Court : Kolkata
Reported in : (1999)1CALLT85(HC)
..... read in the context of the said letter of the petitioner himself. it is not disputed that at the relevant point of time the howrah municipal (temporary provisions) act, 1933 was prevail.9. rule 57 of the said rules framed under the said act reads thus:-'57.(1) whithin fifteen days after the receipt of any application made under rule 52 for permission to execute any work ..... . payment of fee is not a condition precedent; 2. the plan having been sanctioned, subsequent change in the enactment, namely, coming into force of section 175-a of the howrah municipal corporation act will not alter the position; and 3. the plan having been sanctioned by the members-in-council of the corporation, the chief architecture had no jurisdiction to pass the impugned ..... of the respondents to intimate to the petitioner as regard the amount of actual fees required to be deposited.14. it is true that in the mean time the new howrah municipal corporation act came into force wherein by reason of an ordinance, section 175-a which is in pari materia with section 398-a of the calcutta ..... , namely:- (1) that the work or any of the particulars comprised in the site-plan, building plans, elevations, sections or specifications would contravene some specific provision of the calcutta municipal act, 1923 as in force in the municipality of howrah, or some specific order, rule or by-law made thereunder:' 11. it is admitted that the building plans were sanctioned on 8.6.94 and .....Tag this Judgment!
Court : Kolkata
Reported in : 2005(1)CHN382
..... , this was governed by the howrah municipal (temporary provisions) act, 1933 by which the provisions of the calcutta municipal act, 1923 was adopted and extended to the municipality of howrah. this adoption continued even with the enactment of calcutta municipal act, 1951 by reason of section 614 thereof and also with the calcutta municipal corporation act, 1980 by reason of section 633 thereof. the howrah municipal act, 1965 also did not affect these provisions. therefore, it is the same ..... act. mr. banerjee contends that there was no communication to his client that the writ petitioner was required to deposit the sanction ..... of the matter.the question:2. now the question, in the facts and circumstances as disclosed above, is whether the howrah municipal corporation is obliged to sanction the plan and permit the writ petitioners to construct six storeyed building in accordance with the provisions of the howrah municipal act as was applicable to the case of sanction prior to the coming into force of the new .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1941Cal550
..... seem fit and proper.2. the case arises under the provisions of the calcutta municipal act, 1923, as extended to the municipality of howrah with certain modifications and restrictions. the act was applied as from 1st april 1933, by the howrah municipal (temporary provisions) act of 1933. in the year 1917, a survey map of the municipality of howrah was published by the government of bengal and on that map ..... is shown a longitudinal space marked dhurrumtollah road. from the map it will appear, though it is not conclusive, that dhurrumtollah road is a public road. section 295 (1), howrah act, i ..... company, dated 9th august 1939, referred to above. section 488, calcutta municipal act, howrah, provides:(1) whoever commits any offence by(a) contravening any provision of any of the sections, sub-section, clauses of sections, provisos or rules of the calcutta municipal act, 1923, as in force in the municipality of howrah, mentioned in col. 1 of the following table, or(b) ..... there is an encroachment on a public road in howrah, that is not a matter to be dismissed lightly. the provisions of the calcutta municipal act in howarh were intended for the good government and well being of the people of howrah and the people who use the public roads of howrah-very important features for the well-being of any .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1954Cal16,57CWN514
..... remained stayed with the consequence that his client could not make an application for substitution. in support of that argument mr. gupta pointed out that under the provisions of section 3, non-agricultural tenancy (temporary provisions) act, a suit for ejectment against a non-agricultural tenant was not automatically stayed but was required to be stayed by an order of the court. if so ..... stay in the present case must be taken to have terminated on 15-5-1949.on that date, as i have stated, the act of 1949 came into force and by that act the area within the limits of the howrah municipality was released from the operation of the special law. if, therefore, after 15-5-1949, the stay was only a stay under ..... not automatic was that by the act of 1949, the howrah municipality was excluded from the operation of the act. the land in the present case lies within the municipal limits of howrah which were subject to the operation of the original act of1940. section 1 (2) (c) of the new act which repealed the earlier act provided for the exclusion of the howrah municipality and consequently if the stay under ..... assuming that he was not required to make an application between 7-4-1948, when rameswar died and 15-5-1949, when for the first time the howrah municipality was released from the operation of the act, there was no longer any reason for his not making an application thereafter. as more than ninety days obviously elapsed even after 15-5-1949 before .....Tag this Judgment!
Court : Kolkata
Reported in : 83ITR470(Cal)
..... the case of such a requisition, under the west bengal premises requisition and control (temporary provisions) act, 1947, the government by requisition does not become a tenant and it is not a letting. we would also like to emphasise that both vacancy remission and deduction of municipal taxes cannot be claimed at the same time by reason of the language in ..... 12 of the west bengal premises requisition and control (temporary provisions) act, 1947. requisition in this context does not mean that thereby the owner ' lets ' the property to the government.9. we shall dispose of the question of municipal taxes as deductions at this stage. the relevant provision which governs this question of municipal tax deduction is the proviso to section 23 of ..... the west bengal government having been requisitioned by the said government for housing refugees and that requisition, we understand, was made under the west bengal premises requisition and control (temporary provisions) act, 1947. on the 26th december, 1960, the building was derequisitioned by the government and since then the property was lying vacant. the correspondence between the assessee and the ..... a case where the building is under repairs the vacancy remission can be allowed on the strength of the ruling in maharajadhiraj of darbhanga v. commissioner of income-tax,  1 i.t.r. 206 (pat).'the appellate assistant commissioner therefore partly allowed the appeal of the assessee and directed the income-tax officer to amend the assessment .....Tag this Judgment!
Court : Chennai
Reported in : AIR1973Mad325
..... on the decision of the supreme court in karnani properties ltd. v. miss augustine, : 1scr20 a case under the west bengal premises rent control (temporary provisions) act, 1950. in that case a flat consisting of a single room, a bath and a covered verandah was let at a monthly rent of rs. 100 ..... of lease. it was held by the division bench consisting of anantanarayanan, c. j. and natesan, j. that the additional payment of annual extra municipal tax of rs. 1212 agreed subsequent to the demise cannot be deemed to be part of the rent for two reasons :--(1) that the additional payment ..... annual contribution of rs. 225 towards repairs and a further annual contribution of rs. 220 towards taxes; and the dispute related only to the extra municipal tax of rs. 1212 which was agreed to be paid by the tenant as a result of an oral agreement subsequent to the original registered agreement ..... guards, sweepers, liftmen etc, apart from repairing the electric installations, and sanitary fittings; and he has to bear the owner's and occupier's shares of municipal taxes. in other words, the monthly rent of rs. 100, according to the agreement, included the hire charges of electric fans, the electric charges for ..... and that the decision must be confined to the facts of that case. admittedly, the case merely decides that municipal taxes form part of the rent as used in the madras rent control act of 1960 ; and the question of fixtures, amenities and services did not arise for consideration at all in that .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2006(1)ALT81
..... the non-payment of electricity and water bills. in karani properties ltd. v. miss augustine : 1scr20 while dealing with the provisions of the west bengal premises rent control (temporary provisions) act (17 of 1950) the apex court held at para 5 as hereunder:-it is admitted at the bar that the tenancies in question ..... the clauses (a) to (relief) of section 9 has any reference to these consideration. clause (b) makes a specific reference only to increase in municipal taxes, rates or cesses. but then there is the residuary cl.(g) and the question whether that clause applies to the present cases will have to ..... not exceeding 600 watts for heating meals and making tea only, use of lift, hot and cold water, the owner and occupier's shares of municipal taxes.it is clear from the terms of the clause quote above that the landlord was to place at the disposal of the tenants not only ..... purpose. the first respondent is a tenant in a suit premises bearing municipal no. 3-2-1/7 and 3-2-1 /8 consisting of two rooms situated at rahmatbagh, kachiguda, hyderabad. the above said suit property bearing ..... authority.6. the landlord as petitioner in the r.c. aforesaid in nutshell pleaded as hereunder:-the petitioner is the landlord of the entire property bearing municipal no. 3-2-1 /5 to 13 situated at rehmatbag, hyderabad. the petitoner has let-out the above said building to various tenants for residential .....Tag this Judgment!
Court : Kolkata
..... on the northern portion of the firs.floor of the said premises under the provisions of the west bengal premises requisition and control (temporary provisions) act of 1947. said portion of the property was allotted to the election authority of the kolkata municipal corporation. it is also not in dispute that in the year 1986 further ..... reads as under : 2) the respondents are directed to take steps to acquire the said portions of the premises in question under the provisions of the land acquisition act 1598 within a period of one year from today, if the government wants to continue the use of the premises for the purpose for ..... the option that could be exercised by owner of the premises, direction was to acquire portions of the premises in question under the provisions of the land acquisition act at the behest of the owner and if the government wants to continue with the use of the premises for the purpose for which ..... subject matter of challenge in the third round. in the light of above factual situation and finality to the rights of the parties under earlier provisions of law prior to insertion of section 49a and with the insertion of section 49a, right of the appellant/petitioner cannot be expanded or considered ..... inter se. over and above this, if subsequent change of law section 49a were to be considered to the facts of the case, the very provisions of section 49a came to be inserted in order to remove any doubts or ambiguity with the wordings used in section 49. therefore, no fresh .....Tag this Judgment!
Court : Kolkata
Reported in : AIR2003Cal68
..... holding is a thika property and the petitioners arc thika-tenants therein and as per the provisions of the thika tenancy (acquisition and regulation) act, 1981, the suit holding being a thika property is not transferable and the petitioners applied before the thika controller, howrah in prescribed form praying for an order accepting them as a thika-tenants and the ld. ..... them to deposit the monthly rents provisionally with effect from 18th january, 1982. accordingly, the petitioners having mutated their names in the records of howrah municipal corporation and have been deposited the tax before the municipal authority and they have also submitted building plan before the said corporation for sanction for the propose of raising construction on the said thika properly. ..... interest therein and for permanent injunction restraining them from interfering with the peaceful possession of the petitioners in the suit property and they also have filed a petition for temporary injunction in that suit and the court also after being satisfied granted an ad interim order of injunction restraining the o.ps. from interfering with the physical possession of ..... ought to have set aside that order. 5. it has been contended by mr.haradhan banerjee, learned advocate for the petitioners that according to the provisions of order 39, rule 3, granting of temporary injunction ex parte has been disapproved and if there are compelling reasons of urgent nature prompting the court to grant such type of injunction in the .....Tag this Judgment!
Court : Kolkata
Reported in : (1962)IILLJ530Cal
..... made out for my use by mr. smrity kumar roy chowdhury, junior advocate for the howrah municipality, which i direct to be kept on the record) that the administrator directed advertisement to issue for filling up the post of assistant health officer and further directed that temporary arrangement shall continue in the meantime. the reason which weighed with the administrator in compulsorily retiring ..... out below:the undersigned is directed to say that the governor is pleased to confirm under section 66(2)(ii) of the bengal municipal act 1932, the termination of service of dr. b. sur, assistant health officer of the howrah municipality on the grounds of his physical infirmity with effect from 3 february 1954. * * *10. the aforesaid order was communicated to the petitioner ..... he will gee the pay up to the last day on which he has worked.even after toe repeal of the bengal municipal act, 1884, by the bengal municipal act, 1932, the aforementioned rules continue to be in operation, under the provisions of section 25 of the bengal general clauses act.15. it is noticeable that there is no rule for compulsory retirement framed by the ..... municipality. the petitioner has not attained the age of 55 years and no question of his retirement under rule 103 arises. the petitioner has not also been .....Tag this Judgment!