Court : Gujarat
Reported in : AIR1975Guj1
..... meaning of the west bengal premises rent control act. ..... after the expiry of the period of tenancy did not file any suit to recover possession because of the existence of the rent control act, it cannot be said that the lessors had consented to the lessees holding over the property and thereby accepted them as tenants by holding over as contemplated in section 116 of the ..... as it may, the fact remains that in spite of these facts, the supreme court clearly stated that when the lessee was continued as a tenant because of the existence of the rent control act and if the rent was accepted from him that would not make him a contractual tenant by holding over. ..... urged that once it is found that the defendants had not complied with the terms of the tenancy, the defendants would lose the protection of the rent control act and the -plaintiffs would be entitled to a decree under the general law. mr. ..... if it is held that a contractual tenancy had come into existence, it was a joint tenancy in favour of all the opponents and if a notice is served on any one of them, it would be a good notice and it would not be necessary to serve all the opponents individually.18. ..... it is true that in the notice dated october 10, 1950, the appellant is described as a monthly tenant, but that is not indicative of conduct justifying an inference that a fresh contractual tenancy had come ..... 1950, the appellant was a tenant and by calling the appellant a tenant the respondents did not evince an intention to treat him as a .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1980Guj89; (1980)1GLR103
..... the court while considering a similar question in the context of west bengal premises item control (temporary provw'7 act, 1950, was referred to in damadijails case. ..... revision it was urgedfore the learned single judge that since the view of the supreme court in anand nivas's case that the statutory tenancy is not an estate and, therefore, not heritable does not hold good in view of this latter decision of the supreme court in damadiiql's case, the decision of this court in nanumars me which is founded on the view in anand nivas's case requires to be reconsidered from all the angles of the ..... it was, therefore, contended on behalf of the plaintiff-landlords that the decision of the division bench in nanumalls, case (supra) was no more a good law in view of the decision of the supreme court in damadilal's case (supra) which held that statutory as well as contractual tenancy are heritable and all the heirs of the original deceased tenant would ..... also urged, in the alternative, on behalf of the, plaintiff that on the facts of the case, since the notice was addressed to both, though served on one, would be a good notice in law, since both the brothers were staying together. ..... whether the decision of -the division bench in nanumal's case (supra) is good law after the decision of the supreme court in damadilal's case (supra) ..... orwell (1954) 1 all er 874 was assumed to be valid and good under the indian statutes without considering as to what is the position under the relevant provisions of a .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj209
..... west bengal premises rent control (temporary provisions) act, 1950 ..... a revision petition filed by the original plaintiffs against the opponent-defendant (tenant) under section 29(2) of the bombay rents, hotel and lodging house rates control act, 1947 (which will be hereinafter referred to as 'the act:), against the judgment and decree passed by the appellate bench of the small causes court, ahmedabad, in civil appeal no.132 of 1964, dismissing that ..... (as he then was), speaking for the division bench, has observed: 'in order to avoid the operation of section 12(3)(a) of the bombay rent control act, the dispute in regard to standard rent or permitted increases must be raised at the latest before the expiry of one month from the date of service of the notice ..... one month of the notice of ejectment and although in his written statement he raised a dispute about the standard rent he made no application in terms of section 11(3) of the act'.it is significant to note that the report does not indicate that in that case there was any such dispute regarding the standard rent raised within one month after the date of the ..... filed on the ground that the tenant was in arrears for a period of more than 6 months and although raising a dispute as to the standard rent or permitted increases recoverable under the act, the tenant makes no application in terms of section 11(3) he cannot claim the protection of section 12(1) by merely offering to pay or even paying all arrears due from him when the court .....
Tag this Judgment!Court : Gujarat
Reported in : [1992]85STC258(Guj)
..... in considering the vires of the impugned provisions of the bombay act (section 13aa) and of the west bengal statutes [section 4(6)(ii) of bengal finance (sales tax) act and section 4(1)(i) of west bengal sales tax act], the impugned sections themselves had been interpreted, but for considering the vires of section 15b of the gujarat sales tax act on the score of legislative incompetence, attempt has been made to interpret the said section with the aid of rule 42e of the gujarat sales tax rules. ..... state legislature and would not be covered by entry 54 of the state list, meaning thereby, if at all, it would be covered by entry 84 of the union list, entry 84 of the union list reads as under : 'duties of excise on tobacco and other goods manufactured or produced in india except - (a) alcoholic liquors for human consumption; (b) opium, indian hemp and other narcotic drugs and narcotics, but including medicinal and toilet preparations containing alcohol or any substance included in sub ..... , speaking for the supreme court made the following pertinent observations : 'nothing in these provisions regulates or controls the industry itself nor exacts any levy on the manufacture of sugar or its wider ramifications. ..... jute mills co. .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR981
..... concerned with the west bengal rent control act, 1950. ..... trial court had held that the plaintiffs had made out the ground for ejectment specified in clause (h) of the proviso to section 12(1) in the west bengal premises rent control (temporary provisions) act, 1950. ..... the question whether these principles laid down in the english decisions could have any application to cases arising under the bombay rents, hotel and lodging house rates control act, 1947, and should be relied upon, it would be necessary to note some of the material and salient features of these decisions. ..... mehta urged that under section 13(1)(g) of the bombay rents, hotel and lodging house rates control act, 1947, the landlord can get possession under the following three cases: (1) that the premises are reasonably and bona fide required by the landlord for occupation by himself, or(2) ..... in this country the system of a number of persons having joint property is so very prevalent that it would amount almost to a denial of legal rights to owners of houses if in interpreting the language of section 12 of the said act of 1950 as regards requirement of landlord, the court holds that each member of a group of landlords must have separate requirements. ..... undermentioned two english decisions submitting that the provisions of the english law on the subject and the bombay rent control act are in pan materia and therefore they would be good authorities to rely upon:(1) mclntyre and another v. ..... hire godowns to store their goods. .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)0GLR186
..... right purchased was not the cause of action for recovery of arrears of rent but the actionable right of the assignor to recover these arrears of rent and (4) the court also held that under section 17 of the west bengal premises tenancy act, 1956, the bligation on the tenant was only to pay rent to the previous landlord and not the assignee landlord. ..... distinguished the case on the ground that the definition of the landlord given in the west bengal premises tenancy act, 1956 was different than that given in section 5(3) of the act and the decision therein was given in view of the special provisions of section 17 of the west bengal premises tenancy act. t. u. ..... issue as to whether a person who purchases the leased property along with arrears of rent prior to his purchase can evict a tenant in view of the provisions of section 12 of the bombay rents, hotel and lodging house rates control act, 1947 (hereinafter referred to as the act) and that is why the said point is referred to us. ..... rajasthan premises (contv6l of rent and eviction) act, 1950 defines landlord and this definition is almost similar to the definition of the word landlord given in section 5(3) of the act,. ..... the provisions of section 12 of the act only limit the right of the landlord to recover possession and supply opportunities to the tenant to make good his default of non-payment of arrears of rent at the stages and in the manner provided under sections 12(1), 12(2) and 12(3)(a) of the act. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR2336
..... convicted. in view of the clear bar contained in the west bengal children act, the court ruled that the entire trial of the child was without jurisdiction and ..... the state of west bengal (supra) and observed that the hon'ble supreme court had the occasion to consider the provisions of the west bengal children act which also contained provisions similar to section-24 of the ..... v. state of bihar (supra) wherein it is held that when a plea is raised on behalf of an accused that he was a schild within the meaning of the defination of the expression under the act, it becomes obligatory for the court, in case it entertains any doubt about the age as claimed by the accused, to hold an inquiry itself for determination of the question of age of the accused or cause an enquiry to be held and ..... the court further held that the high courts and the subordinate courts are expected to deal with such cases with more sensitivity, as otherwise the object of the acts would be frustrated and the efforts of the legislature to reform the delinquent child and reclaim him as a useful member of the society would be ..... v. state of west bengal, 1984 ( ..... v. state of west bengal, 1984 ( ..... has held that the finding of the learned sessions judge being that the age of the appellant was below 16 years on the date of occurrence and in view of the clear prohibition contained in section-24 of the act, trial of the appellant leading to his conviction by the learned sessions judge has to be held to be without .....
Tag this Judgment!Court : Gujarat
Reported in : [1965]16STC1005(Guj)
..... contained in any order of an officer or tribunal or the judgment, decree or order of a court, every person who has collected or collects on or after 1st may, 1950, any amount by way of tax otherwise than in accordance with the provisions of this act, shall pay over to the government, within such time and in such manner as may be prescribed the amount so collected by him, and in default of such payment ..... the provision of this section or the conditions and restrictions prescribed thereunder the amount so collected shall, without prejudice to any punishment to which the dealer may be liable for an offence under this act, be forfeited to the state government and such dealer shall pay such amount into the government treasury in accordance with a direction issued to him by the commissioner or any officer appointed under ..... that the way the supreme court read section 11(2) it did not enact a provision forfeiting an amount by way of tax when such amount was not exigible as tax under the act but merely provided that such amount shall be paid over to government and it was for this reason that the supreme court held that it was not competent to the state ..... . the learned advocate-general appearing on behalf of the revenue agreed that the power of the provincial legislature to legislate with respect to tax on sale of goods was to be found in entry 48 and that the validity of section 12a(4) must, therefore, be tested by reference to the true import of that entry, but ..... lall jute ..... .....
Tag this Judgment!Court : Gujarat
Reported in : (1962)3GLR941
..... . it is no doubt true that in that case the pull bench of the calcutta high court took the view that a statutory tenant under the west bengal premises rent control (temporary provisions) act 1950 can sublet the premises under certain circumstances but having given the most anxious consideration to the judgments of the learned judges constituting the pull bench i find myself unable to accept the line of ..... . in that case the learned judge had to consider the provisions of the west bengal premises rent control (temporary provisions) act 1948 the point directly arose as to whether a statutory tenant was entitled to ..... . these amendments are however irrelevant since the bombay rents hotel rates and lodging house rates (control) act vii of 1944 (hereinafter referred to as the act of 1944) replaced the bombay rent restriction order 1942 in its application to various areas with retrospective ..... words on payment of freight in bills of lading issued by the master of the ship under charterparty agreement have been judicially interpreted to mean only those conditions of the charterparty which are to be performed by the consignee of the goods-conditions which operate against the consignee, vide serravino & co. v. ..... whilst on this point i am reminded of cases of carriage of goods by sea under charterparty agreements where reference to the charterparty is very commonly made in the bills of lading by expressing that the goods are to be delivered on payment of freight and all other conditions as per .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR807
..... that a right of revision under section 33x4) of the act of 1950 (west bengal premises rent control temporary provisions act) is only given in the case of appeals heard by the appellate tribunal set up by the 1950 act from orders made by a rent controller after that act came into force. ..... by virtue of section 3 of the bombay merged states (laws) ordinance vi of 1949, which came into force on 1 -1 -1960 and the bombay act iv of 1950 called the bombay merged states (laws) act, 1950, which came into force on the 20th march 1950, the bombay rents, hotel and lodging house rates control act, 57 of 1957, had been extended to and enforced in the merged states including the erstwhile state of baroda but it had been amended in its application ..... two civil revision applications now under consideration the petitioner wants to rely on sub-section (2) of section 29 of the bombay rent control act and urges that the court should enter into evidence to see whether the orders passed by the. ..... therefore, confer no right of revision to the high court against the order of the appellate tribunal in an appeal against the rent controller's order passed under the act of 948 only because the order is passed after the act of 1950 came into force. ..... of appeal, it would not also take away power of the high court to revise the order, and it has been conceded by the full bench that the conclusion reached in those authorities would stand good having regard to the particular provisions with which they were concerned. .....
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