Court : Kolkata
Decided on : Feb-28-1957
Reported in : AIR1957Cal702,61CWN694
..... requisition issued under the signature of the join secretary to the government of west bengal wasnot in order in the absence of delegation of power under section 19 of the act and so the certificate proceedings initiated on the strength of such a requisition were bad and without jurisdiction. it appears that in the present case ..... petitioner is to approach the central government for determination of the question whether the petitioner's factory is an infant factory within the meaning of section 16 of the act and the petitioner has no right to invoke the jurisdiction of article 226 of the constitution for determination of any such question which involves decision ..... from the operation of the act. i have already set out in extenso the provisions of section 16 in an earlier part of this judgment. 14. it is submitted by mr. dutt that the petitioner company obtained the certificate of incorporation on the 29th june 1950 and commenced business on the 31st july 1950. a particular registered number .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-06-1957
Reported in : AIR1957Cal638,61CWN726
..... on such authority. the chapter referred to is chapter iv of the motor vehicles act. section 47 of the act provides that in deciding whether to grant or refuse a stage carriage permit, a regional transport authority shall have regard to the matters specified in ..... . 18. it has also been argued by mr. majumdar that the petitioner having appealed from the order of the regional transport authority under section 64 of motor vehicles act and having courted an adverse order from the appellate authority cannot now proceed to attack the order of the regional transport authority in these proceedings ..... provisions of the statute and the regional transport authority has therefore no power to travel beyond the provisions of the motor vehicles act, 1939. reference is made to section 44 of the act to show that the regional transport authority is to exercise and discharge the powers and functions conferred by or under this chapter .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-18-1957
Reported in : AIR1958Cal125,62CWN123,[1958]9STC121(Cal)
..... therefore hold that rule 74 is valid under the statute.11. it was then argued that the existence of an alternative remedy by way of an appeal under section 20 of the act is no bar to the applicant seeking relief under article 226 of the constitution. this argument has been such an over-worked branch of indian constitutional jurisprudence that ..... and, therefore, did not avail of the interim order staying the realisation of tax granted by the rule. in the meantime the time to file an appeal under section 20 of the act expired on the 3rd january 1957, while the rule was pending.3. the order of assessment is challenged in para. 20 of the petition. the grounds are stated ..... stage the applicant made a petition dated the 29th november 1956, for a certified copy of the order of assessment with a view to file an appeal under section 20 of the act. it is now said that the statutory provision for appeal which the applicant wanted to avail is both illegal and ultra vires. between the demand on the 3rd .....
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