Trace Your Case

ISSUE:

Whether the term "decree for recovery of possession" under Section 18(1) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, includes an "order for possession" made under Chapter VII of the Presidency Small Cause Courts Act, 1882?

Whether Section 18(1) of the 1950 Act applies to orders for possession issued under Section 43 of the Presidency Small Cause Courts Act, 1882, given the distinction between orders and decrees?

RULE:

Courts must interpret laws strictly based on clear language and cannot assume legislative errors.

The marginal note to a section of an Act cannot control or alter the clear and unambiguous meaning of the language in the body of the section.

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