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Maganlal Chhaganlal (P) Ltd. Vs. Municipal Corporation of Greater Bomb ...

Court : Supreme Court of India

Reported in : AIR1974SC2009; (1974)2SCC402a; [1975]1SCR1

..... also an argument was advanced that even if the scheduled offences and the persons charged with the commission thereof could properly form a class in respect of which special legislation could be enacted, section 4(1) of the west bengal criminal law amendment (special courts) act, 1949 was discriminatory and void inasmuch as it vested an unfettered discretion in the provincial government to choose any particular case of a person alleged to have committed an offence falling under any of the ..... majority in the earlier case of anwar ali sarkar (supra), the majority judges strongly refuted this proposition and pointed out that it was on an application of the same principle which resulted in the invalidation of section 5(1) of the west bengal act that the validity of section 11 of the saurashtra ordinance was sustained by them ..... . section 11 of the saurashtra ordinance was in the same terms as section 5(1) of the west bengal act and the constitutional objection against the validity of that section was also the same, namely, that it committed to the absolute and unrestricted discretion of the executive government the power to refer cases to be tried by ..... . the state of west bengal : 1953crilj1621 the west bengal criminal law amendment (special courts) act, 1949 was under ..... visvanatha sastri 1965 1 scr 448, shree meenakshi mills ltd ..... union : [1965]56itr91(sc) upholding the doctrine of priority of crown debts, are all instances where special provisions applicable to the state were upheld .....

Parag Lal Behari Vs. Deputy Director of Consolidation, Gorakhpur and o ...

Court : Allahabad

Reported in : AIR1985All34

..... was at that stage that the government issued the notification under section 4 of the west bengal criminal law amendment (special courts) act, 1949, allotting the case to the special judge at alipur and directed a ..... note that this was also a case where an order passed by the high court under article 226 of the constitution having a bearing on the jurisdiction of a subordinate tribunal, namely, the special judge under west bengal criminal law amendment (special courts) act, 1949, was held to operate as res judicata in subsequent proceedings ..... the special judge took any step in proceedings with the case hemant kumar made an application before the high court under article 226 of the constitution impugning the constitutional validity of section 4(1) of the aforesaid act on the ground that it was viola live of article 14 of the constitution and that for this reason the special judge had no jurisdiction to hear the case and that the case had to be ..... wherein the question raised was whether the special judge had jurisdiction to take cognizance of the case or not the matter was taken up to the supreme court in appeal by the state of west bengal and four grounds were principally urged by counsel for the appellant ..... in this behalf from the district judge ram deo instituted a suit in the year 1965 in the court of the munsif for cancellation of the sale deed aforesaid. ..... subsequently in the year 1965 ram deo, maternal uncle of the petitioner, was appointed guardian of the petitioner in .....

P. Janardhana Shetty Vs. Union of India and ors.

Court : Karnataka

Reported in : [1970(20)FLR355]; ILR1969KAR581; (1970)IILLJ738Kant; (1970)1MysLJ191

..... was whether in a suit for eviction filed when the west bengal premises rent control (temporary provisions) act, 1950 was in force, the provisions of s. ..... act by the industrial disputes (amendment) act, 1965 (central act of 1965), the commissioner issued a circular (marked exhibit iii in each of these petitions) in which it was stated that a workman who is removed or dismissed from service by his employer, can get better reliefs under the provisions of the act than under the provisions of the shops and establishments act ..... section 2a being inserted by the industrial disputes (amendment) act, 1965, which is parliamentary enactment, the only two tests to be satisfied for that section being valid are : (i) whether that section is with respect to a topic assigned to parliament; and (ii) whether it offends any of ..... was inserted in the act by the industrial disputes amendment act, 1965 (central act xxxv of 1965), which came into force from december 1, 1965, section 2a reads ..... to discharge, dismissal, retrenchment and termination of services, which had taken place prior to december 1, 1965; (i) the adverbial clause, 'where an employer discharges, dismisses, retrenches or otherwise terminates' uses ..... 2-a is applicable where discharge, dismissal, retrenchment or termination of services of an individual workman, took place prior to december 1, 1965 has arisen in a few other writ petitions which are pending before this court and as any decision rendered by us in the present petitions, will be .....

Shalibai Vs. State of Maharashtra

Court : Mumbai

Reported in : AIR1984Bom325

..... thereafter the west bengal estates acquisition (amendment) act, 1967 (for short west bengal amendment act) act, 2967 impugned in the calcutta case was passed by which the period of 9 year was extended to 12 ..... the calcutta case, cited supra, the amending act, which was challenged is not having received the assent of the president , related to the west bengal estates acquisition act, 1953 (for short original west bengal act). ..... if, therefore, came to the conclusion that the west bengal amendment act is a law relating to acquisition is referred to in ..... any rate, it is not necessary to go into that decision because the court holds in that case, that the west bengal amending act in question in that court case is inextricably connected with the law of acquisition because the amount as well as the persons entitled thereof depend upon the entry in the record of right for revising which the period mentioned is extended by the impugned amending act. ..... state of west bengal : air1977cal73 to show that such an amending act is not procedural in nature but is a law dealing with or inextricably connected with the law relating to ..... of 1961, containing the revisional power in section 45 thereof is passed on 16-6-1961 and it is not in dispute that the said act has received the assent of the president sub-section (2) and (3) of section 45 were substituted for the original sub-section (2) of section 45 of the maharashtra act no 32 of 1965 vide section 4, which was assented to by the president. .....

State of West Bengal and ors. Vs. Hirendra Nath Banerjee

Court : Kolkata

Reported in : AIR1967Cal285

..... it must have been felt that confining the appointment of a registrar to this cadre would be in conflict with the provisions of section 26 (2) of the west bengal premises tenancy act, 1956, and that is why a notification was issued by the state government dated 23rd april, 1959 which is anne-xure 8 to the affidavit in opposition, made under article 309 of the ..... june 1960 in exercise of the power conferred by subsection (2) of section 26 of the west bengal premises tenancy act, 1956 (west bengal act xii of 1956) the governor is pleased to appoint sri hirendra nath banerjee, deputy registrar, rent control office, calcutta, permanently as registrar for calcutta, as defined in clause (a) of section 2 of the said act with effect from the date on which he takes over charge.'4. ..... on or about the 9th february, 1951 a notification was issued, presumably under the earlier rent control act, by which a member of the west bengal junior civil service became eligible to hold the post of a registrar in the rent controller's office, provided he possessed the specified qualifications namely, three years experience of treasury work and capacity for controlling charge ..... , dated 5th march, 1965 whereby ha made the rule absolute and issued a writ in the nature of mandamus restraining the state of west bengal from removing the respondent from the post of registrar, rent controller's office, calcutta, otherwise than in due course of law, and not to give effect to certain orders in that he-half .....

Mihir Kumar Sarkar and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1972Cal8,75CWN831

..... there can be no, acquisition of land without there being a requisition first, yet such requisition need not lead invariably to acquisition under the west bengal act because of the express provision made in section 6 of the west bengal land (requisition and acquisition) act, 1948 providing that 'where any land requisitioned under section 3 is not acquired and is to be released from requisition, the state government may, after making such inquiry, if any ..... by reason of section 4 (2) of the west bengal land (requisition and acquisition) amendment act of 1970 (west bengal act xvi of 1970) which validates past action inter alia in these terms: 'anything done or action taken under the said act as amended by the ordinance shall be deemed to have been validly done or taken under the said act as amended by this act as if this act had commenced on the 16th october, 1969'.45 ..... expressly and is inherent in the section itself, it is plain from the language of section 3 (1) of the west bengal act that the property requisitioned may undergo the fundamental change in its character to serve the statutory purpose of requisition mentioned therein ..... the appellants prayed inter alia for a writ of mandamus commanding the respondents to withdraw, recall and cancel the order of requisition issued by the state of west bengal on or about 5th november, 1969 and for incidental relief for injunction restraining the respondents, their officers and servants and agents from interfering with the possession of ..... 1965 .....

Ram Prosad RamnaraIn Vs. Bejoy Kumar Sadhukhan

Court : Kolkata

Reported in : AIR1966Cal488,69CWN921

..... there, in an amendment, made to the old statute (the west bengal premises rent control (temporary provisions) act, 1950) by or through the referring statute (the city civil court act), thenew statute (the west bengal premises tenancy act, 1956) was sought to be read or substituted, for which course no authority could ..... filed within the time, which would have been available then for the purpose, that is, under the old limitation act; and (2) that, to an appeal under the city civil court act, the old limitation act and not the new act would apply because it is the former act and not the latter, which is referred to in the relevant section [section 8(2)(b)] thereof, and the same ..... we may add also that the exception or reservation clause 'unless a different intention appears' in the otherwise relevant section 10 of the bengal general clauses act, corresponding to the above section 8(1) of the indian general clauses act, would have, in the above context, apart from anything else, been sufficient to rule out the application of the said section or its underlying principle in the said ..... actually filed on march 9, 1964.on august 1 following, the learned stampreporter of this court reported that the saidappeal was time-barred, as, to it, the new limitation act applied and, under the same, afternecessary and allowable exclusion or deductionof time for copies for purposes of computation oflimitation, the appeal would be out of time by14 days. ..... , (1965) 69 cal wn 318 which also is plainly .....

Dr. C.S. Subramanian Vs. Kumarasamy and Others

Court : Chennai

Reported in : [1996]86CompCas747(Mad)

..... of opinion that the whole of the west bengal special courts act of 1950 offends the provisions of article ..... consideration in these batch of cases is really as to where it should be rendered accountable : is it before the ordinary courts of law or the disputes redressal forums constituted under the act in question that issue, in our view, has to be analysed and considered not merely on any populist ideas carried away by mere sympathies, obsessed by the only fact that some disaster ..... whether the legislature could have intended or could be reasonably attributed with the intention of comprehending a medical practitioner or an hospital within the meaning of the 'service' under the act so as to subject them to the disputes redressal of settlement jurisdiction of the district forum, the state and national commission with summary jurisdiction to dispose of the complaints and claims made before them ..... in section 13(1) and (2) sufficiently conforms to the requirements of principles of natural justice, that vexatious claims that may be filed could be sufficiently dealt with under section 26 of the act, that the duty to give reasons and the provision of appeal or scope for judicial review under articles 226 and 227 of the constitution of india serves as sufficient safeguard against any ..... hand continuously for 3 days, three fingers of the right hand have got to be amputated and skin grafting was also necessitated due to the alleged negligence and careless treatment by the petitioners and, therefore, staked a .....

Sahidan Bibi and Others Vs. M.D. Saukat Ali and Others

Court : Kolkata

..... that the contesting defendants were tenants under the plaintiffs from the time of their predecessor-in-interest in view of admission of ketaban bibi in the written statement filed in title suit no.48 of 1965, as well as the admission of the plaintiffs in the petition filed under section 144 of the code of criminal procedure (ext.f), and that the suit for ejectment was filed without giving statutory notice under section 13(6) of the west bengal premises tenancy act, 1956. ..... neither the original case record of money suit 41 of 1965 was called nor the certified copy of the judgment of dismissal was produced ..... copy of the judgment of said money suit 41 of 1965 was not filed during the trial. ..... ibrahim filed a suit being title suit no.48 of 1965 praying for partition of the suit holding alleging that the settlement was taken as well the structure was constructed thereupon from the joint income of all the brothers though the settlement stood ..... (11) after contested hearing title suit no.48 of 1965 was dismissed by judgement dated 15.02.1970 (ext.8) holding that ..... then landlord instituted a case for eviction under section 5 of the calcutta thika tenancy act being case no.117 of 1952. (4) md. ..... in 1965, ibrahim brought a partition suit being title suit no.48 of 1965 asking for partition of the suit holding alleging that he and other brothers were co-sharers of the ..... the then landlord filed a case bearing no.117 of 1952 under section 5 of the calcutta thika tenancy act praying for eviction of md. .....

Dhan Raj Vs. Brijesh Kumar

Court : Rajasthan

Reported in : 2003(1)WLC528; 2003(2)WLN566

..... , : [1987]2scr559 , the hon'ble supreme court, while considering the similar provisions in west bengal premises (tenancy) act, 1956 had taken the same view and held that the words 'shall order the defence against delivery of possession to be struck out', occurring in section 17(3) have to be construed as directory provision and not a mandatory provision as ..... 381, wherein it has been observed as under:on the other hand, where the prescription of a statute relates to the performance of a public duty and where the invalidation of the act done in neglect of them would work serious general inconvenience or injustice to persons who have no control over who have been entrusted with the duty without promoting the social aim of the legislation, such prescription ..... lakshmi narayan gupta, : [1985]3scr825 , the hon'ble supreme court, while considering the provisions of bihar building (lease, rent & eviction) control act, 1947, which empowered the court to struck off the defence for not depositing the rent under section 11-a of the act, held the provision to be directory after ascertaining the intentment of the legislature and the purpose for which the provision was enacted and held that as the ..... municipal board, rampur, : [1965]1scr970 , the hon'ble supreme court held that whether the provision is mandatory or directory, depends upon the facts of each case and no general principle of universal application can be laid down. ..... yelioji rao, : [1965]2scr221 ; associates hotels of india ltd. v. .....