Court : Andhra Pradesh
Reported in : 2007(2)ALD77
..... rule 7 framed under the act, provides that provisions of the west bengal animal slaughter control act, 1950, shall not apply to the slaughter of any animal for religious, medicinal or research purpose subject to the condition that such slaughter does not affect the religious sentiment of the neighbours of the person or persons performing such slaughter and that the previous permission of the state government or any officer authorized by it is obtained before the slaughter. ..... animal slaughter control act, 1950 (slaughter control act). ..... the high court of calcutta allowed the writ petition on the holding that the government had no power to grant such exemption as there was total ban on slaughter of healthy cows and other animals mentioned in schedule under section 2 of slaughter control act. ..... the government of west bengal issued said notification under section 12 of w.b. ..... in state of west bengal v. ..... ashutosh lahiri : air1995sc464 , the exemption notification permitting slaughter of cows on the occasion of bakri-idd was challenged. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2003AP84; 2002(3)ALD804; 2002(4)ALT176
..... a writ petition was filed before the calcutta high court challenging the validity of exemption of slaughter of scheduled animals namely, cows, from the operation of the west bengal animal slaughter central act, 1950 on bakrid-idd day. ..... exemptions:--subject to such conditions as may be prescribed in this behalf, the provisions of this act shall not apply to--(a) any animal operated upon for vaccine, lymph, serum or any experimental or research purpose at an institution established, conducted or recognised by the government;(b) any cow or animal--(i) slaughter of which is certified by a veterinary officer authorised by the government to be necessary in the interests of the public health;(ii) which is suffering from any disease which is certified by a veterinary officer authorised by the government as being contagious and ..... pollution control board, 0043/1993 : air1993ap257 , filed by head of the women wing of the society for protection of animals for the state of andhra pradesh, honorary welfare officer of the animal board, government of india against the establishment of a mechanised slaughter house i.e. ..... in the madhya pradesh state, there is a total ban on the slaughter of cow, male or female calves of a cow, bulls, bullocks, or heifers and the slaughter of buffaloes (male or female adults or calves) are controlled in that their slaughter is permitted under certificate granted by the proper authorities mentioned in the act.22. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1990CriLJ1641
..... case : [1975]1scr394 (supra) the same question had arisen in relation to the appellate jurisdiction when an amendment to the west bengal premises rent control (temporary provisions) act, 1950, was made and the decree of the appellate court was suitably modified taking the aid of the amendment. ..... of the tribunal under the bombay rents, hotel and lodging house rates control act, was confirmed. ..... prescription of limitation being a procedural law, the parliament, by an ordinary law under the act, is entitled to regulate the procedure to initiate the action for contempt of the high court and supreme court and a as a facet thereof, prescribed the limitation of one year ..... the legislature is also aware of the existence of the limitations provided in the limitation act, 1963 and also in the code of criminal procedure regarding laying of prosecution for offences mentioned in chapter 36. ..... it was also held that the limitation provided under the limitation act, 1963 or in chapter 36 of code of criminal procedure, 1973, is unavailable to compute ..... of the legislative animation to the above ..... 20 manifests the legislative animation that the proceedings for contempt of court shall be initiated as expeditiously as possible within a maximum period of one year and the cut off period of one year has been given so that thereafter, ..... it was held that the preamble of the act itself indicated the prescription of limitation on the power of the court to punish for contempt of courts and to regulate the procedure .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP156
..... the supreme court itself considered the cope of the expression 'premises' defined in section 2 (8) of the west bengal premises rent control (temporary provisions)act, 1950 in : [1957]1scr20 . ..... in that case, the high court was construing the expression 'premises contained in section 2 (8) of the west bengal premises rent control (temporary provisions) act , 1950. ..... 'it should be noted that the material part of the definition of 'premises' occurring in the west bengal premises tenancy act, so far as this point is concerned, was the same as the definition in the earlier kali pradad's case, : air1953cal149 .23. ..... furniture supplied or any fittings affixed by the landlord in the premises and let out along with the cinema hall the entire thing comes within the definition of building and consequently the provisions of the act would govern the relationship of landlord and tenant, the result of which is that although the term of the lease deed has expired, the landlord would not be in a position to evict the tenant, except for anyone ..... from a reading of the judgment, it is obvious that the full bench felt that the object of the amendment act of bringing cinema theatres also within the operation of the rent control act was achieved by introducing the words 'or any fitting affixed'. ..... oxford dictionary defines it is 'buildings for human habitation or occupation, building for keeping animals or goods; audience in theatre; performance in theatre etc. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP9
..... under the special provisions of the west bengal premises rent control (temporary provisions) act of 1950, 'premises' is defined as including the furniture supplied as also the 'fittings' affixed by the landlord for use of the tenant in such building or part of a building etc. ..... 60 of 1949, and the learned judge held that the provisions of the rent control act did not apply, and consequently dismissed the appeal. ..... 7 of the madras buildings (lease and rent control) act, 1946, hereinafter referred to as the act, for eviction of the appellant herein. ..... the next question that falls to be decided is whether the provisions of the rent control act apply to the lease in question marked as exhibit b-20. ..... , electric installations and other amenities agreed between the parties to be provided by and at the cost of the landlord'.that decision does not consequently help the construction of the term 'building' under the madras rent control act, which is differently worded. ..... 60 of 1949 on the file of the subordinate judge's court, guntur was dismissed on the ground that the provisions of the rent control act did not apply. ..... nachiar animal, air 1918 mad 143 (1) (h1) where the court took note of the cause of action which arose subsequent to the filing of the plaint. ..... the same principle is applied where subsequent to the institution of the suit fresh legislation is passed.the decision in lakshmi animal v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1978AP319
..... mohitosh : [1970]1scr16 where in respect of a tenancy governed by west bengal premises rent control (temporary provisions) act the monthly rent of 8 months between september 1954 and april 1955 was admittedly paid by the tenant limited by ..... [1974]2scr629 also it was pointed out by the supreme court that an analysis of the tamil nadu buildings ( lease, rent and eviction) control act (which is in similar terms as the andhra pradesh act) would show that the act provides a complete code for every contingency that is likely to arise in the relationship of landlord and tenant. 16. ..... sugan chand : [1964]5scr239 the supreme court had to consider section 4 (a) of the madhya pradesh accommodation control act which was in the following terms: 'no suit shall be filed in any civil court against a tenant for his eviction from any accommodation except on one or more of the following grounds: (a) that the tenant has ..... after examining the various provisions of the rent control act it was held that the rent control act is a complete code intended by the legislature wholly occupy the three subjects mentioned in preamble of the act concerning the relationship of landlord and tenant in regard to houses ..... : [1969]3scr989 it was held that if the tenant has sublet the premises without the permission of the landlord either before or after the coming into force of the rajasthan premises control (control of rent and eviction) act (17 of 1950) he is not protected from eviction under s.13 (1) (c) of the act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(2)ALT62
..... even if there is no order of the controller the standard rent, the court held, stands determined by the definition of the expression in section 2 (1) (b) of the west bengal premises rent control (temporary provisions) act, 1950. ..... the court held that it would be proper interpretation of the provisions to hold that where the standard rent of a building had been fixed under section 7 of the rent control act and there was nothing to show that there had been any fraud or collusion, that would be its reasonable letting value, but where that is not so and the building has never been let out ..... in the section provision is made under sub-section(3) notwithstanding anything in the andhra pradesh buildings (lease, rent and eviction) control act, 1960, the gross annual rent at which the lands and buildings might reasonably be expected to be let from month to month or from year to year shall be determined by the commissioner with reference to its location, type of construction, ..... in sub-section (3), of section 87 provision was made that notwithstanding anything in the andhra pradesh buildings (lease, rent and eviction) control act, 1960, the gross annual rent at which the lands and buildings might reasonably be expected to be let from month to month or from year to year, shall be determined by the commissioner with reference to its location, type of construction, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(5)ALD816
..... : [1968]2scr20 , the supreme court considered the right of a tenant under west bengal premises rent control (temporary provisions) act, 1950. ..... 1973]1scr850 , the nature of right of a tenant under rajasthan premises (control of rent and eviction) act, 1950 was considered by the supreme court. ..... bench also referred to madras estates abolition act, 1948 and tenancy laws of west bengal and madhya pradesh in support of the conclusion that a tenant under andhra tenancy act is entitled to some portion in the ..... act repealed hyderabad houses (rent, eviction and lease) control act, 1954, which had replaced the hyderabad rent control order ..... it noted, the said rent control order was repealed by hyderabad houses (rent, eviction and lease) control act, 1954, which was again repealed ..... jagannadha rao (as his lordship then was) considered the question as to whether determination of a contractual tenancy by notice to quit under section 106 of the transfer of property act, 1882, or passing of a decree for eviction by civil court during the ten year period of exemption becomes null and void if during the pendency of the suit before the trial court or court of ..... in possession after thetermination of the tenancy in his occupation.however, a person placed in the occupation of the building by his tenant or a person with whom the collection of rents or fees in a public market, cart-stand or slaughter house or of rents for shops has been framed out or leased by a local authority, cannot be treated as a tenant. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD28; 1998(6)ALT318
..... void as the purported levy of the tax is in effect and substance a tax on sales and, therefore, void, and ultra vires the section 15 of the central sales tax act, 1956, and consequently the 1st respondent has forfeited its entitlement to'its proportionate share of additional excise duty collected by the 2nd respondent under the provisions of the additional duties of excise ..... west bengal taxation laws (amendment) act, 1981 levied cess in respect each kilogram of tea on the dispatches from such tea estate of tea grown therein as the state ..... the next decision to be considered is union of india versus bombay tyre inlet-national limited (supra) wherein the supreme court while considering the scope of central excise and salt act (1 of 1944) observed as fellow's:'when excise was levied on a manufacture at the point of the first sale by him' that may be because the taxation authority imposing ..... legislate under entry 62 list 2 in respect of a declared industry, the scope of declaration and consequent control assumed by the union must be demarcated with precision and then to ascertain whether the impugned state legislation trenches ..... point out that section 3 is a charging section and provides that 'for the period beginning with the 17th day of august, 1950 and ending &n; the 31st day of december, 1957, every person vending or stocking tobacco within any area to which this act extends shall be liable and shall be deemed always to have been liable to pay a luxury tax on such tobacco in the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD582; 2001(6)ALT433
..... . in pankaj bhargava's case (supra), the permission of the rent controller under section 21 of the delhi rent control act; which enables the landlord to let out the premises to a tenant, was held by the high court as marred by fraudulent suppression of facts as the same was merely unspecified sanction of a subsisting tenancy ..... respondent was appointed as district judge in a vacancy reserved for st, and such reservation was with reference to the constitution (scheduled tribe) order, 1950 which itself forms part of the constitution, and since fraud alleged is with reference to constitution (scheduled tribes) order, 1950, not only deceptive assertions and false representations, but also admitted facts, incidents and circumstances become decisive to infer fraud in a case of ..... of west bengal, air ..... declared the law to the effect that it is not permissible for the courts to issue directions for exclusion or inclusion of any caste or tribe from the scheduled castes or scheduled tribes order, 1950, and that parliament alone has power to alter the lists of sts under article 342(2) of the constitution.32. ..... reservation as st by any person is only with reference to the constitution (scheduled castes) order, 1950, which is the organic law (lois organiques) under the constitution (see modern constitutions by ..... to be a member of st, if he belongs to a tribe which under the constitution (scheduled tribes) order, 1950 has been declared to be a scheduled tribe for the area of which such person is a resident. .....
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