Court : Kolkata
Reported in : (1993)1CALLT342(HC)
..... to determine percentage of heroin in the sample it might be forwarded to the central revenue control laboratory, new delhi. the sample however, was not sent to that laboratory but since an offence punishable holder section 21 of the act for unauthorised possession of a manufactured drug like heroin does not depend upon the percentage of ..... heroin content the fact that the sample was not sent to the central revenue control laboratory, new delhi, is of no consequence. it is the evidence ..... of the assistant chemical examiner that heroin is nothing but diacetyl morphine which is an opium derivative according to the definition given in section 2(xvi) of the act. again an opium derivative is a manufactured .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(1)CHN498
..... within the jurisdiction of a particular court, the question would have been otherwise.13. the city civil court has been established under the city civil courts act, 1953. this act has prescribed the limit of jurisdiction in section 5. it prescribes its limits within the city of calcutta. the city of calcutta is defined in section ..... the receipt of the intimation/information as pleaded in paragraph 14 of the plaint.14. that apart, sub-section (2) of section 5 of the city civil courts act prescribes that subject to sub-sections (3) and (4), the city civil court shall have jurisdiction in respect of proceedings of the value mentioned therein. sub-section ..... try suits or proceedings specified in the first schedule. the first schedule in item no. 10 (i) precludes suits and proceedings under the indian companies act, 1913 or the banking companies act, 1949 or (ii) suits and proceedings relating to or arising out of constitution, incorporation, management or winding up of corporations. thus, a suit .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1990Cal13,93CWN1108
..... further held that the expression 'such certificate shall be conclusive evidence of the facts stated therein' occurring in s. 29b(2)(c) of the act being struck down the rent controller is to consider the certificate granted and find if there is a case of reasonable requirement in favour of the landlord and/or if any ground ..... original certificate is exhibited in one of the cases that will not warrant the finding of the additional rent controller being based on the copies of the certificates accepted in other cases.17. section 13(ff) of the act requires that the landlord, in order to avail of the benefit under the said sub-section, must ..... jus gazaga. by the end of the war by 1914-18 many countries had enacted provisions controlling rent and by 1950 some 150 constries had adopted such laws.6. the acts, basically passed through 13 distinct periods of initial development, full control, gradual decontrol etc. some phases were recycled depending upon the transient thoughts of particular political .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal81,64CWN788
..... the application has been given to all persons affected thereby (vide order xxi rule 92(2) proviso (code of civil procedure) and section 174a(2) proviso (bengal tenancy act), which latter provision, though expressly applying to applications under section 174(1), applies also, in our opinion, to applications under section 174(3) on a proper reading ..... be computed from the time when the fraud first became known to the person injuriously affected thereby ..... 7. we quote next the relevant sections of the bengal tenancy act, namely, section 174(3): where a tenure or holding has been sold for arrears of rent due thereon, the decree, holder, the judgment-debtor, or any person ..... statutory provisions. 2. the instant case, out of which this reference arises, was one for setting aside a sale under section 174(3) of the bengal tenancy act. the application under the section was filed by one of the judgment-debtors. the trial court found in favour of the applicant both on the question of 'substantial .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1977Cal73
..... where a law does not provide for the transfer of the ownership or right of possession to any property to the state or to a corporation owned or controlled by the state it shall not be deemed to provide for the compulsory acquisition or requisitions of the property, notwithstanding that it deprives any person of his ..... for consideration of the issues before us. subsection (2a) was inserted with retrospective effect by section 7(a) of the west bengal estates acquisition act (2nd amendment) act, 1957 being west bengal act xxv of 1957. originally the power of the officer was limited to nine months, which was extended to six years. then that was extended ..... 1966 and saves any action taken pursuant to the said ordinance which had commenced from 1st of november 1966. thereafter, came the west bengal estates acquisition (amendment) act, 1969. the same was passed by the west bengal legislature and received the assent of the president which was published in the calcutta gazette extraordinary on the 3rd .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal409,68CWN669
..... conditions.the existing legal measures have not however been found adequate for this purpose. the calcutta municipal act or the bengal municipal act provides for licensing of khatals, but there is no control over milch animals maintained in unhygienic conditions for domestic milk supply. all such khatals are not also liceused at all. ..... 1scr491 (supra), a legislation introduced in the interests of public health, stopping trade in goods which were deleterious to public health like the trade in diseased potatoes are not necessarily in violation of the freedom of trade and commerce conferred by the constitution. if that were so, almost any legislation for ..... unsatisfactory and unhygienic conditions, often in ill constructed cattle sheds popularly known as khatals, maintained in insanitary conditions, where flies and germs of different diseases breed freely, the khatals create serious problems of public health.because of dearth of space in the city of calcutta, the khatals are often located .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... is no protection. a mass picket surrounded the business premises during a strike and the accused has prevented employees from entering the plant and had counselled or procured pickets acting under their control or authority. this be-setting was found unlawful. r. v. doherty and stewart 2 cr 293 (canadian see 'labour relations in canada' crysler pp. 30). ..... law. the expression 'life', used in the article means, as stated by field. j in munn v. illinois (1876) 94 us 113:'something more than mere animal existence the inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. the provision equally prohibits the mutilation of the body by the amputation ..... home and an intrusion into his personal security and his right to sleep which is the normal comfort and a dire necessity for human existence even as an animal? it might not be inappropriate to refer here to the words of the preamble to the constitution that it is designed to 'assure the dignity of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1993Cal215,97CWN142
..... communication corridors.7.social factorsloss of primary sector livelihood (fisheries,farming, etc.). increasing tertiary sector problems. control by landspeculators to take over reclaimed land parcels at the cost of middle andlower economic classes.distance from core ..... .g., mining, deforestation or a highly effective health phenomenon in the form of predominance of an endemic disease or a typical socio-economic condition engulfing a large percentage of local population -- all exert profound influences of ..... and a host of other non-edible uses. wetlands are habitat, for endangered and rare species of birds and animals. wetland ecosystem is especially important for migratory birds and waders. they are habitats for different endemic, relict, regional ..... recharging acqui-fers and in reducing surface run off and consequent erosion. mangrove wetlands on india and bangladesh act as buffers against devasting stroms of the bay of bengal. wetlands also influence microclimate of a locality. besides .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)2CALLT468(HC),2008(3)CHN507
..... there is a sense of something amiss that the report conveys and the petitioner may yet be found to be a plagiarist afflicted by the copy-paste disease of the times. the commission was headed by a person more technically equipped to appreciate the substance of the theses and the subject matters that they proclaimed ..... arrive at the conclusion whether or not the delinquent has committed misconduct.17. while exercising jurisdiction under article 226 of the constitution the high court does not act as an appellate authority. its jurisdiction is circumscribed by limits of judicial review to correct errors of law or procedural errors leading to manifest injustice or violation ..... consistency in word and action imparts certainty and honesty to human affairs. if a person makes a representation to another, on the faith of which the latter acts to his prejudice, the former cannot resile from the representation made by him. he must make it good. this principle can have no application to representations .....
Tag this Judgment!Court : Kolkata
Reported in : 1999(113)ELT39(Cal)
..... to preparation of meat of fish or of crustaceans, mollucs or other aquatic invertebrates. chapter 23 deals with residue and waste from the food industries; prepared animal fodder. chapter 24 deals with tobacco and manufactured tobacco substitutes. section v refers to mineral products which includes salt.10. a bare perusal of the aforementioned ..... purview of definition of food article. in this connection it has been contended that under the said 'section', even food which is being consumed by the animals has been included. the learned counsel would urge that the question will have to be considered from a broader angle and, thus, whatever can be consumed ..... the text and context are different.27. the learned trial judge further committed an error in referring to the said act which was enacted for the purpose of making special efforts to regulate and control processed food in the country with one of the ultimate objects being the generating sufficient surplus thereby to earn foreign exchange .....
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