Court : Kolkata
Reported in : 1968CriLJ248
..... confess that i am influenced in coming to the conclusions by these considerations.25. after a careful and anxious consideration of all the circumstances in the case and acting upon the apology and holding that mr. neogi had committed contempt of court, we have reached the decision that the dignity of this court would be sufficiently ..... 35 years and i cannot even think of disobeying any order of court. our profession demands implicit obedience to the orders of court and i have been scrupulously acting in accordance with the demands of my profession throughout my life. i have always taken pains to preserve the dignity of court.9. mr. neogi nevertheless submitted ..... absence of the formal writ of possession. it might be stated here that he ignored the following further specific direction in our said judgment:the new receiver would act under the direction of the learned subordinate judge, second court, alipore. pending the issuance of the formal writ in favour of the new receiver, which might .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal28
..... 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. section 110 of the said act is important and the relevant part thereof is set out below:--'110(1) if the proper officer has reason to believe that any goods are liable to ..... the notice that has been issued is so vague and uncertain that the appellanl had no reasonable opportunity of defending himself i have already set nut above section 124 of the said act. the notice is therefore a statutory notice and conditions laid down in ihe seclion must be strictly followed if it is necessary to inform a person ..... bt imposed upon him on the basis that the goods are smuggled goods in evidence thereof it is said that the appellant cannot satisfactorilydischarge the onus under section 123 of the said act by showing that the goods were not smuggled. he has given reference to the names of various dealers from whom he had purchased the watches many .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal322,72CWN144,(1968)ILLJ643Cal
..... are three shareholders, namely the president and his two nominees who are secretaries of two ministries. it is thus a 'government company', as defined under section 617 of the indian companies act. the petitioners were drivers employed under the durgapur steel project, a concern of the hindusthan steel limited, whose services were terminated and they made an application ..... not entitled to pierce the veil of corporate entity and to examine the reality beneath. the learned chief justice followed the well known english case, tamlin v. hannaford (1950) 1 k. b. 18 where it was held that an employee of the british transport commission was not a civil servant and its property was not crown property. ..... of the company.'8. at the present moment however, regard being had to the state of the authorities, i am of the opinion that, as pointed out in 1950 1 kb 18 (supra), the court was not entitled to pierce the veil of corporate entity and to examine the reality underneath. that in my view would be .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal12,73CWN522
..... saying that the defendant loses any rights under the contract of tenancy. all that section 38 of the contract act provides is that when a real offer of performance is refused by the promisee, the promisor is no longer responsible for non-performance and does not ..... and january to april, 1957 were made before the rent controller. in a recent judgment given by this bench we have decided that under the provisions of section 21 of the act of 1956 it is necessary to make a tender of rent on each occasion before a valid deposit with the rent controller can be made. the defendant's ..... plaintiff does not necessarily exonerate the defendant from his obligation to deposit the amount of rent with the rent controller in accordance with the provisions of sections 21 and 22 of the act of 1956. to say that without making such deposit the defendant cannot seek for protection from eviction on the ground of default is not tantamount to .....
Tag this Judgment!Court : Kolkata
Reported in : 71CWN897
..... be made in future in respect of the agreement. counsel for the appellant placed considerable emphasis on the provisions of the industrial disputes act and, in particular, section 18 of the industrial disputes act to assert the binding character of the agreement. i am of opinion that this question should also be left open. whether the ..... that the workers are creditors and if a workman is a creditor and he is not being represented at the meeting, it contravenes the provisions of section 391 of the companies act and therefore the scheme is bad. secondly, the agreement or the settlement dated 25th august, 1965, to which reference has been made was arrived ..... conciliation proceeding. the intrinsic evidence in the agreement shows that it is signed by the conciliation officer. reference may next be made to section 18 of the industrial disputes act which indicates that settlement arrived at by agreement between the employer and workmen in the course of conciliation proceeding shall be binding on the .....
Tag this Judgment!Court : Kolkata
Reported in : [1968]21STC169(Cal)
..... behar acceded to and became merged in the state of west bengal on and from the 1st of january, 1950. on the 7th december, 1950, the cooch behar (assimilation of state laws) act, 1950 (west bengal act lxiii of 1950) was passed. section 3 of the aforesaid act extented to cooch behar all laws which were in force in the state of west bengal before the appointed day ..... and from the 1st of january, 1951. it would also be necessary to set out the relevant provisions of the act as on the 1st of january, 1950. section 1(2) extends the act to the whole of west bengal. section 1(3) provides that the act shall come into force on such date as the state government may by notification in the official gazette appoint .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal32,72CWN384
..... state to another will bring the different states and the centre into the arena with rival economic contentions. we do not think, that is a situation contemplated by section 17 of the companies act.19. in orient paper mills ltd. v. state : air1957ori232 it was held by the orissa high court that where by a change of registered office of ..... the state and in particular. its revenue. latterly, a great deal has been said with regard to the right of the state to appear in an application under section 17 of the companies act and the grounds on which the state may oppose the application. in re. mackinon mack enzie and co. ltd.. (1967) 71 cal wn 340. a. n ..... affected by the alteration, but the statute does not confer upon the state as a prospective creditor, the right to oppose the proposed alterations.13. section 17(3)(a) of the companies act enjoins that before confirming the alteration, the court must be satisfied that sufficient notice has been given to every holder of the debentures of the company .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... 169. these powers and duties under cr. p. c. properly understood are in perfect harmony with the duties enjoined by section 23 of the police act, 1861, section 10a of calcutta police act, 1866 and section 4a of calcutta suburban police act. instead of being in conflict, they are complementary to each other. it is the particular fact of each case that ..... the offenders or to prevent the commission of the various cognizable offences mentioned above.214. reference was next made to clause (f) of sub-section (1) of section 4a of the said act which provided that it was the duty of every police officer to discharge such duties as were imposed upon him by any law for the time ..... us in the court. t shall conclude with the words of justice douglas in his tagore law lectures where he explained the matter succinctly'the judiciary has no army or police force to execute its mandates or compel obedience to its decrees. it has no control over the purst strings of government. those two historic sources of .....
Tag this Judgment!Court : Kolkata
Reported in : 1968CriLJ816
..... is vitiated because of a purported non-conformance to the mandatory provisions of section 7 of the telegraph wires (unlawful possession) act, 1950. section 7 of the said act lays down that no court shall take cognizance of any offence punishable under this act, save on complaint made by or under the authority of the central ..... , friday, july 22, 1955 (vol. cxvi no. 29 of 1955) showing that in exercise of the powers conferred by sub-section (1) of section 7 of the telegraph wires (unlawful possession) act, 1950, the central government duly empowered several officers as mentioned in the column below and that includes the circle inspector of police, kandi circle ..... an order dated the 3rd november, 1965, passed by shri s. niyogi, magistrate 1st class, kandi, convicting the present :petitioner under section 5 of the telegraph wires (unlawful possession) act, 1950 and sentencing him to suffer rigorous imprisonment for one year. the caroused lal bibi, who is the wife of the present petitioner, did .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal284,72CWN683
..... as to whether interest, costs and charges are at all payable. execution of certificates is dealt with in part iii of the said act. section 11 deals with the person who may execute a certificate. section 13 lays down that no step in execution of a certificate can ba taken until the period of thirty days has elapsed from the date ..... at various times had asked for stay of proceedings. the supreme court ultimately held that such sale transactions are not exempted from sales tax under section 5 (2) (iii) of the bengal finance (sales tax) act, 1941. thereupon, the appellant was called upon to pay the amount. on 23-10-1956, the appellant paid the said amount of rs ..... worth over rs. 10/- lacs to the government of india, it claimed that the transaction was exempted from sales-tax under the provisions of section 5 (2) (iii) of the bengal finance (sales tax) act. 1941. the assistant commercial tax officer overruled the contention and assessed the transaction to sales-tax amounting to rs. 47,802-8-3. .....
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