that a ..... in krishen doyal v. corporation of calcutta : air1927cal509 , it was held by suhrawardy and cammiade jj. that the criminal procedure code did not apply to proceedings under section 363, municipal act, and that the observation of sanderson c. j. in ramgopal goenka's case : air1925cal1251 that the criminal procedure code did apply to such proceedings, was obiter, .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-1949
Reported in : AIR1950Cal109
..... the decision of the munsif. it is argued on behalf of the appellant that the allegations as made in the plaint constitute an offence of mischief within the meaning of section 426 which falls under chap. xvii, penal code. it has, however, been repeatedly pointed out that when there is a dispute between a landlord and a tenant ..... of trees standing on the plaintiff's land, without any legal justification. such a case of a wrongful cutting of trees, for which damages are claimed, amounts to an act of mischief or criminal trespass as denned in the penal code, (commrs. of pabna municipality v. nirode sundari : air1942cal544 .8. in view of the fact that no ..... on behalf of the plaintiff to the court of the subordinate judge, hooghly. he held that under article 35, clause (ii) of schedule ii, provincial small cause courts act, this being suit for damages for trees cut down and misappropriated, and even though involving a question of title to immoveable property, was cognisable by a court of small .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-1949
Reported in : AIR1950Cal23,54CWN58
..... attachment of this incident to the lease by operation of law is a very different thing from the creation of a lease from year to year by act of parties. the two sections deal with entirely different matters and there is no conflict or contradiction between the two which requires that they should be harmonised in the manner suggested by ..... being no contract to the contrary. the only modification that was made by the operation of section 53a of the act in the legal relationship of the parties was that during the continuance of the term of five years the respondent could not eject the appellant from the demised ..... instrument. but there was a letting to the appellant followed up by payment and acceptance of rent, and the letting was for a manufacturing purpose. therefore, under section 106 of that act the lease must be deemed to be a lease from year to year terminable by six months notice to quit ending with the year of the tenancy, there .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-05-1949
Reported in : 1950CriLJ169
..... and they have appeared to show cause through the advocate-general. he baa produced in each cage an order for detention made under section 2, bengal criminal law amendment act, 1930, (bengal act vi [6] of 1930) and he claims that all the detained persona with the exception of sitanatb. das and sachindra nath makherjee ..... the association to which it was alleged the detained persons belonged was in fact such an association as was contemplated by the act. his argument was that section 2, bengal criminal law amendment act 1930, required firstly that the provincial government should be honestly of opinion that the detained persons were members of an association, ..... these latter orders the provincial government now rely to justify the detention of all the persona who have moved this court in these applications.11. section 2, bengal criminal law amendment act, 1930, is in these terms :(1) where, in the opinion of the provincial government, there are reasonable grounds for believing that any person .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-22-1949
Reported in : AIR1950Cal85,54CWN139
..... taken by rankin j. in the case of in re kalipada mukherji : air1930cal686 , was held to have become obsolete in view of the amendment of section 17, court-fees act by section 12, bengal act, (act vii [73 of 1935), 1935.15. the answer to the question formulated really depends on the meaning of the word 'relief' occurring in that clause ..... was recognised in the case of narayangunj central co-operative sale and supply society ltd. v. mafizuddin ahmed : air1934cal448 , and is now embodied in section 7(4)(c), court-fees act as amended by section 7 (2), bengal act, (act vii [7] of 1935), 1935. as pointed out, however, in the case of star trading and investment ltd. v. ashutosh mukerjee : ..... put a valuation as best as it can in the circumstances of each particular case.13. coming to the third question, the material provision is section 17(2), court-fees act which runs as follows:''where more reliefs than one based on the same cause of action are sought either jointly or in the alternative, the fee .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-27-1949
Reported in : AIR1950Cal152
..... arguments made before me and i answer the second part of the issue in the negative. i hold, therefor, that the plaintiffs are entitled to relief under section 13, rent control act, 1918, and they shall be deemed to be tenants holding directly under defendant sailen on the same terms and conditions as they did under the ghose defendants ..... is that on the basis of the plaint, the plaintiffs are not persons to whom the premises could have been 'lawfully sublet' within the meaning of section 11 (3) of the act because a major portion had been sublet to them without the necessary consent in writing of the landlord. i am afraid this argument suffers from a great ..... 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. the plaintiffs in this case became sub-lessees long before the decree or order of the small causes court and therefore the ghose defendants did .....
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