SETHIA PROPERTIES A DISSOLVED FIRM Vs. T R BHAVNANI
LAWS(CAL)-1960-5-5
HIGH COURT OF CALCUTTA
Decided on May 25,1960

SETHIA PROPERTIES, A DISSOLVED FIRM Appellant
VERSUS
T.R.BHAVNANI Respondents


Referred Judgements :-

HEARNE V. GARTON [REFERRED TO]
ATTORNEY GENERAL V. BRADLAUGH [REFERRED TO]
HUNTINGTON V. ATTRIL [REFERRED TO]
CURTIS V. STOYIN [REFERRED TO]
EX PARTE,SCHOFIELD [REFERRED TO]
VERNON V. WATSON [REFERRED TO]
GOBARDHAN DAS V. DOOLIECHAND [REFERRED TO]
BROWN V. ALLWEATHER MECHANICAL GROUTING CO. LTD. [REFERRED TO]
YICK WO V. HOPKINS [REFERRED TO]
TORONTO RAILWAY CO. V. TORONTO CITY [REFERRED TO]
DERBY CORPORATION V. DERBYSHIRE COUNTY COUNCIL [REFERRED TO]
T B IBRAHIM PROPRIETOR BUS STAND TANJORE VS. REGIONAL TRANSPORT AUTHORITY TANJORE [REFERRED TO]
DWARKA PRASAD LAXMI NARAIN VS. STATE OF UTTAR PRADESH [REFERRED TO]
HARISHANKAR BAGLA VS. STATE OF MADHYA PRADESH [REFERRED TO]
RAJNARAIN SINGH VS. CHAIRMAN PATNA ADMINISTRATION COMMITTEE PATNA [REFERRED TO]
SEWPUJANRAI INDRASANARAI LIMITED VS. COLLECTOR OF CUSTOMS [REFERRED TO]
JHABERMAL DUDHWALLA VS. GOVINDRAM [REFERRED TO]
PULIN KRISHNA PAUL VS. SISHUPATI CHAKRAVARTY [REFERRED TO]
D K SEN GUPTA VS. ANANTA LAL DAS [REFERRED TO]



Cited Judgements :-

Amar Singh VS. State of Himachal Pradesh [LAWS(HPH)-2000-10-1] [REFERRED TO]
MATHURA PROSAD RAJGHARIA VS. KANAILAL MULLICK [LAWS(CAL)-1967-6-4] [REFERRED TO]
ARUN BROTHERS VS. SAKTI PRASANNA CHATERJEE [LAWS(CAL)-1982-7-5] [REFERRED TO]
NAND KUMAR SINHA VS. STATE OF BIHAR [LAWS(PAT)-1999-9-21] [REFERRED TO]
NATHMAL KAJARIA VS. RAM NARAIN RATHI [LAWS(CAL)-1961-3-30] [REFERRED TO]
TRILOKNATH LALL VS. MALATI BIBI KHETRY [LAWS(CAL)-1966-8-26] [REFERRED]


JUDGEMENT

B.N.Banerjee, J. - (1.)This is a reference made to a Special Division Bench, under the second proviso to Rule 1, Chapter II of the High Court Appellate Side Rules. The particular question of law referred for determination is : "Whether Rule 9 of the West Bengal Premises Rent Control Rules 1950 is ultra vires."
(2.)Rule 9 above referred to is quoted below :
"9. In making inquiries under the Act, the Controller, the Chief Judge of the Court of Small Causes, Calcutta, the District Judge or the Judicial Officer to whom the case may be transferred under the provision of Clause (a) or Clause (b) of Sub-section (1) of Section 32 shall follow, as nearly as may be, the procedure laid down in the Code of Civil Procedure, 3,908, for the regular trial of suits, the substance only of the evidence being recorded as in unappealable cases and shall record in brief 'the reasons for his findings."

(3.)I need refer to the facts of the case briefly, so as to understand how this reference came to be made.
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