Judgment Search Results Home > Cases Phrase: west bengal animal slaughter control act 1950 Court: chennai Page 1 of about 137 results (0.085 seconds)

P.G. Narayanan Vs. the Union of India (Uoi), Rep. by the Secretary, Mi ...

Court : Chennai

Reported in : 2005(3)CTC582; (2005)3MLJ210; [2005]62SCL586(Mad)

..... high court recognizing the locus standi of the writ petitioners as representing the hindu segment of the society which felt aggrieved by the impugned exemption granted by the state exempting the operation of the west bengal animal slaughter control act, 1950 on bakrid day. ..... standing outside the doors of the court never moves, which piquant situation creates frustration in the minds of genuine litigants and resultantly, they lose faith in the administration of our judicial system.a person acting bona fide and having sufficient interest in the proceeding of public interest litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction ..... state of west bengal] are relevant : 'court has to strike balance between two conflicting interests - (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others; and (ii) avoidance of public mischief and ..... of west bengal ..... west bengal ..... of west bengal v ..... it was further submitted that if the petitioner was relying on the provisions of the competition act, then a reading of the act would show that the act cannot be invoked until an agreement is entered into pursuant to the grant of a license and that stage has ..... quia timet action is defined as 'one a claimant may bring to obtain an injunction to prevent or restrain some threatened act which, if it is done, would or may cause substantial damage and for which money would not be a sufficient .....

Sakuntala Rajappa Vs. K. Kamala

Court : Chennai

Reported in : AIR1973Mad325

..... 'premises' has been defined by section 2, sub-clause(8) of the west bengal premises rent control act, 1950 as any building or part of a building or any hut or part of a hut let separately and includes(a) the gardens, grounds and out-house (if any) appertaining to such building or part of a building or hut or part of a hut, and (b) any furniture ..... of 'rent' by the english court was not justified while interpreting the term as found in the west bengal premises rent control (temporary provisions) act, 1950, that the definition of rent by the supreme court must, in any event, be deemed to be based upon the peculiar provisions contained in the west bengal premises rent control (temporary provisions) act,1950 and cannot be applied to cases under the madras rent control act the provisions of which are dissimilar and that the observations relating to 'rent' made by this ..... court in : (1969)2mlj8 are opposed to the provisions of section 30 of the madras rent control act, 1960 and must in any event be deemed obiter and will not govern the ..... miss augustine, : [1957]1scr20 a case under the west bengal premises rent control (temporary provisions) act, 1950. .....

R. Kapanipathi Rao and anr. Vs. M.S. Meyyappan and anr.

Court : Chennai

Reported in : AIR1974Mad57

..... of the definition of 'buildings' under the madras enactment and the andhra pradesh buildings (lease and rent control) act as also the definition of premises under the west bengal act and the bombay enactments or the definition of accommodation under the madya pradesh enactment is very material and natesan ..... the definition of 'premises' in the west bengal premises rent control (temporary provisions) act, 1950 came up for consideration before the supreme ..... of a lease of cinema theatre and the definition of the word 'premises' within the meaning of the west bengal premises rent control (temporary provisions) act, 1950, had to be considered. ..... rao, j) as he then was, who having regard to the wide connotation that was given to the word 'building' and the purposes for which the madras buildings (lease and rent control) act was enacted, the nature of the structures in the suit premises and the manner in and the entire premises were being let out and used for a number of years at any rate ..... in the west bengal enactment very widely and the preamble of the enactment showed that the intention was to make better provision for the control of rents ..... in the definition of 'building' occurring in the andhra pradesh act, or 'premises' or 'accommodation' contained in the acts of bombay, west bengal and madhya pradesh, we find the addition of the words 'or any fittings affixed' after the words 'any furniture ..... and the entire lease is the lease of a 'premises' under the west bengal premises tenancy act. .....

Sri Kayaroganaswamy Vs. Nagapattinam Co-operative.

Court : Chennai

..... contended that his client should be treated as a statutory tenant within the meaning of section 2 (ii) of the west bengal premises rent control act, 1950 and the contractual tenancy ceased to subsist as and from the date of the expiry of the first notice. ..... das, (air 1961 sc 1067) and drew our attention to the observation made by the supreme court at page 1069 where it was observed that it was well settled that where a contractual tenancy to which the rent control legislation applies, has expired by efflux of time or by determination by notice to quit and the tenant continues is possession of the premises, acceptance of rent from the tenant by the landlord after the expiration or determination of the ..... there must be a definite assent to this continuance of possession by the lessor/landlord, and that such an assent of the landlord cannot be assumed in the matter of tenancies to which the rent controls acts apply by virtue of the immunity by eviction which a tenant enjoys even after the expiry of the lease. ..... circumstances, if the possession is without the consent of the landlord then, the same will come under the category of a 'tenant under sufferance'.47.to bring a new tenancy into existence as per section 116 of the transfer of property act, there should be an agreement that on one side, there should be an offer of taking a fresh demise evidenced by the lessee's continuing occupation of the property after the expiry of the lease and on the other side, .....

P.V.S. Vencatachellum Vs. P.V.S. Kabalamurthy Pillai

Court : Chennai

Reported in : AIR1955Mad350

..... west bengal premises rent control (temporary provisions) act 38 of 1948, (section 1) and west bengal premises rent control (temporary provisions) act 17 of 1950 (section 1) are not ..... thirdly, inasmuch as in law and in equity the plaintiff has become a life tenant and not a mere tenant under the ordinary law of landlord and tenant to which alone the rent control act refers and applicable, the eviction under the rent control act is illegal and void.fourthly, the right claimed by the plaintiff in respect of the suit premises is also in the nature of legal and equitable right provided in sections 10 and 11, ..... transfer of property act and though a bench of this court has held that the rent control act must be construed as impliedly rescinding and repealing the transfer of property act, that decision is not correct and is also against the principles of other decisions of this court and that under certain circumstances though the question ..... the plaintiff has always looked upon himself as an ordinary tenant and has paid 50 per cent, increase under the rent control act and prayed not to be evicted on the ground of the peculiar relationship between himself and the present defendant which permitted him to pay rents whenever he had funds ..... and the present plaintiff), mohanambal (defendant 3 therein) muthulakshmi animal, widow of sambasivam pillai (defendant 4 therein) and p.v. .....

Raval and Co. Vs. K.G. Ramachandran and ors.

Court : Chennai

Reported in : AIR1967Mad57; (1966)2MLJ63

..... instance we have been occupied with the provisions of the bombay rents, hotel and lodging house rates control act 1947 (act lvii of 1947) the bihar buildings(lease, rent and eviction) control act iii of 1947, the madhya pradesh act, the delhi and ajmer merwara rent control act, the orissa act, the rajasthan act, the west bengal and mysore acts, in addition to our own. ..... miss augustine, thesupreme court was concerned with the west bengal premises rent control(temporary provisions) act 17 of 1950 and the interpretation of the word "rent" as occurring in the statute; the term was held comprehensive enough to be paid to his landlord, for the use and occupation in respect of both the building and its installations.in dr. ..... and the background of the provisions of the transfer of property act, remain governing this class of relationships.at the other end we have an act like the madras buildings(lease and rent control) act 18 of 1960, which in section 10 practically enacts a self-contained codes, with a special machinery of rent control tribunals for applications for eviction and orders for eviction. ..... ) felt the difficulty that the catena of decisions of this court as far as the madras rent control acts are concerned, has been only in the consistent directions that these acts did purport to interfere with contractual tenancies both as regards the fixation of fair rents and as regards the respective rights of landlords and tenants, in the matter of eviction and the grounds for eviction; .....

M/S.Sonali Rep. by Its Partner Mr.Amit K.Saiya, Vs. C.Balaji.

Court : Chennai

..... . however, on the date of expiry of the contractual tenancy the west bengal premises rent control (temporary provisions) act, 1950 was in force and therefore the rights of such a person ..... regard to m.p.no.251 of 2009 in r.c.a.no.754 of 2008, it is to be pointed out that the revision petitioner/ tenant has filed this miscellaneous petition to issue subpoena [under tamil nadu buildings (lease and rent control) act, 18 of 1960 r/w act 23 of 1973] to the income tax officer, pollachi for returns of the respondent/ landlord and to the commercial tax officer, nandanam, 46 greenways road, chennai to produce the records of the business including ..... that the respondent/landlord has made a fraudulent representation claiming to be the owner of 600 square feet and has instituted proceedings for owner's occupation under the tamil nadu buildings (lease and rent control) act, 1960 and in fact, the revision petitioner/ tenant has sent a counsel's notice to the respondent/ landlord at his pollachi address in coimbatore district and the respondent/landlord is having a firm ..... between the parties and in fact, no plea is raised in this regard and further, the respondent/petitioner comes within the definition of landlord as per section 2(6) of the tamil nadu buildings (lease and rent control) act, 1960 and in annexure 1 a of the sale deed dated 16.02.2006 executed by bharani rajendra kumar reddy represented by his agent g.venugopal, duly appointed as power agent [as per power deed dated 08.11.2000] to .....

Pals theaters and ors. Vs. B. Abdul Gafoor Sahib and ors.

Court : Chennai

Reported in : AIR1974Mad135

..... construing a similar provision in west bengal premises rent control (temporary provision) act, 1950, the calcutta high court took the view in kali ..... , contended that the said decision is not applicable to the facts of this case and that decision was given with reference to the definition of 'building' occurring in the madras buildings (lease and rent control) act 1946 (madras act 15 of 1946) and that different considerations arise in examining the nature of the lease in the instant case, which, according to the counsel, should be determined with reference to the relevant provisions of the ..... for the appellants, contends that the said decision of the bench was given with reference to the definition of 'building' as found in the madras buildings (lease and rent control) act, 1946 (madras act 15 of 1946), that what we are concerned with in this case in the 1960 act and that, therefore, different considerations arise. ..... (1964) 68 cwn 1136 in construing a similar provision in west bengal premises tenancy act, 1956.15. ..... this act was repealed by the madras buildings (lease and rent control) act, 1949 (madras act 25 of 1949 which came into force on ..... : air1966ker244 (fb), had to consider the provisions of section 2(1) of the kerala buildings (lease and rent control) act, 1959, as amended by the act 29 of 1961. ..... 1953 sau 113, the question that arose for consideration was regarding the interpretation of section 5(8)(b) of the bombay rents and hotel and lodging house rates (control) act, 1947. .....

R. Balakrishnan Vs. State of Madras Represented by the Director of Con ...

Court : Chennai

Reported in : AIR1952Mad565; (1952)1MLJ514

..... , thequestion was about the validity of an order passed under west bengal bice mills control order, 1949. ..... he repeated his request and was informed by the director of controlled commodities in his letter dated 17th march 1950, that permission for additional looms would not be granted in view of the meagre supply position of yarn in ..... made by the secretary in exercise of the power conferred by the section was challenged on the ground that the act, itself was not valid under due process clause of the fifth amendment, besides other grounds. ..... now the cotton textile control orders were notified under section 3 (1) of act 24 of 1946 long prior to the constitution, under the influence of a different theory and from a different standpoint and it is not, therefore, a matter for surprise that some of these provisions do not fit in with the pattern ..... the preamble to the act shows that the object of the legislation was to continue the war-time control of the production, supply and distribution of essential articles for a further ..... life of this act has been extend-ed from time to time by resolutions of the legislature dated 25-2-1948, 23-3-1949 and 20-12-1949 and finally it has been extended upto 31-12-1952 by act lii of 1950. ..... ', (1950) 338 u s 604: 94 law ed 381, the validity of certain provisions in the sugar act was ..... ', (1950) 338 u s 604:94 law ed 381, an order of the secretary of agriculture allotting sugar quota among various refineries under the provisions of the sugar act of 1948 came up .....

D. Namasivaya Mudaliar and ors. Vs. the State of Madras, Through the R ...

Court : Chennai

Reported in : AIR1959Mad548

..... the legislature of west bengal had passed an act xxi of 1948, directing that in respect of lands acquired for the settlement of immigrants from hast bengal the compensation payable should not exceed the market value of the land on december 31, ..... judge then referred to the decision of the supreme court, which we have already cited, and ended;'these observations apply to the provisos to section 7(1)(e) of act 60 of 1948 with equal force and applying the principle laid down by their lordships i must hold that provisos to section 7(1)(c) are ultra vires the constitution. ..... it will be noticed that in one respect the bengal act did not go even so far as madras act xi of 1953, the bengal act did not deny to the citizen compensation for the value of the improvements that he had effected after 31-12-1946, whereas, the madras act denies compensation for all non-agricultural improvements made after ..... decided to mine this coal and for that purpose it was necessary for them to get control over the lignite bearing areas. ..... to pay for them and to provide for payment for only the bare land would be like paying only for a pack animal and insisting on the delivery of the silks, spices, bullion and jewellery that may have been loaded on the animal's back. ..... of the act was to provide for the restoration to former ryots of lands which have been sold for arrears of rent or from which they had been ejected for arrears of rent or which were treated as having been abandoned by them between 1939 and 1950. .....