Court : Punjab and Haryana
Reported in : (2005)139PLR558
..... . however, the second appeal filed by the tenant was allowed by the high court vide judgment and decree dated 28.1.1976 holding that by virtue of west bengal premises tenancy act, 1956 being extended to memari during the pendency of the first appeal, the first appellate court was bound to take into account the change of law and to extend its benefits to the tenant and consequently ..... an example nearer home, if we may assume that a small township like morinda which may earlier have not been an urban area, was later brought within the ambit of the act, then the decrees of eviction granted under the general law by civil courts would be rendered in executable by section 13(1) and the object of granting protection to the tenants fulfilled. ..... court dismissed the suit of the plaintiffs, holding that the suit was not maintainable in view of the fact that during the pendency of the suit, the haryana urban (control of rent and eviction) act, 1973 (hereinafter referred to as haryana act) had become applicable to panchkula town, in view of the notification dated 25.1.2001 and the civil court had no jurisdiction to try the present suit. ..... . in the reported case, the hon'ble supreme court was considering the question with regard to the applicability of the provisions of haryana act, in respect of those cases, where civil suits for possession by way of eviction had been filed by the landlords, seeking ejectment of the tenants from the demised premises before the expiry of the exemption period of 10 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(8)SC531; 2009(7)SCALE164; 2009(7)LC3482(SC)
..... suspension, cancellation, revocation and/or granting of license under certain circumstances:(1) notwithstanding anything contained in these rules, the inspector general of registration and commissioner of stamp revenue, west bengal, may, on his own motion or otherwise, call for the records of any case relating to grant of license, and if it so appears to him that license has been granted or not granted in contravention of these rules or if it so appears to him that ..... the tribunal made a distinction that in case of extra-muharrirs, they were considered to be the seasonal employees under the tehsildar or as the case may be, part time government servants under rules 15 of the west bengal land manual, 1977 and their salaries/remuneration were payable from the public exchequer and as such, they were treated to be government employees and regularized. ..... gupta, learned senior counsel appearing on behalf of the state of west bengal, firstly took us through various provisions of the registration act, 1908 and the various amendments made to them by the state of west bengal. ..... swinton and pendlebury borough council reported in 1965 (2) all er 349, which made a slight departure by saying that though in many cases, the importance of the factor of superintendence and control was emphasized, but that is not the determining test. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC447; (1968)ILLJ270SC; [1966]1SCR771
..... the order reads : 'i am directed to state that government have been pleased to sanction, under rule 75(a) of the west bengal service rules, part i, the retention in service of nripendra nath bagchi, additional district and sessions judge, 24-parganas for a period of two months with effect from 1st august, 1953, the date of his compulsory ..... constitution which vests in the high court the control over the district court and the courts subordinate thereto; and (2) whether the provisions of rule 75(a) west bengal service rules could be utilized to extend the service of bagchi beyond the normal age of retirement. ..... 276 of the government of india act, 1935, the west bengal service rules would prevail over the fundamental rules, and it is conceded that they alone govern this case, even if rule 56(d) of fundamental rules was available it ..... government of india act, 1935 and they were made applicable to the services of the government of west bengal. ..... set down here :'(1) that the provisions of rule 75(a) of the west bengal service rules have not been complied with. ..... repeated orders were passed under rule 75(a), west bengal service rules and these orders said that the retention of bagchi was in the interest ..... on'the application of the government of west bengal the high court certified the case as fit for appeal to this court and the present ..... this is an appeal by the state of west bengal and its chief secretary against the judgment of the calcutta high court dated july 1, 1960 by which the order .....
Tag this Judgment!Court : Delhi
Reported in : II(2008)BC619; [2009]151CompCas485(Delhi)
..... the forum was governed by the provisions of the goa, daman and diu (extension of code of civil procedure, 1908 and arbitration act, 1940) act, 1965 (central act xxx of 1965) read with the provisions of the goa, daman and diu civil court act, 1965 (goa act xvi of 1965) both of which came into force simultaneously on june 15, 1966 and the appeal was required to be filed in the ..... were extended to the union territories of goa, daman and diu and the corresponding provisions of the portuguese code were repealed while under the goa act xvi of 1965 the instant suit which was pending before the comarca court at margao was continued and decreed by corresponding court of the senior civil judge, who ultimately decreed ..... procedural aspect, one has only a right of prosecution or defense in the manner as prescribed by the law for the time being and in the event of any change of procedure by an act of parliament one cannot possibly have any right to proceed with the pending proceeding excepting as altered by the new legislation and a such we need not dilate on the issue any further.11. we ..... wherein, it observed:.from the law settled by this court in various cases the illustrative though not exhaustive principles which emerge with regard to the ambit and scope of an amending act and its retrospective operation may be culled out as follows:(i) a statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly or by necessary ..... west .....
Tag this Judgment!Court : Mumbai
Reported in : (1972)74BOMLR391
..... the supreme court found that the procedure prescribed for trial by the west bengal tribunals of criminal jurisdiction act was more prejudicial to the accused than that under the criminal procedure code, but the discrimination resulting from this difference did not amount to ..... are of various types, they cannot be similar to one another and complications are introduced by widespread activities to be dealt with by the statute and by the very nature of the subject-matter dealt with by the act, if the statute confers certain discretion on some officer or appropriate authority and leaves it to such officer or authority to determine how that discretion should be exercised, such statute cannot be held to be invalid on ..... and with intent to defraud general such person shallthe government of any duty payable thereon, or to evade any on conviction beprohibition or restriction for the time being in force under or by fore a magistratevirtue of this act with respect thereto acquires possession of, be liable to im-or is in any way concerned in carrying, removing, depositing, presentment forharbouring, keeping or concealing or in any manner dealing with any term not ex-any goods which ..... in this case, validity of section 4 of west bengal criminal law amendment (special courts) act (21 of 1949) was challenged on the ground that it was discriminatory, as it conferred unfettered discretion on the provincial government to choose any particular case against a person alleged to have committed ..... 1965 ..... 1965 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1821; 1970CriLJ1525; [1969]2SCR649
..... by nani gopal paul the high court of calcutta declared by order dated november 16, 1965, that the west bengal channa sweets control order, 1965, is an 'unreasonable piece of delegated legislation made in arbitrary exercise of power under rule 125 without any justification in law and regardless of the purpose for which such order may be made', and issued an injunction against the state of west bengal from enforcing that order.3. ..... ramlal ghosh and grandsons had pleaded that the state of west bengal and the secretary, department of animal husbandry and veterinary services had acted mala fide and 'in complete and utter disregard of the judgment and order of the high court of calcutta and without reading or considering the same had vindictively published' the impugned order ..... the public, a speech which presented the case of the government to the public, before it was tried by the court, and suggested that those who prepare sweetmeats out of milk were criminals and were acting in a manner contrary to the interest of the general public, was calculated to interfere with the due administration of justice.16. council for the chief minister contended, relying upon certain judgments of the courts in ..... . we may at once observe that since the enactment of the contempt of courts act 12 of 1926 and act 32 of 1952 the power of the court in imposing punishment for con tempt of court is not an uncontrolled or unlimited power, that, however does not justify the court in commencing proceedings .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476
..... in anwar ali sarkar (supra) it was held by the majority that section 5(1) of the west bengal special courts act, 1950 was wholly void since it conferred arbitrary powers on the government to classify offences or cases at its pleasure and the act did not lay down any policy or guidelines for the exercise by the government of its discretion to classify cases or ..... whereas, the former was issued under that part of section 5(1) of the west bengal special courts act which authorized the state government to direct particular 'cases' to be tried by the special court, the latter was issued under that part of section 11 of the saurashtra ordinance which authorized the state government to direct ' ..... ahuja,(supra) a bank dacoity case was referred for trial to a special judge by the bombay government under section 12 of the bombay public safety measures act, 1947 which was precisely in the same terms as section 5(1) of the west bengal act and section 11 of the saurashtra ordinance. ..... an emergency authoritarian had a criminal 'deal' cognisable under anti-corruption legislation and a knowledgeable citizen did file a complaint in court or a writ petition challenging as mala fide an executive action motivated by graft it was quite on the cards that his way backhome might be diverted into a hospitable lock-up or hungry detention camp or horrendous torture cell. ..... khanna), the commission of enquiry appointed by the government of j&k; in 1965 (mr. ..... assembly [1965] 1 ..... legislative assembly [1965] 1 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1955; (1980)4SCC136; [1980]3SCR331; 1981(13)LC87(SC)
..... power to acquire coal bearing land owned pr possessed by the state of west bengal was amongst others claimed as an integral element of control acquired by the union pursuant to a declaration made in section 2 of the idr act and mines and minerals act enacted in exercise of the legislative power under entries 52 and 54 respectively as coal was both a declared industry and a ..... regarding legislative incompetence it was observed that it is difficult to see how the field of acquisition could become occupied by a central act in the same way as it had been in the west bengal case (supra) even before parliament legislates to acquire land in a state. ..... to see how the field of acquisition could become occupied by a central act in the same way as it had been in the west bengal case even before parliament legislates to acquire land in a state. ..... approaching the matter from this angle the court struck down the metal corporation of india (acquisition) act, 1965, holding that as the act has laid down different principles for ascertaining the value of different parts of the undertaking and as all the principles so laid down do not provide for the just equivalent of all parts of the ..... special deputy collector of land acquisition, west madras : [1965]1scr614 , wherein it was held by this court that even after the amendment of article 31(2) by the constitution (fourth amendment) act, 1955, it still retains the expression 'compensation' after its judicial interpretation by this court in several .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(6)KarLJ194
..... during the pendency of the investigation of the above offence committed by the respondent herein, the respondent filed a representation/application before the second appellant under section 45 of the karnataka excise act, 1965, seeking for compounding of the offence by admitting the shortage and agreed to compound the offence and offered to pay the compounding fee and the value and such other duty on 11,624 litres ..... having accepted the deficit stock of 11,624 bulk litres of rectified spirit and having compounded the offence under section 45 of the karnataka excise act, could not have challenged the compounding order made by the 3rd respondent under section 45 of the karnataka excise act, 1965 more so, when he had already paid the composition fee and did not dispute the offence being compounded with the department under section 45 of ..... earlier decisions of this house; but it does involve recognising that lord tomlin's oft-quoted dictum in duke of westminster's: 'every man is entitled if he can to order his affairs so as that the tax attaching under the appropriate acts is less than it otherwise would be', tells us little or nothing as to what methods of ordering one's affairs will be recognised by the courts as effective to lessen the tax what would attach to them if business transactions were conducted ..... bengal hotels limited, : [1977]109itr177(guj) , where the learned judge refused to accord sanction to the amalgamation of companies as it would lead to ..... west patent press company .....
Tag this Judgment!Court : Mumbai
Reported in : [1971]41CompCas377(Bom); [1971]41ITR377(Bom)
..... for several government companies and, therefore, was a holder of offices of profit both under the government of india and the government of west bengal and was accordingly disqualified from standing in the election under article 102 of the constitution. ..... tulsidas and ramdas were directors and members of the private company, section 314 applied to the appointment of the private company as sole selling agents under section 189(2) of the companies act, 1956, a resolution is a special resolution when, inter alia, the intention to propose the resolution as a special resolution has been duly specified in the notice calling the ..... by the companies (amendment) act, 1965 (31 of 1965), in order to obviate the difficulties which might arise from this stringent restriction, the word 'previous' was deleted and ..... the companies (amendment) act, 1965, a corresponding amendment has not been made in article 183 though several other articles in the articles of association of the company were amended in view of the amendments made by the amending act of 1965. ..... 1965, the company law board intimated to the company that after careful consideration of the information furnished by the company it appeared to the company law board that the terms of appointment of the company's sole selling agents were prejudicial to the interest of the company and the company was required to show cause why the company law board should not, in exercise of the powers conferred upon it under section 294(5)(c) of the company act .....
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