Court : Kolkata
Reported in : AIR1977Cal165,[1977(34)FLR292]
..... on the 31st august, 1948. as we have pointed out in our aforesaid judgment sub-section (3) of section 1 in chapter i of the act provides that the act shall come into force on such date or dates as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions ..... finance and audit and (d) miscellaneous. sections 44 and 45 (employers to furnish returns etc; inspectors their functions and duties) were brought into force in all part 'a' states with effect from the 1st april, 1950.5. on the 24th november, 1955, chapter va became applicable to the whole of india except the state of jammu and kashmir. this ..... that the employers' special contribution in the case of factories or establishments situate in any area in which the provisions of both chapters iv and v are in force shall be fixed at a rate higher than that in the case of factories or establishments situate in any area in which the provisions of the said chapters are .....
Tag this Judgment!Court : Kolkata
Reported in : (1894)ILR21Cal777
..... and decided.15. under section 107 the decisions of the settlement officer in all proceedings under the chapter are to have the force of a decree, and under section 108, clause 2, an appeal lies to the special judge from all decisions of the settlement ..... a right of second appeal to this court.14. it must be admitted that the provisions of chapter x of the bengal tenancy act are somewhat obscure as regards the procedure to be followed in cases under the chapter; but, as far as we understand them, ..... subsequently on the 10th december 1891, the settlement officer issued a notice, under rule 33 of the government rules under the tenancy act; that on the 10th january 1892 he published the draft khatian, that on the 11th idem he issued a notice under rule ..... 2. we find, however, that there were two suits, nos. 42 and 43, under section 104 (d) of the bengal tenancy act brought before the settlement officer of midnapore on the 26th september 1891.3. the plaintiff's in these suits were (1) the masants .....
Tag this Judgment!Court : Kolkata
Reported in : (1894)ILR21Cal935
..... with costs.* procedure in case of disputes as to boundary.[section 40. if it shall come to the notice of the collector in the course of a survey under this act that a dispute exists as to any boundary which should be surveyed, the collector after holding such enquiry as he may deem necessary, may determine such boundary as hereinafter ..... no appeal lies to him. on behalf of - the appellant it is contended that the order of the assistant settlement officer was passed under the provisions of the bengal tenancy act, that it was ultra vires, being a decision as to a boundary dispute between neighbouring proprietors of land, and that, therefore, it should have been set aside by the ..... under settlement, which is not the case, it is said, in the present instance.5. but this rule has not the force of law, and the settlement officer himself says his proceeding was one under part v of the survey act. it is a well known rule that, when a judicial officer has powers to do certain things, it is to be .....
Tag this Judgment!Court : Kolkata
Reported in : (1898)ILR25Cal146
..... were concerned, but not so far as an application for review of judgment went. proceedings like these are not summary proceedings. decisions passed in them have the force of a decree. an appeal and a second appeal are allowed against those decisions. but if no power of correcting its error byreview of judgment were given to ..... ; and, secondly, because he was wrong in enhancing the rent without assigning any definite reasons, when under sub-section 3 of section 104 of the bengal tenancy act, he was bound to presume, until the contrary was proved, that the existing rent was fair and equitable.3. before dealing with the first of these two grounds ..... learned chief justice in thinking that this appeal ought to he dismissed with costs. it arises out of certain proceedings instituted under section 103 of the bengal tenancy act. upon the proceedings being instituted the revenue officer found that the tenants were tenure-holders holding at fixed rates of rent, and he, accordingly, recorded a declaration .....
Tag this Judgment!Court : Kolkata
Reported in : (1898)ILR25Cal333
..... fifteen years old; in the judgment the deputy magistrate says 'that he is a boy of fourteen or fifteen years, decidedly under sixteen.' now, even if the act of 1876 had been in force, the magistrate should have clearly determined the age of the boy before directing his detention in the reformatory school. this has been laid down in the case of ..... not have the effect of reviving the effect of reviving the section which it repealed.25. i base this opinion upon the following reasons: when act v of 1876 was passed, the procedure code in force was that 1872. section 318 of that code, which is practically word for word the same as section 399 of the present code, was repealed in ..... bengal on and from the day upon which act v of 1876 came into force in this presidency by (sic)tification (see sections 1 and 2, act v of 1876). that section 318 of the code of 1872 was reproduced as section 399 of present code was perhaps due .....
Tag this Judgment!Court : Kolkata
Reported in : (1898)ILR25Cal896
..... , appellate side, a reference to a full bench can only be made when one division court differs from another division court upon a point of law or usage having the force of law. the question, therefore, to my mind resolves itself into this, whether a judge sitting alone, as was the case here, is a 'division court' within the meaning ..... , and that i cannot interfere with this finding in second appeal.8. in support of his first contention the learned pleader for the respondent has cited the transfer of property act, sections 106, 108 (j) and 111 (h), and the cases of beni madhab banerjee v. jai krishna mookerjee (1869) 7 b. l. r. 152; durga prasad misser v. brindaban ..... , and i think we obtain a fairly clear indication of what was intended by the term 'division court' from section 13 of 24 and 25 vic, cap. 109, the act establishing high courts of judicature in india. that section shows that a 'division court ' must be constituted of two or more judges of the high court, which is incompatible with .....
Tag this Judgment!Court : Kolkata
Reported in : 3Ind.Cas.324
..... at the sale in execution of the decree for rent due on the putni and by the subsequent service of notice under section 167 of the bengal tenancy act they have superseded the rights of both the putnidar and darpatnidar and have become entitled to realise rent directly from the defendants. if, therefore, they are now ..... on behalf of the appellant raises a question of considerable importance, the solution of which depends upon the construction of section 148(h) of the bengal tenancy act. that section provides that notwithstanding anything contained in section 232 of the code of civil procedure, an application for execution of decree for arrears of rent obtained ..... 23rd december 1906 the zemindar, jagat tarini dasi, the auction-purchaser of the putni, served a notice upon the durpatnidar under section 167 of the bengal tenancy act and annulled his encumbrance on the 23rd january 1907. kishori lal executed a conveyance in favour of jagat tarini in respect of all arrears of rent realisable from .....
Tag this Judgment!Court : Kolkata
Reported in : 13Ind.Cas.605
..... if this is so, there can be no doubt that the appeal in this case lies to the district court and not to us by force of section 45 of the insolvency act; as the case was tried by the deputy commissioner, a3 being a court, subordinate to the district judge, invented with jurisdiction under section 3 ..... the whole of this code was repealed, as far as darjeeling was concerned on the 5th january 1909 when the present civil procedure code came into force. thereupon, under section 6 of the general clauses act, if any person had acquired or incurred any right, privilege, obligation or liability on the filing of the second respondent's petition, ..... insolvency section of the civil procedure code of 1882, as darjeeling is a scheduled district under the insolvency act, which was not then in force there. the present civil procedure code was applied to darjeeling on the 5fch january 1909, and the provincial insolvency act on the 25th january 1909. the respondent was adjudged an insolvent on the 27th may .....
Tag this Judgment!Court : Kolkata
Reported in : 29Ind.Cas.629
..... every decision of a full bench shall be treated as binding on all 'division courts and judges sitting singly, upon any point of law or usage having the force of law, determined by the full bench, unless it is subsequently reversed by a bench specially constituted consisting of such number of judges as in each case shall ..... each of its two branches, must be answered in the negative.7. as regards the second question, it follows that article 132 of the schedule to the indian limitation act has no application, as there is no charge on immoveable property enforceable against the sons. consequently, article 120 governs the case. the plaintiffs are thus entitled to sue ..... answer the second branch of the first question in the affirmative, on the ground that the full bench decision was superseded by section 85 of the transfer of property act (now replaced by rule 1 of order xxxiv of the civil procedure code of 1608). in support of this contention, reliance has been placed upon the cases of bisonath. .....
Tag this Judgment!Court : Kolkata
Reported in : (1915)ILR42Cal1068
..... every decision of a pull bench shall be treated as binding on all division courts and judges sitting singly, upon any point of law or usage having the force of law, determined by the full bench, unless it is subsequently reversed by a bench specially constituted consisting of such number of judges as in each case shall ..... of its two branches, must be answered in the negative.5. as regards the second question, it follows that article 132 of the schedule to the indian limitation act has no application, as there is no charge on immoveable property enforcible against the sons. consequently, article 120 governs the case. the plaintiffs are thus entitled to sue ..... answer the second branch of the first question in the affirmative, on the ground that the pull bench decision was superseded by section 85 of the transfer of property act (now replaced by rule 1 of order xxxiv of the civil procedure code, 1908). in support of this contention, reliance has been placed upon the cases of biswanath pershad .....
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