Court : Kolkata
Reported in : AIR1967Cal617,71CWN673
..... , 'order' does not stand alone in the text of section 8; it goes with 'relating to compensation under any act for the time being in force for the acquisition of land for public purposes' words which the whole gamut of of legislation right from the defence of ..... i am asked on behalf of the appellant to go by wadia j.'s decision in hirji virji jangbari v. government of bombay, air 1945 bom 348, in preference to banerjee j., wadia j. applies article 11, schedule 2, instead of section 8, to an appeal ..... particular case he thinks fit to a division bench taking such cases for disposal'. a reference under section ft of the court-fees act is not a matter listed in the schedule. so, that way too. i cannot refer this reference to a larger bench.14. ..... arbitrator. no doubt, i am seized of an appeal from an award under sec. 8, sub-section (1), clause (f), of 'act 30', which provides for apportionment. but that makes no difference. the governing principle appears to be the same. you claim more than what you .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal220,1968CriLJ604,71CWN508
..... in the territory of india.barring 15 articles of a provisional and transitional nature, which do not bulk large here, the bulk of the constitution came into force on january 26, 1950. that day, therefore, is the date of the commencement of the constitution: article 394. and it was years ahead of july 30, 1965 the date ..... sovereign democratic republic. result : it was not possible to work out the sections of the fugitive offenders act and to apply them to the situation that arose after the coming into force of the constitution of india on january 26, 1950. the attempt to extradite the menons out of india into singapore on the strength of the fugitive offenders ..... act, therefore, failed.20. such was the decision rendered by the supreme court on may 19, 1954 a little .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal198
..... made in the banking companies ordinance, later incorporated in section 45e of the banking companies (amendment) act, 1950 and subsequently enshrined in section 45s of the banking companies act. no doubt sub-section (3) of section 45s introduced by the banking law miscellaneous provisions act, 1963 (act 55 of 1963) has almost an identical ring as in sub-sections (1-a) and ( ..... open of a lock to help the liquidator to secure possession which has already been directed in the order for wind-log up. there is a great deal of force in this argument. but the point again is whether this general right of a liquidator to apply to the court for direction covers the exact field mentioned in ..... anyone of these provisions. in other words this rider in interpretation upon the principle enumerated by the privy council in nazir ahmed's case, 63 ind app 372= (air 1936 pc 253 (2)) is that, unless a statute in express words or by necessary implication lays down that one power is to the exclusion of the other then .....
Tag this Judgment!Court : Kolkata
Reported in : [1967]66ITR97(Cal)
..... things very distinctly but i can say that the gifts to brijlal or nandkishore were not made in my presence as alleged.'in our opinion, there is considerable force in the submission made by mr. choudhuri. we are also of the opinion that the tribunal did not shut their eyes to the evidence of amritlal majumdar and ..... proceedings for the years 1945-46 and 1946-47 were being fought out, the income-tax officer of the assessee made assessment for the assessment years 1947-48 to 1950-51 and included the income of the firm, brijlal nandkishore, in the income of the assessee. this he did, even though the assessee had produced before him ..... , was a separate entity. in this respect the following evidence was considered :(a) registration of the firm, messrs. brijlal nandkishore, under section 65 of the indian partnership act with the registrar of firms, on the 23rd december, 1948;(b) sales-tax registration certificates showing the two partners, namely, brijlal lohia and nandkishore lohia as partners of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal105,71CWN831
..... i am aware that section 12(1)(d) of the act adopts the language of section 8(1)(d) including the proviso of the english matrimonial causes act, 1950 and section 7(d) of the earlier english act of the year 1937, and the very many cases on ..... only admirable retorts mr. pal. the old saying that 'none so blind as those who won't see' argued by mr pal forcefully for the wife, is not applicable according to mr. mukherjee, who further submitted that the learned judge wrongly interpreted the said letter ..... marriage bond shall not be set aside lightly or without strict enquiry. the terms of the statute recognise this plainly. the act has not favoured and encouraged divorce, dissolution or declaration of nullity of marriage except on very strict grounds and i think it ..... not a good guide both in facts and law, the case arising on section 13 of the act. another bombay high court decision in the case of sushila v. mahendra. air 1960 bom 117, i am not referring to purposely, as the same was set aside by the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal28
..... imported or are brought within the indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under the said act or any other law for the time being in force, from a place outside india, were liable to confiscation. it is not disputed that watches were prohibited goods if imported without proper licence. ..... opportunity, if the grounds given are vague, unspecific. uncertain or ambiguous. it musl also be remembered that the provisions of the customs act which result in confiscation, fine etc are penal in character. in amba lal v. union of india. air 1961 sc 264 subba rao. j. (as he then was) dealing with section 178a of the sea customs ..... act which corresponded to section 123 of the said act. said as follows :'this court has held that a custom officer is not a judicial tribunal .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal38,1968CriLJ40
..... where the occurrence took place and he was not present at the place of occurrence at the relevant time. besides that line of defence another line was also forcefully taken by the defence that the cartpullers really wanted to dispose of the consignment of soap in the black market with the help of tea-shop's owner, ..... result has been complete disregard of the prohibition contained in sec. 162 cr.p.c, and also of the essential necessity of compliance with section 145 of the evidence act. by such lack of care some prejudicial matters have found its way in the record of evidence, though strictly they were inadmissible. the other characteristic pointed out by mr ..... when proper care is not taken in the matter of proper representation of an accused person in a trial involved in capital trial is illustrated by the case reported in air 1063 ker 64, mohammed kunnummal v. state of kerala. the learned judges of the division bench (anna chandv and p. govinda menon, jj.) while acquitting the convicted .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal88
..... along with the land underneath, forming its site, appears to have been requisitioned under the defence of india act by the military authorities, sometime in the year 1942, and it remained in their occupation until derequisition till about 1950. in the meantime, the structures on the said land, which had become dilapidated, were demolished by the ..... is sued as a defendant for partition (vide abu isa thakur v. dinabandhu banik : air1947cal426 and haradhone haldar v. usha charan karmakar, 96 cal lj 168=(air 1953 cal 292)). 13. a point has been raised by mr. mitra, appearing on behalf of the defendant-respondent in this case, that that interpretation would be ..... of the plaintiffs' family. during military requisition, the structures were demolished and the property was transformed to vacant land, the parties got possession in the year 1950 but, up till now, no structure has been built upon the same, although the plaintiffs claim that they had and have an intention of erecting their residence .....
Tag this Judgment!Court : Kolkata
Reported in : [1967]66ITR179(Cal)
..... of te state by an order dated january 15, 1948. on march 1, 1948, the maharaja ceased to be the ruler of the state. subsequently, on may 31, 1950, the maharajah directed his banker in bombay to pay pattani a sum of loyal and meritorious services which pattani had rendered to the state. the question which arose for decision ..... assigning any reasons. the contract of service was renewed from time to time and the last of such renewal was for the period novembver 1, 1947 to october 31, 1950. during that period the assessee was entitled to a salary of rs. 1,200 per month and a commission of 2 1/2 per cent. of the net profits ..... his remuneration, terms or conditions are duly altered by the corporation .....(4) notwithstanding anything contained in this act or in the indian companies act, 1913, or in any other law for the time being in force or in any agreement entered into by an existing air company or in the articles of association of any such company, no director, managing agent, manager or .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal69
..... therelevant provisions of section 116a are as follows :--'section 116a. appeals to supreme court --(1) notwithstanding anything contained fn any other law for the time being in force, an appeal shall lie to the supreme court on any question (whether of law or fact) from every order made by a high court under section 98 ..... , may be made in this connection to kshetramoni dasi v. surendra mohan, : air1955cal553 ; chandramull indrakumar v. j. n. goenka, 67 cal wn 482; asaram v. state, air 1956 madh-b. 127: bijanlata basak v. bhudhar chandra : air1955cal578 and mariambai v. hanifabai : air1967mp107 .25. the position in law as it appears from the above quotations seems ..... for which no period of limitation is provided elsewhere in this division' can be said to be the article for applications under the representation of the people act, 1951. according to this article the period is three years. but the special law with which we are concerned, for obvious reasons, prescribes that the petition .....
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