Court : Kolkata
Reported in : AIR1963Cal261,1963CriLJ579,67CWN297
..... -2-61 is a letter addressed to respondent subodh chandra bose and it concludes by saying that 'sanat is suffering from schizophrenia of paranoid type and the disease is chronic'. nothing is shown either in that letter or in the original application or in the affidavit which could justify the district judge to dispense with ..... annamalai mudaliar : air1953mad362 .47. that habeas corpus lies against mental hospitals and clinics, is well settled law and reference may be made to r. v. board of control, ex. parte rutty, reported in (1956) 1 all er 769 which has been cited to us. it may not be inappropriate to quote one observation of lord goddard ..... from the date of the operation of the act. section 8(2) o the act expressly provides that nothing shall apply in respect of certain institutions. one exemption is --any clinical establishment maintained by or underthe control of government or any local authority. it is quite obvious that the control of the clinical establishment of the lumbini park, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1990Cal105,93CWN514
..... the facts and circumstances of the case and pointed out that in this particular case the provisions of s. 21(l)'of the karnataka rent control act, 1961 was the subject matter of consideration by the supreme court and in that connection the supreme court observed that it is well settled legal principle ..... as is ordinarily provided in other rent restriction laws, particularly, west bengal premises tenancy act and the provisions of the karnataka rent control act.29. mr. dasgupta next contended that the provisions of the west bengal non-agricultural tenancy act, amended by the act of 1986, could not be made applicable to the instant case, inasmuch as the ..... no provision contained in the west bengal non-agricultural tenancy act as amended by the amendment act of 1986, containing the provisions similar to the provisions of s. 21(1) of the karnataka rent control act, 1961. in other words, mr. dasgupta submitted that even if the amendment act is given retrospective effect and, applies to the present case .....
Tag this Judgment!Court : Kolkata
Reported in : 1986(9)ECC109,1988(17)LC781(Calcutta),1987(30)ELT198(Cal)
..... arrived. remove the gold from the oven and conceal.'having regard to the facts and circumstances of the case i impose the following penalties under section 74 of the gold control act, 1968.1. shri gopeswar sil ... rs. 5002. shri d.n. roy ... rs. 503. shri b.n. basak ... rs. 2504. shri s.n. roy ... rs. ..... n. sen ... rs. 2506. shri n.l. karmakar ... rs. 250since the gold under seizure has been confiscated under the customs act, 1962 no separate order for confiscation is passed under the gold control act, 1968. the personal penalties should be deposited in the customs house treasury forthwith.'and in respect of the other show cause notice under customs ..... , calcutta, for melting of gold of foreign origin, the customs officers, armed with authorisations issued under the customs act, 1962 and gold (control) act, 1968 searched on 30th march, 1972, the said premises under the occupation and control of s/shri gopeswar sil, nandalal karmakar and others. in course of search one gold bar in twisted form .....
Tag this Judgment!Court : Kolkata
Reported in : 1986(6)LC581(Calcutta),1985(21)ELT673(Cal)
..... unauthorised. according to the collector of customs the said imported goods were liable for confiscation under section 111(d) of the customs act, 1962 read with section 3(2) of the import and export control act, 1947. the collector of customs instead of confiscation of the goods gave an option to the petitioner to redeem the goods under ..... white cement as two different commercial commodities even under the law. according to mr. gupta, the collector of customs had acted arbitrarily, unjustly and whimsically in not relying upon the definition of cement in the said control order which was binding all force upon the collector of customs. the collector of customs had no authority and/or jurisdiction ..... section 125 of the customs act, 1962 on payment of fine of rs. 6,50,000/-and a penalty of rs. 1,10,000/-.2- .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)2CALLT133(HC),1990(25)ECC414,1990LC370(Calcutta)
..... that they are causing manifest injustice to the petitioner. with great anxieties, this court has gone through the materials on record and the provisions of the gold control act and this court does not find that the adjudication proceeding suffers from any inherent defect. neither the additional collector nor the appellate authority and also not the revisional ..... was involved in smuggling the prohibited gold bars and show cause notices were issued to the petitioner and sri m. k. kundu both under the customs act, 1962 and gold control act, 1968 on 8.11.71. the case was adjudicated by the additional collector of customs on 14.7.72 after granting personal hearing to the said ..... 74 of gold'control act, 1968. it indicates inter alia that any person who, in relation to any gold, does or ommits to do any act which act of omission would render such gold liable to confiscation under this act, or abets the doing or omission of such an act, or is in charge of the conveyance or animal which is liable .....
Tag this Judgment!Court : Kolkata
Reported in : 1991CriLJ347,1991(34)ECC48
..... items so recovered from the shop were seized on the reasonable belief that those were of smuggled origin and are liable to be confiscated under the customs act, 1962 and the gold control act, 1968, since the opposite party no. 2, mohan dey, who was person in charge of the shop, at that time could not produce any ..... magistrate, 3rd court, calcutta, in a proceeding initiated under section 135 of the customs act, 1962 and section 85 of the gold (control) act, 1968.2. shortly stated the facts are that acting on an information, the customs officers raided the shop under the occupation and control of the opposite party no. 1, madan dey at 36, nalini seth road, calcutta ..... was filed by sri a. m. sinha, assistant collector of customs in the court of the chief presidency magistrate and charge under section 135(b) of the customs act, 1962 was framed against the accused in that case. after trial, the magistrate acquitted the accused. in that case, the learned counsel for the accused contended that .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1984Cal371,88CWN971
..... the rights and at the same time is deemed to be under all the liabilities. it has also been held very categorically that under the state rent control acts the concept of the contractual tenancy has lost much of its significance and force.19. therefore, from a reading of the definition of 'tenant' in ..... contrary to the decision of the supreme court in the case of damadilal v. parasaran : air1976sc2229 . dealing with a parallel statute, namely, m. p. accommodation control act, 1961, and having regard to the parallel definition clause referred to hereinbefore, the supreme court observed : 'the definition makes a person continuing in possession after the ..... the estate he had in the premises in his occupation. construing the definition of 'tenant' in the madhya pradesh accommodation control act, 1961 (almost similar to the definition of tenant in the act), his lordship proceeds to observe that the difinition makes a person continuing in possession after determination of tenancy a tenant unless .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1997Cal386
..... evict the tenant on the ground of having created unlawful sub-tenacy within the meaning of section 1(2)(ii)(a) of the tamil nadu buildings (lease and rent control) act (18 of 1960). in the background ofthese facts, the supreme court held that by this long stay of the sub-tenant with the knowledge of the landlord for ..... the advantage of a law made solely for the benefit and protection of the individual in his individual capacity in the context of the statutory provision of the delhi rent control act, this court further held that the requirement as to the consent being in writing was in the public interest and that, therefore, there cannot be any question of ..... the original defendant by his admission that such surrender was coupled with the delivery of exclusive possession of a part of the tenancy over which the defendant lost all his control and as the defendant made out a case of joint tenancy, there was some sort of monetary transaction between the original defendant and the said dr. a. g. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal460,61CWN479
..... the municipality, and the slaughter house obtained the requisite certificate as provided for in section 4 of the west bengal animal slaughter control act 1950 (act xii of 1950). it is stated by the petitioner that the animals which were intended to be slaughtered used to be kept in a stockyard or place attached to the slaughter house, ..... municipality issued a notice, a copy whereof is annexure 'a' to the petition. that notice states that for the strict enforcement of the animal slaughter control act, 1950, it is ordered that all animals intended for slaughter should be produced for proper examination in the stockyard of jonab harun rashid and ahamadur rahman and no ..... for slaughter houses and clause 7 lays dawn that there shall be a quarantine pen maintained for the purposes of the slaughter house where animals which show signs of developing any disease communicable to human beings may be isolated for observation. these being the only provisions of law applicable to the question, the law seems .....
Tag this Judgment!Court : Kolkata
Reported in : 1990(49)ELT179(Cal)
..... this writ petition, confiscated the goods as the goods have been imported in contravention of clause (3) of import control order read with section 3(1) of the imports and exports control act. however, under section 125 of the customs act of 1962 the petitioner was given an option to pay a fine of aggregate amount of rs. 109.6 lacs ..... is pending before the tribunal at new delhi. the writ petitioners have preferred an appeal against the order dated 20th december, 1983 before the customs, excise and gold (control) appellate tribunal at new delhi and the said proceeding is pending and as such the present writ application is wholly misconceived and not maintainable.8. the petitioners have ..... by order no. 1/81 dated 3rd april, 1981. from and after 5th june, 1981 under the import policy for the year 1980-81 inedible beef tallow of animal origin, was covered by appended item no. 44 appendix-10 of import policy for the year 1980-81 enumerated a list of items the import of which was governed .....
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