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Dr. Atmaram Daryani Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2003(1)MPHT123

..... section 19 of the pharmacy act, 1948, provides for constitution and composition of ..... the pharmacy act, 1948, contains provisions for registration ..... druggist diploma of an indian university or a state government as the case may be, of a prescribed qualification granted by the authority outside; or (b) holds a degree of an indian university other than a degreein pharmacy or pharmaceutical chemistry, and has been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not less than three years; or ..... , it is clear from the provisions of sections 30 and 34 of the act that chhattisgarh pharmacy council cannot renew the registration of an incumbent whose name has not been entered in the first register maintained by the chhatlisgarh pharmacy council. ..... tribunal shall examine every application received on or before the appointed date, and if it is satisfied that the applicant is qualified for registration under section 31, shall direct the entry of the name of the applicant on the register. ..... the petitioner relying on section 74 of reorganisation act submits that the body in state of madhya pradesh shall continue to function in state of madhya pradesh and exercise jurisdiction as existed before the appointed day over the state of chhattisgarh for a maximum period of two ..... section 31 of the act reads as ..... section 19 of the act provides the constitution and composition of .....

Brijesh Shukla Vs. the State of Madhya Pradesh Judgement Given By: ...

Court : Madhya Pradesh

..... , in the considered opinion of this court has to be interpreted and understood in the context of the stipulations contained in the pharmacy act, 1948 and the rules framed thereunder. ..... to 15.01.2013 were not considered which led the petitioners to challenge the select list dated 31.07.2013, vide writ petition no.13858/2013 on the ground that the registration 2 w.p.2015/2014 with the madhya pradesh pharmacy council was not prescribed as necessary qualification in the advertisement and by clarification it was provided that the incumbent shall produce registration at the time of signing the agreement as such the rejection of their candidature on ..... qualifications for which marks had been given to each individual candidate for possessing the same, whether or not candidate possesses the qualification as on the cut off date prescribed, whether registration with the pharmacy council was an essential qualification or not and whether candidates have wrongly been awarded extra marks for diploma ..... that where no such date is appointed by the government of a state, this sub- section shall take effect in that state on the expiry of a period of 4[ eight years].from the commencement of the pharmacy (amendment) act, 1976. ..... " furthermore, section 42 of the pharmacy act provides for that ..... provided that this sub- section shall not apply to the dispensing by a medical practitioner of medicine for his own patients, or with the general or special sanction of the state government, for the patients of another .....

Natendra N. Chowdhury and anr. Vs. the Institute of Engineers India an ...

Court : Kolkata

Reported in : AIR1964Cal73,67CWN960

..... by section 1 of the pharmacy act of 1852 the charter of 1843, except such parts as were by the act varied or repealed, was confirmed and declared to be in full force and virtue, and section 2 provided that the council of the society might make and establish bye-laws for the purpose contemplated by the charter or by that act. ..... counsel for the defendant institution rightly contended that clause 18 was a provision which should be interpreted in the light of surrounding circumstances and context of even's as directory and not mandatory and further that the non-observance of the proviso would at its worst be a procedural irregularity and not a matter going to the root of ..... 392 it will appear that the objects of the society there were being tested more on the anvil of the pharmacy act of 1852 than on that of the charter. ..... the statement of law in palmer's company law, 20th edition, 1959 at page 779 is that there is a difference of fundamental character between a chartered company and a company formed by or under an act of parliament: at common law a corporation created by royal charter has power to deal with its property, bind itself by contracts, and this corporate autonomy is unaffected even by a direction contained in the creating charter in limitation of the corporate ..... it is a principle of the interpretation of statutes that if it is impossible or even impracticable to comply with the provision of the statute such non-compliance does not vitiate the transaction but is excused. .....

Hari Prasad Vs. Madan Lal

Court : Rajasthan

Reported in : RLW2007(4)Raj3411

..... the apex court in this regard referred to the clear inhibition contained in the andhra pradesh buildings (lease, rent and eviction) control act, 1960 against the institution of the suit by the purchaser on the ground of bonafide and reasonable personal necessity for a period of three months from the ..... this civil second appeal has been filed by defendant hari prasad under section 100 of the code, civil procedure, 1908 (here-in-after referred to in short 'the cpc) against the judgment and decree dated 13.3.1989 passed ..... prem chand (supra), an application under order 22 rule 10 read with section 146 cpc was filed for impleading the purchasers to whom the property in dispute came to be sold through five registered sale- ..... decrees in those cases had been rendered in executable in view of the relevant provisions whereas in the instant case the decree passed in the suit has not become in executable in view of the provisions of section 13(1) of the rajasthan premises (control of rent & eviction) act, 1950.7. ..... 26 of 1975, the rajasthan premises (control of rent & eviction) act, 1950 did not contemplate for splitting up of the premises for the purposes of passing a decree for partial eviction and, therefore, no issue was framed with ..... in the rajasthan premises (control of rent & eviction) act, 1950, there is no such inhibition and the issue of bonafide and reasonable personal necessity of the plaintiff- respondent has been adjudicated upon in the instant case whereas it was not so done in the .....

Shyamapada Bhattacharyya Vs. Ajit Kumar Basu Mallick and ors.

Court : Kolkata

Reported in : AIR1973Cal336

..... sarkar is that there cannot be any order for possession under order 21, rule 98 because his client was claiming to be a tenant and in view of section 13 of the west bengal premises tenancy act, 1956 the court cannot give any order or decree for possession against any tenant unless any of the grounds stated in section 13 of the west bengal premises tenancy act is satisfied. 15. ..... annapurna roy) and stated that any kind of dispute including a dispute as to relationship between landlord and tenant will be a dispute in the contemplation of section 17 (2) of west bengal premises tenancy act, 1956. 17. mr. ..... sarkar argued that in view of the provisions of west bengal premises tenancy act no order can be passed by me in this application. ..... further submitted that the issue as to whether defendant is a tenant of the plaintiff has to be decided first and it can be done only when the suit has been instituted under the provisions of west bengal premises tenancy act. 18. mr. .....

Bhairulal Balmukund Verma Vs. Poonamchand Kasturchand Sancheti and anr ...

Court : Mumbai

Reported in : 1996(2)BomCR267

..... the question for consideration is whether the mischief contemplated under section 14(1)(b) of the act has been committed as the tenant had sublet, assigned or otherwise parted with the possession of the whole or part of the premises without obtaining the consent in writing of the landlord. ..... under section 13(1)(e) of the rajasthan premises (control of rent and eviction) act, 1950 (hereinafter referred to as 'the act'), the tenant is liable to be evicted, if he has assigned, sub-let or otherwise parted with the possession of the whole or any part of the premises without the permission of the landlord. ..... the question was whether it amounted to sub-letting and attracted the provisions of sub-section (4) of section 14 of the delhi rent control act. ..... case if the father was carrying on the business with his sons and the family was a joint hindu family, it is difficult to presume that the father had parted with possession legally to attract the mischief of section 14(1)(b) of the act.'17. ..... so long as the tenant retains the right to possession there is no parting with possession in terms of clause (b) of section 14(1) of the act. ..... on the other hand, the tenant examined himself and also produced the certificate of the shops and establishments act issued by the municipal council, malkapur.5. .....

Corporation of Calcutta Vs. Bon Behary Shaw

Court : Kolkata

Reported in : AIR1938Cal581

..... that clause were not applicable and to have so informed the defendant, and that in any case the defendant's mistake cannot affect the point in issue section 133 reads as follows:if, during the currency of any period prescribed by sub-section (1) of section 131, the ownership of any land or building, or portion thereof, is sub-divided into separate shares, the executive officer may, on the application ..... be increased;(iii) if such separated portions of such land, building or portion are, or are made, entirely independent and capable of separate enjoyment in conformity with the provisions of this act, or of any rules or by-laws made thereunder, relating to buildings, the executive officer shall assess each portion separately by assigning a separate number thereto,provided that by such separate assessment ..... there are separate allotments of such land, building or portion and if such allotments are made entirely independent and capable of separate enjoyment but not in conformity with the provisions of this act, or of any rules or by-laws made thereunder, relating to buildings, the executive officer may, if he thinks fit, assess such portions separately after assigning to them separate numbers under ..... not entitled to enforce its statutory charge under section 205, calcutta municipal act with regard to the debutter portion of the premises ..... into two portions under section 133, clause (i), calcutta municipal act, and that two separate ..... no other section of the act was or is applicable, and no .....

M.L.R. Fernando gaya, Nalluruwa, PanadurA. Plaintiff Vs. I.M.R. Perera

Court : Sri Lanka Supreme Court

..... 07 of 1972 which reads as follows: " notwithstanding anything in any other law, no action or proceedings for the ejectment of the tenant of any residential premises the standard rent (determined under section 4) of which for a month exceeds one hundred rupees shall be instituted in or entertained by any court, unless where- the tenant or any person residing or lodging with him or being his subtenant has, in ..... v victor de silva (1970) (73 nlr 576) noted that deterioration must amount to making worse the premises and this is confirmed by thambiah j in musthapa thamby lebbe v ruwanpathirane (1986) (1 slr 201) where he noted that the acts complained of must cause some damage to the premises let and thereby worsen its condition to obtain an ejectment on the ground of deterioration of the premises as contemplated in section 22(1 )(d) of the rent act. ..... main street, panadura on the ground that the condition of the premises had become deteriorated owing to acts committed by the petitioner in terms of section 22(1)(d) of the rent act no. ..... affirm the view that a successful action of ejectment on this ground must encompass acts that cause damage to the premises and thereby worsen its condition. ..... in the district court prayed for an ejectment order claiming that this repair caused a 'deterioration' of the premises under section 22(1)(d) of the rent act no. ..... by the defendant caused deterioration to the premises in question which would come under the purview of section 22(1 )(d) of the rent act no. .....

Smt. Kulwant Kaur and anr. Vs. Collector, Jabalpur (House Allotment Se ...

Court : Madhya Pradesh

Reported in : AIR1974MP35; 1974MPLJ27

..... , but it is the need of the landlord, which is material and the landlord can get the premises vacated not only for his own need, but for the members of the family mentioned in section 2 (e) of the act once the tenant has given up the tenancy and has secured an alternative accommodation, his dependants cannot claim that a fresh tenancy ought to be created in their favour merely because, they do not want to shift to the ..... such an interpretation can evidently not be accepted by a court of law. ..... in that event although his tenancy may stand terminated by virtue of section 42 of the m. p. ..... the learned counsel for the petitioners invited attention to the definition of a 'member of the family' as per section 2 (e) of the m. p. ..... awatarsingh will continue as a tenant under the ordinary law and the matter will be governed by section 12 of the m. p. ..... accommodation control act, 1961, being rendered nugatory and will create scope for committing frauds on the statute. ..... accommodation control act, 1961, the fact that the landlord may permit his family members to continue to occupy the house will be a mere concesision, which cannot be claimed as of right. ..... accommodation control acts of the years 1955 and 1961 regarding allotment of houses to displaced persons. ..... accommodation control act. ..... accommodation control act. ..... accommodation control act. ..... accommodation control act. .....

Arun Kumar Vs. Prakash Chand Gupta

Court : Himachal Pradesh

..... their lordships of honble supreme court have held as under (para 6):- the question for consideration is whether the mischief contemplated under section 14(1)(b) of the act has been committed as the tenant had sublet, assigned, or otherwise parted with the possession of the whole or part of the premises without obtaining the consent in writing ..... while interpreting section 14 ..... however, in this case, the case primarily hinges on the interpretation of rent deed and one of the partners had joined the bank services and another had shifted his business to ganj bazar. ..... case of lease without the written consent of landlord as required under section 14 of the rent act for creating a valid assignment of sub-tenancy has been clearly established ..... it amounted to sub-letting and attracted the provisions of sub-section (4) of section 14 of the delhi rent control act. ..... rent control laws usually protect the tenant so long as he may himself use the premises but not his transferee inducted into possession of the premises, in breach of the contract or the law, which act is often done with the object of illegitimate profiteering or rack renting. ..... under section 14 of the rent act, mere knowledge of the landlord about occupation of the tenanted premises by the said registered society and acceptance of rent for the tenanted premises tendered by the tenant in the name of the registered ..... the shop was registered under the shop and establishment act and the shop was registered for the sales tax since 1972 as .....