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PETITIONER: TOLARAM RELUMAL AND ANOTHER
Vs.
RESPONDENT: THE STATE OF BOMBAY.
DATE OF JUDGMENT: 13/05/1954
BENCH: MAHAJAN, MEHAR CHAND (CJ) BENCH: MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. BOSE, VIVIAN BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA
CITATION: 1954 AIR 496 1955 SCR 439 CITATOR INFO : RF 1970 SC1597 (37)
ACT: Bombay Rents, Hotel and Lodging House Bates Control Act, 1947, (Bombay Act LVII of 1947)-Section 18(1)-Words " in respect of "--Meaning of Receipt of money by landlord or any person on his behalf--On executory contract-Whether punishable under the Act.
HEADNOTE: Section 18(1) of the Bombay Rents,..,......... Control Act 1947 provides;- " If any landlord either himself or through any person acting or Purporting to act on his behalf............ receives any fine, premium or other like sum or deposit or any consideration, other than 159 the standard rent in respect of the grant, renewal or continuance of a lease of any premises such landlord or in the manner indicated by the section. Held, that the words " renewal or continuance of a lease clearly suggest that there must be a renewal or continuance of a subsisting lease. They would not cover an executory contract to grant a lease. Giving the words " in respect of " their widest meaning, viz., relating to " or " with reference to " it is plain that this relati...