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Apr 10 1978

Sm. Sujata Maitra Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Apr-10-1978

Subject : Constitution

Acts : Constitution of India - Article 227(1) and 227(5); ;Constitution of India (42nd Amendment) Act; ;West Bengal Co-operative Societies Act, 1973

Reported in : AIR1978Cal374,82CWN894

or Foreign Exchange Regulation Act, 1973 -- Section 54, from the order of the Appellate Board. 9. The Calcutta Improvement Act, 1911-- Section 77-A from the decision of the Calcutta Improvement Tribunal. 18. There may again be … The Chartered Accountants' Act 1947--Section 21. 2. The Employees' State Insurance Act, 1948--Section 82. 3. The Workmen's Compensation Act--Section 30. 4. Trade and Merchandise Marks … by the officers of any such courts; and (e) settle tables of fees to be allowed to the sheriff, attorneys and clerks and officers of courts.' 5. In considering the scope of interference under Section 107, Rankin

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Aug 24 2009

Consumer Education and Research Society Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Decided on : Aug-24-2009

Subject : ConstitutionCivil

Acts : Parliament (Prevention of Disqualification) (Amendment) Act, 2006 - Sections 2, 3 and 4(2); Parliament (Prevention of Disqualification) Act, 1959 - Sections 3, 4 and 7; Re-Election of Ministers Act; Government of India Act, 1935 - Sections 26(1); Parliament (Prevention of Disqualification) Act, 1950 - Sections 2; Parliament (Prevention of Disqualification) Act, 1951 - Sections 2; National Commission for Minorities Act, 1992 - Sections 3; National Commission for Women Act, 1990 - Sections 3; National Cadet Corps Act, 1948; Air Forces Act, 1952; Societies Registration Act, 1860; Rajasthan Legislative Assembly Members (Prevention of Disqualification) Act, 1969; Manipur Legislature (Removal of Disqualifications) (Amendment) Act, 1975; Representation of the People Act, 1951 - Sections 3

Reported in : JT2009(11)SC426; (2010)8MLJ1420(SC); 2009(11)SCALE708; (2009)9SCC648; 2009(9)LC4214(SC):2009AIRSCW5938:2009(5)LHSC3292

in any State;(e) the office of sheriff in the city of Bombay, Calcutta or Madras;(f) the office of chairman or member of the syndicate, senate, … for the time being in force in any State;(e) the office of sheriff in the city of Bombay, Calcutta or Madras;(f) the office of chairman … (20) of 1990;(c) the office of member of any force raised or maintained under the National Cadet Corps Act, 1948 (56 of 1948), or the Reserve and Auxiliary Air Forces Act, 1952 (62 of 1952);(d) the office of … the government shall not disqualify the holders thereof for being chosen as or for being, Members of Parliament. Section 3 of the Principal Act (amended from time to time) declared that none of the following offices in so

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Mar 30 1953

Sm. Moni Manjuri Dassi and ors. Vs. Mrs. Razik and ors.

Court : Kolkata

Decided on : Mar-30-1953

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 36 and 73; ;High Court Orders; ;High Court Rules; ;Original Side Rules - Rule 48

Reported in : AIR1954Cal6

Original Side Rules.2. The application is made by the decree-holder plaintiffs for an order that the Sheriff of Calcutta do pay out of the sum of Rs. 2371/4/- being the net amount lying in his hands out … of the Original Side Rules.2. The application is made by the decree-holder plaintiffs for an order that the Sheriff of Calcutta do pay out of the sum of Rs. 2371/4/- being the net amount lying in his … 30-4-1948 and of the balanced taxed casts of Suit No. 224 of 1948 with interest and also of the amount of claim of Rs. 1900/- … the certificate of the Registrar it appears that Mr. M. S. Mullick, acting as an attorney for defendants 1 and 2, namely, Mrs. Razik and … application is attorney's right of rateable distribution under Section 73, Civil P. C., where he has attached … in his favour under Rule 48 of Chap. 38 of the Original Side Rules.2. The application is

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Sep 08 1949

Sm. Suraj Jan Bibee Vs. Banku Behary Saha

Court : Kolkata

Decided on : Sep-08-1949

Subject : Tenancy

Acts : Tenancy Law; ;Calcutta Thika Tenancy Ordinance, 1948 - Sections 2 and 3

Reported in : AIR1950Cal428,54CWN281

the Calcutta Thika Tenancy Ordinance, 1948. That being so, it is said that the appellant was protected by Section 3 of that Ordinance. That section provides : 'Notwithstanding anything contained in any other law for the time being … 'under any other like system' in Section 2 (5), Calcutta Thika Tenancy Act, 1949, or Section 2 of the Calcutta Thika Tenancy Ordinance, 1948. He … of the period of six months and on 3rd December 1948, the Court made an order directing the Sheriff to deliver possession of the premises to the respondent. The Sheriff failed to deliver possession and an application

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Aug 09 1949

Federation Bank of India Ltd. Vs. Hanutmal Boid

Court : Kolkata

Decided on : Aug-09-1949

Subject : Tenancy

Acts : West Bengal Premises Rent Control (Temporary Provisions) Act, 1948 - Sections 12, 12(1), 12(2), 17, 17(1) and 18; ;Code of Civil Procedure (CPC)

Reported in : AIR1951Cal382,54CWN604

follows. The plaintiff-respondent was the owner of premises known as No. 10, Canning Street in the city of Calcutta. The petitioners, the Federation Bank of India, Ltd., were the tenants under the plaintiff in respect of part … meantime the plaintiff-respondent had taken out an execution and obtained an order from this Court for possession. The Sheriff's officer endeavoured to obtain possession but he was resisted. On 1-10-1948 the bank made an application to the … dismissing an application under the West Bengal Premises Rent Control (Temporary Provisions) Act, XXXVIII [38] of 1948. The application was made by the appellants for … in payment of his dues. The bank then made an application under Section 5 of the Limitation Act to the Appellate Court for extension of … the premises at a monthly rent of Rs. 360. The bank were in arrear with the payment

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Feb 16 1965

Jardine Mills Agencies and anr. Vs. Neptune Navigation

Court : Kolkata

Decided on : Feb-16-1965

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 17

Reported in : AIR1966Cal84

a firm registered under the Indian Partnership Act and carrying on business at premises No. 4, Clive Row, Calcutta within the said jurisdiction. 2. Atlas Assurance Co. Ltd. a Company duly incorporated in England with limited liability … of summons along with the copy of the plaint was served on Messrs. Fowler and Co., by the Sheriff. On the very same day Messrs. Fowler and Co., wrote to the Sheriff of Calcutta as follows:'In this … applied for and obtained an order under Order 30 Rule 3 of the Code of Civil Procedure, … of which a protection Note and open insurance policy were issued. In 1948-2 All ER 482. (Supra) the suit was filed in the name of … the Court is not adding a new party for the purposes of Section 22 of the Indian Limitation Act nor is it taking away from

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Jun 05 1952

The Official Trustee of West Bengal Vs. Monmothonath Sadhukhan

Court : Kolkata

Decided on : Jun-05-1952

Subject : CivilLimitation

Acts : Code of Civil Procedure (CPC) , 1908 - Order 21, Rules 35 and 97; ;Limitation Act, 1908 - Article 167

Reported in : AIR1953Cal499

Abdul Sukkur Moham-mad Osman Khan, (2) Akhtar Hossain Khan and (3) Abdul Jalil when the applicant wanted the Sheriff to execute his decree for possession of premises No. 17, 17/1 and 17/1/1 Kashi Nath Mallick Lane,. Calcutta. … Sheriff to execute his decree for possession of premises No. 17, 17/1 and 17/1/1 Kashi Nath Mallick Lane,. Calcutta. The application is made under Order 21, Rule 97, C. P. C. The respondents have appeared and used … ejected because he was a ticca tenant under the Calcutta Ticca Tenancy Act, Thereafter an issue was directed to be) tried as to whether the … the sole point for our determination is whether the present application under Section 328 (Order 21, Rule 97) is barred by limitation. Must the time

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Nov 09 1964

Yadavalli Suryakanthamma and anr. Vs. Maddipatla Dorayya and anr.

Court : Andhra Pradesh

Decided on : Nov-09-1964

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC), 1908 - Order 21, Rules 91, 92 and 93

Reported in : AIR1965AP239

their Lordships were these. One Khaja Mohideen obtained a decree against two persons in the Supreme Court at Calcutta. In execution of this decree, the Sheriff of Calcutta to whom a writ of fieri facias was issued … in the Supreme Court at Calcutta. In execution of this decree, the Sheriff of Calcutta to whom a writ of fieri facias was issued by … Amolak Chand Mewa Ram v. Mohammed Shafi, AIR 1948 EP 1 and Maung Aye Maung v. Scott … under the execution, no title was guaranteed to him. All that was guaranteed to him under Clause 7, Section 3, Regulation VII of 1825 was that he should have the rights and interest in the lands, whatever they … enforcement of his decree either under Regulation VII of 1825 or under Act VII of 1859, could recover back his purchase money only when the

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Feb 28 1984

Mayapur Sree Chaitanya Math and ors. Vs. Sachidananda Brahmachari and ...

Court : Kolkata

Decided on : Feb-28-1984

Subject : Criminal

Reported in : 1984CriLJ1692

said two deeds of appointment of shebaits relating to shree Chaitanya Math, Mayapur and Shree Chaitanya Research Institute. Calcutta, in several meetings of shebaits attended by them and held on 25th Oct 1976. 31st Oct. 1976. 2nd … proposition reliance in placed on Nandiram Fatechand v. Emperor reported in AIR 1948 Sind 114 : 1948-49 Cri LJ 454 where the Court viewed that … support of which contention he cites: - Nagar Mahapalika, Varanasi v. Sudheswari Devi reported in : AIR1966All64 M.S. Sheriff v. State of Madras reported in : [1954]1SCR1144 and Indranarayan v. Roop Narayan reported in : AIR1971SC1962 . … death. It is contended that the respondents are guilty of having committed acts which are offences under the Indian Penal Code, particulars whereof are given … for prosecution for perjury in an application under Section 340 of the Cr.P.C. The respondents before the … prosecution for perjury in an application under Section 340 of the Cr.P.C. The respondents before the Court

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Apr 28 1961

Smt. Ujjam Bai Vs. State of Uttar Pradesh

Court : Supreme Court of India

Decided on : Apr-28-1961

Subject : Constitution

Acts : Code of Civil Procedure (CPC), 1908 - Order 5, Rule 2; Constitution of India - Articles 14, 19, 31, 32 and 265; Supreme Court Rules, 1950 - Order V-A, Rule 2; Uttar Pradesh Sales Tax Act, 1948 - Sections 4(1)

Reported in : [1963]1SCR778; [1963]Supp2SCR778

a general order certain cases of the petitioner under section 5(7-A) of the India Income-tax Officer, District III, Calcutta, to the Income-tax Officer, Special Circle, Ranchi. It was held that an omnibus wholesale order of transfer as … purposes. He argues that in the present case an executive authority functioning under the Uttar Pradesh Sales Tax Act, 1948 (Act XV of 1948), hereinafter called the Act, made a clearly erroneous order imposing tax on exempted goods, … Dass v. The State of Madhya Pradesh : [1955]2SCR509 ; Y. Mahaboob Sheriff v. Mysore State Transport Authority : [1960]2SCR146 , J. V. Gokal & … its head office at Allahabad. In the present petition filed under Article 32 of the Constitution, the petitioner impugns the validity of a levy of

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