Court : Kolkata
Reported in : AIR1951Cal500
..... appeal was filed before the chief judge of the presidency court of small causes and he acting in accordance with the provisions of section 32 (1) (a) of the west bengal premises rent control (temporary provisions) act, 1950, transferred the case for hearing to another judge at calcutta, court of small causes. ..... is argued on behalf of the landlord that the court had no jurisdiction whatsoever to decide this appeal and the argument urged on his behalf may be put thus: under the west bengal premises rent control (temporary provisions) act of 1948, an appeal by a person aggrieved by any order of the controller lay in respect of premises in the presidency town of calcutta to the chief judge of the court of small causes, calcutta. ..... proceedings for standardisation were under the provisions of the west bengal premises rent control (temporary provisions) act, 1948, and the rent controller passed his order under that act. ..... in questions of procedure retrospective effect is given to an act and, therefore, the chief judge of the court of small causes, calcutta, before whom the appeal was filed had the power to act under the provisions of section 32 of the act of 1950 and transfer the case to another judge of the court of small causes, ..... under the 1950 act, the chief judge acting as the district judge is empowered to transfer the case to another judge of the court of small causes who shall act and try the appeal as a subordinate judge under the bengal, agra and assam civil courts act of 1887. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal550,56CWN167
..... above contention also fails because section 2(11) of act lxii of 1950 which is expressly made retrospective defines a tenant to include any person whose interest in the premises has been ipso facto determined under subsection 3 of section 12 of west bengal premises rent control (temporary provisions) act, 1948.12. ..... west bengal premises rent control (temporary provisions) act, 1950 came into force on 31-3-1950. ..... 30-11-1950, section 18(1) of the said 1950 act was amended by west bengal act, 62 of 1950. ..... the question whether the rent control acts are void of the constitution was answered in the negative by the decision in 'iswari prasad v. n. ..... the effect of the amending act, 62 of 1950 is that the amendments made by the act will apply retrospectively to the said ..... the petitioner instituted on 16-12-1949 a proceeding under chapter vii of the presidency small cause courts act, on the ground that the opposite party had defaulted in payment of rent for 3 consecutive months ..... sett further contended that section 18 of the 1950 act speaks of an application by the tenant, that the tenancy of the opposite party having ipso facto determined, the opposite party is no longer a tenant and the application is not maintainable by ..... the application under section 18(1) of the 1950 act must therefore be allowed, though for reasons which have become available to the opposite party, since the issue of the ..... 30-5-1950, the opposite party filed an application under section 18(1) of the said 1950 act. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal671,57CWN431
..... rent controller and the learned judge have proceeded on the footing that the premises were not let in 1941 and therefore the standard rent had to be fixed under the provisions of section 9 (1) (e) of the west bengal premises rent control (temporary provisions) act, 1950. ..... the rent controller ought to apply his mind to the provisions of section 9 (1) (e) of the rent act of 1950 and to those of clause (3) of ..... assessing authorities came to the conclusion that the standard rent was to be fixed according to the provisions of section 9 (1) (e) of the rent act of 1950, namely, as to what the premises would have fetched on the first day of december 1941, if let out. ..... was for the tenant who wants to have the rent standardised to prove that the contractual rent was not appropriate, but that the rent was in excess of what is provided for by the rent control act and that it should be, therefore, reduced.14. ..... after all, he has entered into a contract and wishes to alter it by virtue of the provisions of the act, and, i think, it is by now well settled that it is for him to adduce evidence to show that the contractual rent should be ..... judgments of both the rent controller and the learned judge are set aside and the cases are sent back to the rent controller for decision in accordance with ..... 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. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1980Cal131
..... learned advocate for the appellant refers to section 40 of the west bengal premises tenancy act, 1956 which repeals the provisions of the west bengal premises rent control (temporary provisions) act, 1950 but clause (b) of sub-section (2) of section 40 of the act provided that any proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture or punishment under the 1950 act relating to the period before such repeal might be instituted or enforced as if the act was in force and had not been repealed or had ..... muhammad omer (unreported) in whichhis lordship held that the right of sub-tenant under the proviso to section 12 (1) (c) read with section 13 (2) of the act of 1950 was a vested one and the west bengal premises tenancy act 1956 did not either expressly or by implication deprive the said right of the sub-leases of a tenant against whom a decree under section 12 (1) (c) would be passed. ..... 1 and 2 that the suit for ejectment against angurbala was brought under section 13 (1) (a) of the west bengal premises tenancy act 1956 for having sublet, the portions of the suit premises to tenants both before and after commencement of the act of 1956; but the plaintiff who claimed to have occupied a portion of the suit premises as a subtenant before the commencement of the act of 1956 failed to give notice to the landlord of sub-letting under sub-section (2) of section 16 of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal336,70CWN682
..... on the question of the effect of non-compliance with an order of court under section 14 (5) of the west bengal premises rent control (temporary provisions) act, 1950, there are judicial pronouncements, of which mention may be made to the bench decision, reported in mrs. ..... out of a suit for eviction, instituted while the west bengal premises rent control (temporary provisions) act, 1950, was in force.2. ..... purpose may be quoted as hereunder 'that the defendant is not entitled to protection against eviction under the west bengal premises rent control (t. p. ..... certain decisions to the contrary, it may be open to argument that the grounds under the provisos to section 12(1) of the above rent control act would be parts of the cause of action in a suit for eviction, governed by that statute. ..... the plaint of the instant suit, the material particulars of the defaults, on which the plaintiff's claim to deprive the defendant of protection under the above rent control law was based, were given and, upon that view, his lordship came to the conclusion that the plaint disclosed no cause-of-action and was, accordingly, ineffective ..... we will, for our present purpose, assume that the dismissal of the appeal by the lower appellate court under section 14(5) of the above act was not correct and it would not debar the defendant from agitating his grievances against the decree for ejectment, affirmed by that court, in the ..... ) act, 1950, inasmuch as he has failed to pay and/or deposit rents for two months each .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal599,57CWN368
..... this rule was issued at the instance of landlords who are being prosecuted before a presidency magistrate of calcutta under section 40, west bengal premises rent control (temporary provisions) act, 1950.2. ..... under article 20 of the constitution of india it is clearly provided that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, so that, since the passing of the constitution of india if the act charged was not an offence at the time when it was committed, there can be no conviction therefor whatever the subsequent legislation may have done. ..... under the present act of 1950, under section 40 an offence has been created and prosecution provided for in the court of a magistrate. ..... there is no allegation of any one suing the petitioners before under that rent control ordinance for enforcing the penalty under that ordinance so that any question of pending proceedings could arise. ..... under section 8, bengal general clauses act if there was a liability to a penalty, that only was perhaps saved. ..... briefly, the facts are that in july 1948 a tenancy was created by the petitioner in favour of one satyaranjan bhattacharjee at the time when the rent control ordinance of 1946 was in force. ..... taking advantage of this new legislation, in 1950, an application was filed on 23-7-52 by the tenant for action under section 40 and the magistrate began proceedings against the landlord-petitioners. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal381
..... i may point out that there is a considerable distinction between the provisions of section 18, west bengal premises rent control act, and section 28 of the act, in particular if my interpretation is correct that we are to look to the provisions of section 29 to assist in the interpretation section 18 of the for met act speaks of the decree being varied if the court 'is of opinion that the decree or order would not have been made if this act had been in operation at the date of the making of the decree or order. ..... 861 of 1941) in which it was decided that applications under section 18, west bengal premises bent control act must be made to the appellate court, as being 'the court which made the decree' within the meaning of the words used in that section. ..... 861 of 1941, however applicable to the provisions of section 18, west bengal premises rent control act, cannot apply to section 28 of the act. ..... of the arrears, and costs (i think also the damages; vide below) and if the tenant pays them he will not be ejected, and in that sense the controller will collect the rent for the landlord, but i can find nothing in the act which will allow the controller to pass an order for actual payment of arrears in the event that the tenant does not pay up within the time specified in section 6 ; on the contrary, there .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CompLJ314(Cal),[2008]84SCL239(Cal)
..... the expiry of the period an application was made by the appellant for fixation of standard rent of the demised premises under the west bengal premises rent control (temporary provisions) act, 1950. ..... asserts that the grounds for eviction under such act are strict and a lessee under a deed for a three year tenure, with or without an option to renew at the end thereof, is protected as a tenant on much the same lines as a tenant under the west bengal premises tenancy act, 1956. ..... the respondent has relied on the said andhra pradesh rent control act and the protection that is guaranteed to a tenant under section 10 without referring to section ..... the official liquidator insinuates that the second agreement cannot be a complete recording of what passed between the transferee and the company in liquidation or those in control thereof and suggests that a valuable property of the company was sought to be fraudulently removed from the pool of assets that the creditors of the company, including a large number of public depositors, could look to ..... further, loans were sanctioned after the winding up petition was filed and the appellant and the company applied under section 536(2) of the act seeking leave of the company court for allowing the disposition of the company's property 'which may have to take place' as a consequence of ..... a stay is read into the order of 25 february 2002, at the highest, it kept the order of winding up in abeyance or suspended animation but did not altogether wipe it off. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal181,63CWN29
..... having been held in public auction under the order of the court, it was an involuntary sale and was not a transfer within the meaning, tenor and spirit of section 12 of the rent control act of 1950; (d) that the plaintiff had no reasonable requirement of the suit premises within the meaning of the above statute and, in any event, the test of comparative advantages and disadvantages was in favour ..... statute which corresponds to the said section 30 shows a different intention and points to a different conclusion and suggests--and, indeed, compels--a different construction of section 12(1) proviso (h) of the west bengal premises rent control (temporary provisions) act, 1950, which corresponds to the above clauses of section 24(1) of the new zealand ..... (1) whether the notice to quit was valid and sufficient in law and (2) whether the defendant was protected from eviction by or under the rent control act--the west bengal premises rent control (temporary provisions) act, 1950 (w. b. ..... words on the defendant's legal status or position vis-a-vis the plaintiff under the general law, that is, the transfer of property act, and also under the special statute, relevant for our purpose, namely, the west bengal premises rent control (temporary provisions) act of 1950. 21. ..... the facts before us, may be said to have made out a case of reasonable requirement of the disputed premises for his own occupation within the meaning of the west bengal premises rent control (temporary provisions) act of 1950. 73. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal413
..... rent was in existence at the time of the assessment;' and held on the first question that, in determining the annual value of a building under section 127(a), the corporation was bound by the standard rent, fixed by the rent controller under the provisions of the west bengal premises rent control act of 1950 ..... . formulated three questions for decision, namely, (i) 'whether in determining the annual value of a building under section 127(a) of the calcutta municipal act of 1923, the corporation of calcutta is bound by the standard rent fixed by a rent controller under the west bengal premises rent control (temporary provisions) act of 1950;' (ii) 'what is the meaning of the expression' at the time of the assessment 'occurring in section 127 (a) of the calcutta municipal act of 1923 ..... the standard rent, though subsequently fixed, should be deemed to have come into existence from the date, on which the rent control act of 1950 had come into operation, namely, the 30th march, 1950, and that, as such, the said rent was in existence at 'the time of assessment' which, on the particular facts before him, could, in no view, have ended before 20th june, 1950, on which date the special notice under section 138 of the calcutta ..... . on the question whether a standard rent was in existence in the case before him at 'the time of assessment', he held, after construing the relevant provisions* of the rent control act of 1950 and on the authority of the decision in the case of p. c .....
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