Court : Delhi
Reported in : 2002CriLJ819; 95(2002)DLT468; 2002(61)DRJ339
..... state of west bengal : 1970crilj863 ..... court held that he had no constitutional right to claim luxuries and company of his choice when called for interrogation because if that is allowed then the purpose of enquiry under the customs act and the other similar statutes will be completely frustrated if the whims of the person in possession of useful information for the departments is allowed to prevail.3. mr.k.k. ..... observed that the provision of the code would be applicable to the extent in the absence of any contrary provision in the special act or any other special provision excluding the jurisdiction or applicability of the code. ..... supreme court in cases under the custom acts would squarely apply to the present case ..... 1992crilj2761 , apex court observed that the person called for interrogation has no right to have his lawyer present during questioning by officers under section 107, 108 and 110 of customs act, 1962 and other similar statutes. ..... the provision of the fera and the provision of the customs act, 1962 are in para materia. ..... has been raised in this petition as to whether the provisions of the criminal procedure code would apply to an investigation carried out under foreign exchange regulation act, 1973 (called the fera). mr. k.k. ..... both the acts is also ..... governs any criminal proceeding as regards the course of which an offence is to be tried and as to the procedure to be followed renders the provision of the code applicable in the field not covered by the provision of fera or customs act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi363
..... , and was, thereforee, distinguishable was repelled the proviso in section 168 of the calcutta municipal corporation act, 1951 'that in respect of any land or building the standard rent of which has been fixed under section 9 of the west bengal premises rent control (temporary provisions) act, 1950, the annual value thereof shall not exceed the annual amount of the standard rent so fixed' was held not to alter the law because 'in determining the gross annual rent ..... the said section; and (4) an express prohibition is the municipal act like the one contained in section 26 of the calcutta municipal act, 1923, was immaterial because such a prohibition was implicit in the ..... letting value; (2) fixation of annual value beyond the jimits of rent fixed by penal rent control legislation cannot be considered reasonable and a landlord cannot reasonably be expected to let a building for a rent higher than the standard rent; (3) according to the definition in the west bengal premises rent control (temporary provisions) act, 1950, standard rent is the rent which has actually been fixed by the rent controller under section 9 or at which it would have been fixed if application were made under .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi28; [1976]38STC403(Delhi)
..... those indents supplies would be made by the food corporation to the state governments or their nominees and the cost was to be recovered from the state governments; through 'central adjustment accounts' that the control order contained provisions regarding the fixation of prices, licensing of dealers and imposition of restrictions on the manufacture or sale of fertilisers, that there was no statutory compulsion in the matter of sale or purchase ..... producer to the buyer and the price in money was paid, that as regards the) fourth element, there were several matters which the parties could decide by mutual consent, that the controller only fixed the base price of the steel products and determined the buyers; but in other respects the parties were free to decide their own terms by consent, and that it ..... west bengal taxation laws (amendment) act ..... works as required by section 46 of the factories act, 1948, read with rule 68 of the delhi factories rules, 1950, the company set up canteens in its factories ..... , 1950, and held that the transactions in the canteen were not 'transactions of sale' as understood in the sale of goods act, and ..... rules 65(2) and 68(1) of the delhi factories rules, 1950, provide as under : '65(2) the occupier of every factory notified by the chief commissioner and wherein more than two hundred and fifty workers are 'ordinarily employed' shall provide in or ..... rule 68(1) of the delhi factories rules, 1950, specifically provides that food, drinks and other items served in the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1975Delhi236
..... on the fixing of annual value was considered by the supreme court while dealing with the west bengal premises rent control (temporary provisions) act, 1950, and the calcutta municipal act, 1923, section 127(a) of the calcutta municipal act, 1923, defined annual value of rent and the annual value of any building erected for letting purposes or ordinarily let to be 'the gross annual rent at which the land or building might at the time of assessment reasonably be ..... according to the definition in the west bengal premises rent control (temporary provisions) act, 1950, standard rent is the rent which has actually been fixed by the rent controller under section 9 or at which it would have been fixed if application were made under the said section; and 4. ..... 'section 2(10)(b) of the west bengal premises rent control (temporary provisions) act, 1950, defines 'standard rent' as meaning- 'where the rent has been fixed under section 9, the rent so fixed; or at which it would have been fixed if application were made under the said section. ..... we referred to the said observations only to show that even according to the division bench of the high court of bombay, there is a distinction between fixing the standard rent under the rent control act and taking into consideration for the purpose of fixing the annual value what the standard rent would be, as it accords with the view taken by us in the present case that in fixing the annual value on the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi230
..... dealing with an application by a tenant for standardisation of rent under section 9 of the west bengal premises rent control (temporary provisions) act (17 of 1950), observed as follows :- 'the tenant asked for standardisation of rent. ..... with a similar application for fixation of standard rent under section 9 of the aforesaid west bengal act, observed as follows :- 'it is now well settled that if a tenant wants the rent to be standardised and the contractual rent to be reduced, it is for him to place the rent controller in possession of materials which would justify a reduction. ..... stated in their applications that the construction of the shops was completed in the month of july, 1951, and calculating the rent on the basis given in section 6 of the delhi rent control act, they prayed that the standard rents for the shops should be fixed at rates much lower than the agreed rates of rent. ..... and in any case did nto lay down the correct principle of law, that under the provisions of the delhi rent control act, when tenants question the agreed rent as excessive and file applications for fixation of standard rent, the burden of proving that the agreed rent is excessive and of placing the necessary evidence for fixation ..... shri marwah submitted that the provisions in the delhi rent control act do nto cast any duty on the rent controller either to make an enquiry of his own or to compel the tenants to adduce evidence, when the tenants do nto choose to place the necessary evidence before the .....
Tag this Judgment!Court : Delhi
Reported in : 19(1981)DLT123
..... (9) as i have pointed out earlier in this judgment, the west bengal premises rent control (temporary provisions) act, 1950, has a distinct and precise provision staling the date on which the new standard rent will ..... kumar ghosh, : air1963cal531 , in which reference has been made to the west bengal premises rent control (temporary provisions) act, 1950. ..... sections which require to be re- conciled for the purposes of this case are section 8 of the delhi rent control act which requires a notice to be given for increasing the rent and section 9 which enables the controller to fix an effective date from which the new standard rent shall be deemed to take effect. ..... for consideration is whether the increased rent became payable from 12th may, 1960 which was the effective date mentioned in the rent controller's order, or, whether it requires any notice by the landlord under section 8 of the delhi rent control act which requires the landlord to give a notice for increase of the rent. ..... the premises were let out after 2nd june, 1944-, and the standard rent had been fixed either under the delhi and ajmer-merwar rent control act, 1947 or the delhi and ajmer rent control act, 1952 and the rent fixed is below rs. ..... the problem requires an interpretation of several sections of the delhi rent control act so that they may be harmoniously interpreted to apply to the present case and cases similar ..... an absence of a provision in the delhi rent control act about the increased or decreased rent being payable. .....
Tag this Judgment!Court : Delhi
Reported in : 1996VAD(Delhi)482; 65(1997)DLT22; 1997(40)DRJ93
..... for the rent and for supply of electric installations and charges for supply and electric installations and for electric energy and other services formed part of the rent or not under section 2(8) of the west bengal premises rent control (temporary provisions) act, 1950. ..... it was also contended that the premises were governed by the delhi rent control act and the defendant has been depositing rent at the rate of rs.3,000.00 per month in the court of the rent controller and as such he was not liable to pay again for the same period. ..... as already observed payment of rent under the delhi rent control act before the rent controller is not legal and valid and that would not amount payment or tender of the rent to the landlord. ..... when the delhi rent control act is not applicable no rent could be deposited before the controller under the delhi rent control act and the deposit, if any made, is illegal, without jurisdiction and will not be a valid payment of rent by deposit to a landlord. ..... (9) the question is what is the agreed rate of rent and whether the premises are governed by delhi rent control act or not(10) delhi rent control act does not define the term 'rent'. ..... (17) the tenant has taken the plea that he has been depositing the rent under section 27 of the delhi rent control act in the court of additional rent controller for the period claimed by the plaintiff. .....
Tag this Judgment!Court : Delhi
Reported in : 1971RLR81
..... reasonably be expected to let is subject to the maximum limit of the annual standard rent, only in those cases in which standard rent under section 9 of the west bengal premises rent control (temporary provisions) act, 1950 is fixed by order of the controller, and since no such rent is fixed by order of the controller, the proviso to section 168 does not apply, and the assessing authority was, in determining the annual value, competent to take into account all relevant ..... was) speaking for the supreme court observed that the rental value under the calcutta act of 1923 could not be fixed higher than the standard rent under the west bengal rent control act of 1950 ..... might at the time of assessment be reasonably expected to let from year to year less; provided that in respect of any land or building the standard rent of which has been fixed under section 9 of the west bengal premises rent control (temporary provisions) act, 1950, the annual value thereof shall not exceed the annual amount of the standard rent so fixed ..... . in the present case, there is no order of the controller fixing standard rent under section 9 of the west bengal premises rent control (temporary provisions) act, 1950, but the standard rent stands determined by the definition of that expression in section 2(10) (b) of that act, which provides (omitting parts not relevant); 'standard rent' in relation to any premises means:- (b) where the rent has been fixed under section 9 the rent so fixed, or at which it would have .....
Tag this Judgment!Court : Delhi
Reported in : [1998]233ITR43(Delhi)
..... there the question arising for decision was whether the applicability of the west bengal premises rent control (temporary provisions) act, 1950, was attracted to the premises. ..... 3(1)(b) of the punjab municipal act, 1911, defined 'annual value' in the case of any house or building to mean the gross annual rent which such house or building together with its appurtenances and any furniture that may be let for enjoyment ..... 256(2) of the act we have to confine ourselves to the questions (i) whether the questions as proposed are the questions of law; and (ii) whether they do arise from the order of the tribunal which way the questions may ultimately be answered is not ..... 143(1) of the act and were not made after scrutiny. ..... 256(2) of the it act, 1961, filed by the revenue arising out of the asst. yr. ..... 2 of the act defined the premises so as to include therein any furniture supplied or any fittings affixed by the landlord for use of the tenant in such building or part of the building.11. ..... 3 of the punjab municipal act, 1911. ..... 22 and 23 of the act.12. ..... the term 'rent' was not defined in the act. ..... atchaiah : [1996]218itr239(sc) wherein their lordships have held :'the ito has no option like the one he had under the 1922 act. ..... 64(2) of the it act 4. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1980Delhi308
..... of west bengal proceeded to procure aman rice by issuing the west bengal rice mills control order and this order, by clause 4 ..... (16) the grounds of challenge to this order as set out in the various petitions are numerous and multifarious but the learned counsels for the petitioners have urged the following three grounds before us : 1.the reference to 'controlled price' in sub-section (3) of section 3 is to a price fixed under clause (c) of sub-section 2 of section 3 and such a 3(2)(c) price has to be a universal price and not a price fixed either for a transactioner for a part of the stock ..... ' at which the entire stock of an essential commodity would be bought or sold throughout the country, it also has the power to fix a price to be equally called 'controlled price' which is to serve only as the basis of calculating a price payable either under clauses (a) and (b) of sub-section (3) of section 3 or under clauses (a) and (b) of section 3a(iii) or under section 3c- (22) a reference to section 3(c) ..... of india, : [1974]2scr398 , the supreme court had occasion to consider a contention that the power to issue orders in respect of essential commodities under section 3 of the act having been conferred to ensure their availability at fair prices, such orders cannot validly confer arbitrary powers on the executive to fix prices of essential commodities unrelated to the cost of production ..... control over sugar was relaxed in 1950 in that production over 90 per cent of the total production of .....
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