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Srinivas Kedwal Vs. State of West Bengal

Court : Kolkata

Reported in : AIR1954Cal171,57CWN719

..... dated the 7th of may, 1951, dismissing an application filed by the appellant under article 226 of the constitution of india for the issue of a writ of certiorari for quashing an order of requisition dated the 31st of october, 1950, made by the assistant secretary, government of west bengal, under section 3(1) of the west bengal requisition (temporary provisions) act, 1947 (west bengal act v of 1947), hereinafter called the act in respect of three rooms on the first floor in the south west wing of premises no. ..... in the second place, the language of section 6 (4) of the bombay act is different from the language of the west bengal act with which we are concerned. ..... it may be observed that the west bengal land planning and development act, 1948, was passed within 18 months of the constitution without the requisite certificate from the president ..... case cited related to a notification under section 4 of the west bengal land development & planning act (act xxi of 1948). ..... the 18th of november, 1947, an order of requisition was made by the 1st land acquisition collector, calcutta, under the provisions of west bengal premises requisition and evicting ordinance, 1947, in regard to the said three rooms in the west wing of the first floor of the aforesaid premises. ..... government of west bengal, under section 3(1) of the west bengal premises requisition and control (temporary provisions) act, 1947 (act v of 1947) requisitioning the aforesaid three rooms in the south west wing of the said premises no .....

Protap Properties Private Ltd. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1960Cal296

..... the first is the 'west bengal cinemas (regulation) (amendment) act, 1957 being west bengal act xvii of 1957 and the other is the 'west bengal transferred territories (assimilation of laws) act, 1958' being west bengal act xix of 1958. ..... order to decide this question we are concerned at the moment directly with the 'west bengal cinemas (regulation) act 1954', being the west bengal act xxxix of 1954. ..... now to the amendment introduced by west bengal act xvii of 1957, we find that section 14 has been introduced, which inter alia lays down-that a license which was granted under the 1954 act, and purported to have been renewed under the 1957 act shall be deemed for all purposes to have been granted under the 1957 act. ..... the 1958 amendment, namely, the west bengal act xix of 1958, has introduced section 15, where also, the word 'renewal' of a license is ..... this act as amended, is to be read with the 'west bengal cinemas (regulation of public exhibition) rules 1956 which have been drawn up, in exercise of the powers conferred by section 9 of the 1954 act, namely, act xxxix of ..... kanika mukheriee, widow of durga pada mukherjee, made an application under rule 19 of the west bengal cinemas (regulation of public exhibition) rules 1956 describing herself as successor-in-interest of her husband. ..... license for that cinema was originally issued in the name of durga pada mukherjee, for the year 1950 and it was renewed annually from 1951 to 1955. ..... the primary instrument of control is the licensing of such .....

Rajat Bose Vs. Yogo Intraco Pvt. Ltd.

Court : Kolkata

Reported in : AIR1986Cal246,89CWN787

..... building corporation (supra) held inter alia that the application under section 9 of the west bengal premises rent control (temporary provisions) act by a subtenant for fixation of rent would be maintainable even though his landlord himself was a lessee of the entire premises for a term of 51 years in view of the section 5 of the west bengal rent control (temporary provisions) act, 1950 was not applicable to his said lease held under superior landlord. ..... judgment on the basis that the defendant had been a monthly tenant but has denied him protection under the west bengal premises tenancy act on the ground that the lease of the first floor of the aforesaid premises granted by mitra in plaintiff's favour was not subject to the provisions of the west bengal premises tenancy act, 1956 and therefore, the tenancy in defendant's favour of the two rooms out of the said demised property ..... the said suit by claiming inter alia that he was a monthly tenant and the provisions of the west bengal premises tenancy act 1956 applied and, therefore, except on any one of the grounds specified in section 13(1) of the west bengal premises tenancy act, 1956 the plaintiff was not entitled to recover from the defendant possession of the disputed flat.4. ..... pointed out that section 5 of the act of 1950 (corresponding to section 3 of the west bengal premises tenancy act, 1956) had only a limited operation and prevented direct encroachment on the incidents of the lease by a resort to the provisions of the act. .....

Chayarani Mukherjee Vs. Assistant Secretary to the Government of W. Be ...

Court : Kolkata

Reported in : AIR1964Cal428,68CWN826

..... said 'it may be pertinent to point out in this connection that a similar provision in section 3(1) of the west bengal premises requisition and control act has been expressed in a different language and the actual existence of a public purpose has not been made a condition precedent to the exercise of powers by the provincial government. ..... law other than a law to which the provisions of clause 6 of article 31 apply and would be valid even though the provisions of clause 2 of the article-were not fully satisfied, and the aforesaid amending bombay acts 2 of 1950 and 29 of 1950 were merely extensions or explanatory of the existing substantive law and were not such laws as are referred to in clause 3, of the article and consequently were not invalid though they had not received the assent ..... . you do not take my animal, when you maim it, but you do take it when you carry it away and use it forever or for an indefinite period ..... . state of west bengal, : air1963cal373 , the west bengal requisition and control (temporary provisions) act 1947 (act v of 1947), see 87 cal l j 140 : (air 1952 cal 65) .....

Siddheswar Paul Vs. Prakash Chandra Dutta

Court : Kolkata

Reported in : AIR1964Cal105,68CWN30

..... the temporary act which it supplanted is the west bengal premises rent control (temporary provisions) act, 1950 being west bengal act xvii of 1950. ..... , out of which it arises, absolute upon the view inter alia that the petitioner tenant's deposits with the rent controller of the rents for november and december, 1960, were valid deposits, constituting due payment, in law, of the said rents to the landlord opposite party under section 17 (1) of the west bengal premises tenancy act, 1956, so as to put him, the tenant, outside the mischief of section 17 (3), which would have otherwise justified the striking out ..... the first thing to be remembered is that, unlike the previous rent control acts, the present act, the west bengal premises tenancy act (act xii of 1956) is a permanent act, being an act to provide for the regulation of certain incidences of tenancies of premises in calcutta and some other areas in west bengal. ..... the learned judge held that the provisions of chapter iv of the west bengal premises tenancy act, 1956 lay down the circumstances and the modes in which rents might be deposited with the rent controller where there is no suit or proceeding pending between the landlord and the tenant, for recovery of possession. .....

Corporation of Calcutta Vs. East India Commercial Company Pvt. Ltd.

Court : Kolkata

Reported in : AIR1982Cal479,86CWN926

..... all other expenses necessary to maintain the building in a state to command such gross rent: (provided that in respect of any land or building the rent of which has been fixed under the provisions of the west bengal premises rent control (temporary provisions) act, 1950 or the west bengal premises tenancy act, 1956 (west bengal act xvii of 1950, west bengal act xii of 1956) the annual value thereof shall not exceed the annual amount of the rent so fixed. ..... . premises rent control (temporary provisions) act, 1950, that is the same act which was the subject matter of consideration in padma debi's case and the material provisions whereof we have referred ..... control (temporary provisions) act, 1950, the annual value must be assessed with reference to the rent fixed by the controller. ..... control (temporary provisions) act, 1950 and yet the assessing authorities of the corporation in making the assessment of annual value refused to accept the position that such value must not be fixed at a figure higher than the rent fixed by the controller. ..... reference to section 8 (i) (d) of the west bengal premises tenancy act made by the learned judge of the court below in this context seems to ..... control (temporary provisions) act, 1950 ..... control (temporary provisions) act, 1950. ..... let out to tenants having regard to the contractual rent payable therefor when the standard rent of such a building had not been fixed by the controllerin accordance with the provisions of the west bengal premises tenancy act, 1956 2. .....

Surya Properties Private Ltd. and ors. Vs. Bimalendu Nath Sarkar and o ...

Court : Kolkata

..... identical words in the corresponding section 21 of the west bengal premises rent control (temporary provisions) act 1950 and in section 21 of the west bengal premises rent control (temporary provisions) act 1948, could be given this meaning only. ..... 1948 act was followed by the west bengal premises rent control (temporary provisions) act, 1950. ..... : air1961cal175 , there is an observation by a division bench of this court that 'a notice under sub-section (6) of section 13 of the west bengal premises tenancy act, 1956 has taken the place of a notice under section 106106 of the transfer of property act and where a case is governed by the former act, only one notice under that act is required to be served upon the tenant for getting khas possession of the premises. ..... the second question which arises under the west bengal premises tenancy act, 1950 affects all landlords desiring to get rid of their ..... was followed by the calcutta rent ordinance, 1946 and the west bengal premises rent control (temporary provisions) act of 1948. ..... in section 106 in cases where section 106 is attracted; but in cases where contractual tenancies had been determined under section 106 or in of the transfer of property act and the tenant continues in possession after the termination of the tenancy and in case of other tenants who come within the purview of section 2 (h) of the west bengal premises tenancy act, 1956, the only notice required for filing a suit for ejectment or possession is that under section 13 (6) of the .....

Smt. Hironmoyee Debi and ors. Vs. Somendra Chandra Nandy and ors.

Court : Kolkata

Reported in : AIR1982Cal391,86CWN559

..... control act, 1950 (hereinafter referred to as the act of 1950 ..... arises for our consideration in this appeal is as to whether the said defendants who have been found to be in occupation of different parts of the suit premises as sub-tenants since before the west bengal premises tenancy act, 1956 but who had not given any notice of such sub-tenancy under section 18(2) of the said act, would be entitled to protection against eviction,2. ..... the fact that in the said case the tenancy in favour of the tenant of the first degree was lawfully determined under the provisions of the act of 1950, is a point of important difference which was unfortunately overlooked by the learned judges deciding the case of ram khilan das when they thought that the point raised before them was the ..... concurrently found that the said defendants came to occupy the suit premises as sub-tenants since before the west bengal premises tenancy act, 1956, and that again to the knowledge of the plaintiffs and their employees. ..... the facts of the present case, we fail to appreciate what right had accrued in favour of the appellants under the act of 1950 and before its repeal and what are the provisions thereof which the appellants can avail of for enforcement of any such ..... act repealed was itself a temporary statute the legislature instead of relying upon the usual saving clause as contained in section 4 of the bengal general clauses act, incorporated a special saving clause in sub-section (2) of section 40 of the said act .....

PulIn Behari Pal Vs. Mahadeb Dutta and ors.

Court : Kolkata

Reported in : AIR1981Cal61

..... the supreme court held that 'the sub-tenant of statutory tenant is not entitled to protection under section 13 (2) of the west bengal premises rent control (temporary provisions) act, 1950'. ..... it, therefore, the landlord is entitled to a decree under section 13 (1) (a) of the west bengal premises tenancy act but if that knowledge of sub-tenancy constitutes waiver according to the hon'ble mr. ..... hereinbefore stated, the acceptance of rent in the matter coming under the west bengal premises tenancy act, 1956, cannot constitute a waiver of right to get a decree for ejectment under section 13 (1) (a) of the west bengal premises tenancy act. ..... consideration is whether the respondent landlord has waived his right to get a decree under section 13 (1) (a) of the west bengal premises tenancy act because he accepted the rent from the tenant knowing fully well thatthe tenant has sub-let the premises in question without the previous consent of the landlord as incumbent under section 13 (1) (a) of the west bengal premises tenancy act.2. mr. ..... let to the tenant without the previous consent in writing of the landlord transfers, assigns or sub-lets in whole or in part the premises held by him'.the said section 13 (1) (a) in chapter iii of the west bengal premises tenancy act affords protection to tenant against eviction. ..... difference of opinion of the hon'ble judges it will be convenient for me to set out section 13 (1) (a) of the west bengal premises tenancy act which runs as follows:--'13 (1) (a). .....

Nishit Kumar Sikdar Gobinda Saraya Vs. Sunil Kumar Bose

Court : Kolkata

Reported in : AIR1984Cal371,88CWN971

..... the question that arises in this revisional application is whether a tenant can make an application to the controller for fixation of fair rent under section 10 readwith section 8 of the west bengal premises tenancy act, 1956 (hereinafter referred to as the act) in respect of the demised premises after termination of his tenancy by a notice to quit and during the pendency of ..... the west bengal premises rent control (temporary provision) act, 1950, followed ..... controller is a proceeding for fixation of fair rent under the provision of section 8 of the west bengal premises tenancy act (hereinafter referred to as the said act ..... also the decisions of the supreme court in the cases noted above on the status of the 'tenant' under various rent control acts in the country, the only conclusion that can be reached is that for the purpose of the act the tenant is one who continues in possession and against whom no decree or order for eviction has been made by a court of competent jurisdiction, even when his contract of tenancy has come to ..... been held very categorically that under the state rent control acts the concept of the contractual tenancy has lost much ..... construing the definition of 'tenant' in the madhya pradesh accommodation control act, 1961 (almost similar to the definition of tenant in the act), his lordship proceeds to observe that the difinition makes a person continuing in possession after determination of tenancy a tenant unless a decree or order for eviction has been made against .....