Court : Kolkata
Reported in : AIR1971Cal471,75CWN489
..... provision of clause 13 of the letters patent was considered in view of section 16 of the west bengal premises rent control (temporary provisions) act (17 of 1950). in section 16 of the said act 17 of 1950 the language used was, inter alia, to the following effect:--'notwithstanding anything contained in any other law'.......... and 'no other court shall be ..... fit, (2) each of the judges of the city civil court may exercise all or any of the powers conferred on that court by this act or by any other law for the time being in force. section 5. jurisdiction.-- (1) the local limits of the jurisdiction of the city civil court shall be the city of calcutta. (2) ..... court shall not have jurisdiction to try such suits and proceedings specified therein which the high court had been trying so long prior to the coming into force of the city civil court act and the amendments made thereunder from time to time.12. then again, the language of section 7 provides that the substantive law to be administered .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal19
..... by its managing agents. the decision of this court on this issue was affirmed on appeal by the privy council in ram kissendas v. satya charan law air 1950 pc 81 and it was observed that the decree merely prevented dismissal or termination of the appointment of the managing agents and had not the effect of enforcing ..... board determined the plaintiff's employment who made an appeal under clause 16 of the terms 'and conditions of service of hospital medical staff which had a statutory force. it was maintained on the part of the minister that no appeal lay to him and no decision was reached by the minister required under clause 16. the ..... declaration will amount to an order for specific performance of personal service which is practically forbidden in law. this will appear from section 21, clause (b) of the specific relief act, 1877 (new section 14, clause (b)) which is in following terms.'section 21. the following contracts cannot be specifically enforced :-- (a) ..... (b) a contract which .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1971Cal383,75CWN478
..... continued and what was necessary to be proved under proviso to section 14 (3) read with section 12 (1) (i) of the west bengal premises rent control act, 1950 was that the tenant made defaults on three occasions of two months each as mentioned in the said statutory provisions. in charubala v. madhusudan, : air1956cal170 it was ..... dismissed, each party bearing their own costs throughout. 20. as to the cross-objection, in view of the dismissal of the suit the cross-objection loses its force. mr. mukherjee for the cross-objectors respondents has contended that the courts below misdirected themselves in thinking that the plaintiff no. 3 had no experience of business ..... assigned to the plaintiffs, who thereby became entitled to the benefits arising from such defaults. reliance was placed on the decision of kanto k. mullick v. jyotish, air 1949 cal 571. in which the court was considering defaults committed by the tenant in a case governed by calcutta house rent control order, 1946. it was obseved: .....
Tag this Judgment!Court : Kolkata
Reported in : [1972]85ITR531(Cal)
..... necessary relief are satisfied. it is to be noted that section 49d(1) speaks in express terms of payment of 'income-tax by deduction or otherwise under the law in force, in that country'.52. the further question that remains to be considered is whether the requirement of explanation (iii) is satisfied to enable the assessee to get necessary relief. ..... accrued or arisen. (4) the assessee has paid in that country in which the income has accrued or arisen income-tax, by deduction or otherwise, under the law in force in that country. 20. unless these basic requirements of the section are satisfied, section 49d will not come into operation. in order to obtain relief under section 49d, an ..... provisions of sub-section (1) shall also apply in relation to any such income accruing or arising in the united kingdom and chargeable under this act for the year ending on the 31st day of march, 1950, or for the year ending on the 31st day of march, 1951, or for the year ending on the 31st day of march, 1952. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1971Cal439,75CWN784
..... decree after giving credit for deposits or payment under above provisions and in case of decree under the west bengal premises rent control (temporary provisions) act, 1950 (hereinafter referred to as 1950 act) the total amount the tenant was liable to deposit on account of rent including arrears of rent for the period ending with the date of ..... basis of the original decree under appeal, will not be ineffective or infructuous; on the contrary the execution of the decree under appeal would proceed with full force as an effective and operative decree unless its proceedings were stayed during appeal and such decree could be put to execution even after the disposal of the appeal ..... provides that a decree, though under appeal, continues to be a valid and operative decree. mr. mitra referred to the decision in juscurn boid v. pirthichand, air 1918 pc 151 in which it was observed that, under the indian law and procedure, an original decree is not suspended by the presentation of an appeal, nor .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1971Cal504
..... annum, and such interest shall be added to the costs and shall be recoverable as such.'this clause was omitted by the code of civil procedure. (amendment) act, 1956 which came into force on 2-12-1956. the next provision for consideration is of order 20, rule 6 of the code of civil procedure which provides as follows: order 20, ..... an application for amendment thereafter could not be entertained as by satisfaction there was no decree in existence. in the case of k. c. mukherjee, 36 cal wn 97 = (air 1932 cal 563) cited above, graham, j. held a different view holding that if there was inexcusable delay for amendment, it was always discretionary on the part of the ..... delay was made out for allowing the application for amendment. mr. mukheriee also referred to the decision in kisorilal v. badri das reported in 35 ind cas 218 = (air 1916 all 303) where it was held that actual amount of costs was not determined at the time of judgment but subsequently on assessment and inserting costs for the first .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal27
..... 25 of the central civil services (conduct) rules, 1964. the said rule 25 provides as follows:'25. repeal and saving-- any rules corresponding to these rules in force immediately before the commencement of these rules and applicable to the government servants to whom these rules apply are hereby repealed: provided that any order made or action taken ..... of the constitution.'i am in respectful agreement with the aforesaid observations. counsel for the petitioner in this connection also referred me to the decision in the case of air 1956 mad 220 for the argument that the rule was vague. it must, however, be remembered that in so far as the madras high court expressed the ..... displayed gross negligence and inefficiency in the discharge of his official duties. it was contended that no particulars had been given of what was his duty and what acts he committed which might be termed as negligent. it was also urged that it had not been clearly stated what was the standard of efficiency and duty. i .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal8,75CWN831
..... sociological context of law. problems of modern society, congestion, density of population, influx of refugees, industrialisation, mechanisation, technology and urbanisation are some of the main forces which have produced different laws and legal attitudes in respect of acquisition and requisition. social responsibilities attached to individual ownership of property are being recognised in laws ..... india. those points are already concluded by the latest supreme court pronouncement in favour of the constitutional validity of the west bengal act in civil appeal no. 500 of 1967, (reported in air 1971 sc 963) quoted above and in my own judgment in that case cited earlier in this judgment. these grounds are no ..... court in smt. lila vati bai v. state of bombay, : [1957]1scr721 in considering the legality and validity of the bombay land requisition act, 1948 as amended by bombay act 2 of 1950 observed at page 529.'an order like the one passed under section 6 (4) (a) of the bombay land requisition .....
Tag this Judgment!Court : Kolkata
Reported in : 1972CriLJ71
..... . justice shelat observed therein at page 79 that 'but howsoever wide and unfettered discretion in the sessions court or the high court may be, it cannot ignore the force behind sub-section (1) of section 497 of the criminal procedure code when it says that 'he shall not be so released if there appear reasonable around for believing that ..... support the unqualified proposition put forward by mr. dutt. the last case referred to by mr. dutt is the case of partap v. state of rajasthan reported in air 1966 rai 198. in that case mr. justice chhaneani observed at page 202 that in considering bail applications under section 498 criminal procedure code 'the court should take into consideration ..... the point. mr. dilip kumar dutt referred in the first instance to the case of k. n. joglekar, v. emperor reported in air 1931 all 504 (sb) and relied on the observations of the acting chief justice sulaiman delivering the judgment of the court at p. 506 that 'it is a mistake to imagine that section 498 is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1971Cal512
..... areas as set out in clause 6 of the said contract. the said guarantee given by the appellant under the said term of the said contract was subject to force majeure and availability of quantities and qualities of timber mentioned in clauses 4 and 5 of the said contract between the parties. it should be noted here that ..... submitted. an award will operate as res judicata in subsequent proceeding between the parties either in court or before the arbitrators unless the arbitrators in making the said award had acted without jurisdiction. (see (1807) 14 ind app 125 (pc)).17. in the first arbitration the disputes referred by the parties were whether in the facts and circumstances ..... court.11. in support of his contention mr. chaudhury cited the decision of a division bench of this court consisting of nasim ali, j. and pal j. reported in air 1942 cal 92, radharani v. benodamoyee. in the said case the aforesaid observations of mahmud, j. were quoted and it was observed that res judicata was a question .....
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