The Calcutta Weekly Notes January 15 1945

We are sure that of the two judgments in the matter of a Reference to the Federal Court rported in this issue professional opinion will unanimously endorse the view expressed in the dissenting judgment of Mr. [...] The Court was epected to ascertain for itself the true shape of the duty from the miscellaneous material thus pointed out and then say whether it would be within the competence of the Federal Legislture to make a law for the levy of a duty of a similar kind. [...] For the purposes of the jurisdiction of the Federal Court “ questions of law ” seem to be both under secs. [...] 11 of the Bombay Rent Restriction Act provides as follows :— "(1) No order for the recovery of possesion of any premises shall be made so long as the tenant pays or is ready and willing to pay rent to the full extent allowable by this Act and performs the other conditions of the tenancy." The words " and performs the other condtions of the tenancy" in sec. [...] 11 of the Bombay Rent Restriction Act mean "fulfils all the other duties imposed by the lease on the lessee." If there is a covenant by the lessee not to sublet but the lessee sublet the premises he cannot be said to be performing alt.the duties under the lease.