Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... . : [1953]4scr533 the expression 'decree for recovery of possession' in section 18(1) of the west bengal premises rent control (temporary provisions) act (xvii of 1950) fell for consideration, and the controversy was whether it included also an order for recovery of possession made under section 43 of the presidency small cause court act, 1882 and hence a person against whom an order under the latter provision was made was not entitled to ..... therefore, on a consideration of the above decisions, it is impossible to hold by reading down the impugned provisions of regulation 9(b) framed under section 53 of the delhi road transport act, 1950 read with delhi road transport (amendment) act, 1971 that the said provision does not confer arbitrary, unguided, unrestricted and uncanalised power without any guidelines on the authority to terminate the services of an employee without conforming to ..... bhasin the effect of the judgments of this court in the central inland water's case (supra) and west bengal's (supra) was to take away the right of the employer to terminate the services of an employee ..... : air 1983 sc 109 this court held that the expression 'life' does not merely connote animal existence or a continued drudgery through life, the expression life has a much wider meaning ..... 113 held that by the term 'life' as here used, something more is meant than mere animal existence ..... basic human right assured by article 21 of the constitution comprehends something more than mere animal existence i.e .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC861; 2007(1)ALLMR(SC)944; 2007(1)AWC689(SC); [2007(2)JCR148(SC)]; JT2007(2)SC292; 2007(1)KLT623(SC); (2007)3MLJ423(SC); 2007(1)SCALE197; (2007)2SCC1; 2007AIRSCW611; 2007(3)CivilLJ589; 2007(1)LawHerald(SC)480; 2007(2)KCCRSN44(SC)
..... by the constitution (sixty-sixth amendment) act, the west bengal land holding revenue act, 1979, in its entirety, was inserted in ..... the west bengal land holding revenue act, 1979 was struck down by the calcutta high court as being arbitrary and, therefore, unconstitutional and the special leave petition filed against the judgment by the state of west bengal was dismissed ..... amendemnt which had replaced the words 'of or any of the principles laid down in part iv' with 'the principles specified in clause (b) or clause (c) and article 39', justice chandrachud said:section 4 of the constitution (42nd amendment) act is beyond the amending power of the parliament and is void since it damages the basic or essential features of the constitution and destroys its basic structure by a total exclusion of challenge to any law on the ground that it is ..... article 329-a(4) was struck down because it crossed the implied limitation of amending power, that it made the controlled constitution uncontrolled, that it removed all limitations on the power to amend and that it sought to eliminate the golden triangle of article 21 read with articles ..... we are confronted with a very important yet not very easy task of determining the nature and character of protection provided by article 31-b of the constitution of india, 1950 (for short, the 'constitution') to the laws added to the ninth schedule by amendments made after 24th april, 1973. ..... life' in article 21 does not connote merely physical or animal existence. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998VIIIAD(SC)165; AIR1999SC166; 1999(1)BLJR255; JT1998(7)SC478; 1998(6)SCALE71; (1999)1SCC705; [1998]Supp2SCR583
..... of this constitution were either comprised in the province of bihar or were being administered as if they formed part of that province and the territories specified in clause (a) of subsection (1) of section 3 of the bihar and uttar pradesh (alteration of boundaries) act, 1968, but excluding the territories specified in sub-section (1) of section 3 of the bihar and west bengal (transfer of territories) act, 1956, and the territories specified in clause (b) of sub-section (1) of section 3 of the first mentioned ..... in 1956, the boundaries between bihar and west bengal were adjusted under the bihar and west bengal (transfer of territories) act, 1956 and likewise in 1968, the boundaries between bihar and uttar pradesh were ..... were subject to the constitution) and the real question was whether the said minutes and directions were in conformity with the constitution of india and the 1968 act; (3) the contentions of the writ petitioners, namely (i) that the boundary of up and bihar became frozen on 26.1.1950 and this territory went to up side because the river changed its course in 1944 and the eastern stream became the deep stream as was also the ..... the up government, according to the state of bihar, never exercised control over these lands in nainijor from 1927 to 1944. ..... rather, the area was under the revenue control of the bihar government. ..... till the transfer of records to up, in 1968 , the areas of the three questioned villages were under the revenue control of the government of bihar. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC309; [1957]1SCR20
..... 9 of the west bengal premises rent control (temporary provisions) act, 1950 (which hereinafter will be referred to as 'the act') apply to the three premises which formed the subject matter of three separate proceedings in the courts below; and, if so, which clause thereof. ..... v), 1946 and the west bengal premises rent control (temporary provisions) act, xxxviii of 1948, which has been replaced by the act. ..... the act has now been replaced by the west bengal premises tenancy act (act xii), 1956. ..... in connection reference was made to the definition of 'premises' as contained in the previous legislation like the calcutta rent act (bengal act iii), 1920, the calcutta house rent control order, 1943, the calcutta rent ordinance (no. ..... the landlord resisted the application on the ground, inter alia, that the rent controller was not authorised by the act to deal with the tenancies in question because the premises were outside the scope of the act; that there had been a great increase in the cost of maintenance, as also of repairs and replacements of electric and other installations, that there had been a considerable enhancement of the charge for electricity supplied by the calcutta ..... of furnishings, electric installations and other amenities agreed between the parties to be provided by and at the cost of the landlord, the conclusion is irresistible that all that is included in the term 'rent' is within the purview of the act and the rent controller and other authorities had the power .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1999Bom296; 1999(4)BomCR518
..... forall other expenses necessary to maintain the building in a state tocommand 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 ..... union of india and others (supra), the apex court was dealing with the issue of determination of rateable value in terms of section 116(1) of delhi municipal corporation act, 1957 along with the provisions of punjab municipalities act, 1911, delhi rent control (amendment) act, 1988 and delhi rent control act, 1958 and in that regard held that to determine the quantum of property tax, it is necessary to arrive at the rateable value of the land or building and ..... decisions, held that the principle which was deducible was that when the municipalities act requires the determination of annual value, such provisions are to be read along with the rent restriction act which provides for determination of fair rent or standard rent and that, reading the two acts together, the rateable value cannot be more than the fair or standard rent which can be fixed under the rent control act. ..... 2 initiated eviction proceedings against the petitioner under the goa public premises (eviction of unauthorised occupants) act, 1988 (hereinafter called as 'public premises act') and by judgment and order dated 26th october 1989 passed by the estate officer, the petitioner was directed to be evicted from .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1142; 1994(4)SCALE792; (1995)1SCC560; [1994]Supp5SCR249
..... : [1980]1scr650 , it was held at page 658 as under:however, on the date of expiry of contractual tenancy the west bengal premises (rent control temporary provisions) act, 1980 was in force and was applicable to the premises and, therefore, on the determination of contractual tenancy by efflux of time the terms and conditions of the lease are extinguished and the rights of such a person remaining in ..... (2) notwithstanding anything to the contrary contained in sub-section (1) but subject to sub-section (3) of section 1, this act shall apply to all premises held under a lease which has been entered into after the commencement of the west bengal premises tenancy (amendment) ordinance, 1965; provided that if any such lease is for a period of not less than 20 years and the period limited by such lease is not expressed to be terminable before its expiration at the b option ..... either of the landlord or of the tenant, nothing in this act, other than the provisions relating to rent and the provisions of sections 31 and ..... therefore, the matter will be governed by west bengal premises tenancy act, 1956 (hereinafter referred to as 'the act'). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1654; JT1990(4)SC561; 1990(2)SCALE1114; 1992Supp(1)SCC191; [1990]Supp3SCR212
..... niranjan modak : [1985]2scr202 , where sub-section (1) of section 13 of the west bengal premises and tenancy act was to be interpreted and the suit was instituted before the act came into force and that sub-section directed the court not to make any order or decree for possession, subject of ..... in a suit for pre-emption, and the appellant challenged the correctness of a decree passed by the high court dismissing a suit for pre-emption, after the act came into force this court observed that the appeal was a rehearing and if the high court were to confirm the decree allowing the suit for pre-emption, it ..... its preamble said:whereas certain rules, laws and regulations made heretofore for the punjab, acquired the force of law under the provisions of section 25 of the indian councils act, 1861; and whereas it is expedient to declare which of the said rules, laws and regulations shall henceforth be in force in punjab, and to amend, consolidate or repeal ..... the right to contest alienations and appointment of heirs: subject to the provisions contained in section 4 and notwithstanding anything to the contrary contained in section 5, punjab laws act, 1872, no person shall contest any alienation of ancestral immovable property or any appointment of an heir to such property on the ground that such alienation or appointment is ..... the effect of the declaratory decree passed in 1950 was merely to declare that whosoever would be the next reversioner to the estate of the last male holder at the time of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC404; 1953CriLJ1621; [1954]1SCR30
..... no doubt laid stress on the fact that although section 11 of the saurashtra ordinance was in the same terms as section 5(1) of the west bengal act, the court had to consider the discriminatory character of the latter enactment in so far as it empowered the west bengal government to refer an individual case to the special court for trial, whereas the saurashtra government, having by the notification issued under the ordinance referred only certain offences, the court was called upon to consider ..... in the present case, it is well-known that during the post-war period various organisations and establishments set up during the continuance of the war had to be wound up, and the distribution and control of essential supplies, compulsory procurement of food-grains, disposal of accumulated stores, adjustment of war accounts and liquidation of war-time industries had to be undertaken. ..... a familiar example of this type of legislation is the preventive detention act, 1950, which, having indicated in what classes of cases and for what purposes preventive detention can be ordered, vests in the executive authority a discretionary power to select particular persons to be brought under the law. ..... i concede therefore that up to the 26th of january, 1950, the impugned act was good law, that the special court which was constituted to try this case was validly constituted and that the singling out of the appellants by the provincial government for trial by the special .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC92; (1954)IMLJ314(SC); [1954]1SCR587
..... appeal was pending the west bengal legislature passed west bengal act vii of 1950, called the bengal land revenue sales (west bengal amendment) act of 1950, which received the assent of the governor of bengal on the 15th march, 1950, and was published ..... promotion of social welfare, and it was urged that the attainment of that object as well as the growing complexities of modern conditions of life must call for an expanding power of social control and regulation, particularly in the sphere of the enjoyment of private property and that the exercise of such power without entailing liability to pay compensation ought not to be confined within the narrow limits specified ..... . the argument is that the state's police power of imposing 'restrictions' on the citizens' right to acquire, hold and dispose of property is recognized and controlled by clause (5) of article 19 and that when it becomes necessary for the police power to extend beyond 'restrictions' and to inflict 'deprivation' of property it can do so by the kind of law which is, by clause ..... are brought within the purview of article 19(1)(f), the judicial review under clause (5) as to the reasonableness of such control and regulation might have an unduly hampering effect on legislation in that behalf, and the makers of our constitution may well have intended to leave the legislatures free to exercise such control and regulation in relation to the enjoyment of rights of property, providing only that if such regulation reaches the point .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665
..... quoting home ministry/intelligence bureau sources, the august 10, 1998 issue of india today has given the breakdown of these illegal migrants by states :-west bengal - 5.4 millionassam - 4 milliontripura - 0.8 millionbihar - 0.5 millionmaharashtra - 0.5 millionrajasthan - 0.5 milliondelhi - 0.3 millionmaking a total of - 10.83 millionscommunity wise growthassam indiahindus muslims hindus muslims(1) 1951-1961 33.71 38.35 20.29 25.61(2) 1961-1971 ..... implementation of the imdt act have been pointed out in detail and it is also averred that the act is discriminatory as it has been made applicable only to the state of assam and not to other states like west bengal, tripura and meghalaya, ..... the illegal migrants in unknown destinations.viii) the expulsion orders cannot be served as the illegal migrants, with frequent change of address, merge with the people of similar ethnic origin.ix) it is provided in the act that for filing complaint against a suspected person to determine as to whether he is an illegal migrant, two persons living within the same police station are required to file the complaint with filing of affidavit ..... act or of any rule or order made thereunder shall have effect notwithstanding anything contained in the passport (entry into india) act, 1920 or the foreigners act, 1946 or the immigrants (expulsion from assam) act, 1950 or the passport act, 1967 or any rule or order made under any of the said acts and ..... in jeopardy, their political control will be a weakened and ..... control .....
Tag this Judgment!