Court : Kolkata
Reported in : AIR1973Cal148,77CWN171
..... are not invalid or unconstitutional and it held accordingly. 53. the allied contention is that the impugned provisions are inconsistent with either provisions of the act itself. under section 4 the state government by notification may declare that all estates and rights of every intermediary in each such estate shall with effect from the date ..... burdwan and others. 59. the petitioners in this rule claim that that by a deed of family settlement their father settled lands with them on january 29, 1950 and the petitioners since then had been in possession of the respective lands settled with them enjoying the usufructs separately. this settlement was again confirmed by a registered ..... on june 23, 1955 while the date of vesting of intermediary interest therein provided was august 1, 1952 and all leases granted on or after june 1, 1950 were made subject to cancellation if found to have been granted for avoiding vesting. it was observed: '......the provision (for cancellation of lease) is not an .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1974Cal24,77CWN572
..... and more than were necessary in the interests of the general public.' the full bench case is in the context of section 18 (1) of the west bengal premises rent control (temporary provisions) act of 1950, set against the background of a political upheaval, and highlighted by a population explosion but the principle laid down therein provides ..... arguable points', but the ultimate point at issue in this case, viz. whether a retrospective effect, as sought to be given to the provisions of section 17-e of the act, is unreasonable and therefore violative of article 19 of the constitution of india, has received an imprimatur of judicial decisions and is accordingly answered in the ..... man'. the full bench heldthat the circumstances prevailing in west bengal at the relevant time were such as to make it quite reasonable to give section 18 (1) of the act a retrospective operation, as otherwise a large number of tenants would have been thrown on the street, giving rise to grave discontent and a consequent .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal264,1973CriLJ102
..... that the lands of khatian 65 were settled by the collector for thirty years thereby making it a temporary settled estate and the assessment of rent under the said act under sections 3 and 9 implies that the land was settled under a non-agricultural tenancy.8. mr. sen has contended that the suit land was settled with the ..... it and not by the agency of his tenants. the extension of babu ram roy's case to a converse case would thus directly infringe section 117 of the transfer of property act.'in this case the head lessee company purchased occupancy rights in small parcels from raiyats with the object of establishing a factory and thereafter took mokarari ..... landlord's holding. otherwise the result would be anomalous. as between the landlord and raiyat and under-raiyat the rights and obligations would be regulated by section 55 of the bengal tenancy act and it is difficult to suppose that the intention of the law is that as between the raiyat himself and the under-raiyat the relationship would .....
Tag this Judgment!Court : Kolkata
Reported in : 1973CriLJ1368
..... short compass. a complaint was filed by a food inspector of the corporation of calcutta before the learned senior municipal magistrate, calcutta under section 16(1)(a)(i) read with section 7(1) of the prevention of food adulteration act, 1954, against one kailash chandra agarwalla, the proprietor of kailash stores at 2-a deshapriya park road, calcutta and also one ..... to be worth over rs. 10,000/-, lying in the shop at the time. on enquiries he came to know about the case under section 16(1)(a)(i) of the prevention of food adulteration act, 1954 as having been started against the aforesaid kailash chandra agarwalla and another and he further came to know that when the said accused ..... r. easwaramurthi goundan v. the king-emperor, reported in 71 ind app 83 : (1944) 45 cri lj 721 (pc). lord wright delivering the judgment observed at page 91 that 'sections 62, 64 and 65 of the evidence act define the only evidence which the law permits in order to prove a warrant of arrest, and that is, under .....
Tag this Judgment!Court : Kolkata
Reported in : [1974]94ITR361(Cal)
..... trust deed dated 19th july, 1957, in holding that the maximum rate of tax could not be applied in this case on the 1st proviso to section 41(1), indian income-tax act, 1922. we must, however, observe that whatever we have said in this judgment are confined to the facts as prevailing in the relevant assessment years. ..... allowance which was payable to the settlor's wife should be separately assessed in the hands of the trustees as an amount specifically receivable by her under section 41 of the indian income-tax act, 1922, and should, therefore, be deducted from the total income receivable by the trustees from the trust estate. this aforesaid reference came up for ..... any definite share of the beneficiaries and, as such, he taxed the net income of the trust estate at the maximum rate under section 23(3) read with section 41 of the indian income-tax act, 1922.4. being aggrieved by the said order of the income-tax officer, the assessee filed appeals before the appellate assistant commissioner who .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal258,(1973)77CALLT367(HC),(1974)IILLJ106Cal
..... : [1959]1scr1236 that the award directing specific performance of contract of personal service involves & legal proposition which is clearly erroneous in view of section 21 (b) of the specific relief act. 1877,10. courts of law have, however, recognised exceptions to the principle of legal bar to specific enforcement of personal contract of service. ..... the government had no application as the instant dispute related to an individual workman outside the definition of industrial dispute, as provided in section 2(k) of the industrial disputes act, even assuming order 18 applies, no effect should be given to it as it was found that there was a breach of ..... mukherjee. : (1964)illj442sc . the termination was in breach of statutory obligation under an order framed by the central government under provisions of section 11(2) of the life insurance corporation act, 1956 and was set aside.11. mr. dutta. however, contended that these well recognised principles would be applicable when the employer is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1974Cal3,77CWN642
..... petitioners' case in brief is that since last general election in march 1972, a political party backed by police and antisocial elements had been preventing a section of workers of the company from joining their duties and earning their livelihood. there had been systematic cases of assault and torture on the workmen preventing them ..... their livelihood for compelling them to leave then service in the company while tbe police and local management were not taking any steps to prevent such illegal acts. in spite of representation and discussions at meeting heldby the district magistrate the police auhorities had taken no steps for ensuring the security of the workmen ..... the petitioners' movements so that they could attend to their duties. curiously enough, excepting stray and cursory allegations, there is no allegation that the said respondents acted in breach of their obligations under the law or under the court's order. in fact they have not been made parties to the contempt application. the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1974Cal231,78CWN154
..... of the letters patent was at all necessary. it was further contended that as the said cargo was delivered to southern railway administration, benefit under section 70 of the contract act was enjoyed not by the eastern railway administration but by the southern railway administration and so this court had no jurisdiction to try this suit. this ..... supervised all those works including the construction of that aerodrome. many witnesses have said that after its construction this aerodrome remained under the exclusive control of the indian army and, in our opinion, it must be so. they have said that it was a protected place and we cannot disregard their evidence in view of the ..... . they knew this part of the country very well. they had also the resources and many contractors used to work under them.13. in these circumstances, two army officers came down from delhi to calcutta and met two influential members of the association. those two membrs were sir .lames jones and mr. earnest james nicholls. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1975Cal69
..... been happily drawn up in the jabalpur suit. the board in the jabalpur suit has not claimed for damages under section 73 of the indian contract act. there is no doubt that the board was at liberty to abandon its own claim in their suit, but the ..... petitioner's suit was instituted earlier than the calcutta high court suit and the parties are the same. the legal principles underlying section 10 of the code of civil procedure are well established and it is not necessary to reiterate the large number of decisions on ..... contention of mr. das.14. mr. das has also referred to section 59 of the sale of goods act stating that his client's claim for damages is under section 59 of the sale of goods act whereas the board's claim was only for the refund of the price ..... for defective quality and short supply of goods. section 59 deals with the remedy for the breach of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1974Cal283
..... which is still under occupation of gopinath, but being out of possession of the remaining portion of this property, they cannot maintain this action under section 34 of, the specific relief act, 1963 on the principles laid down by the supreme court in the case of ram saran v. smt. ganga devi, reported in : air1972sc2685 ..... whose title isdenied by the defendant is out of possession and the defendant is in possession, the 'further relief (under section 42 of the specific relief act 1877 which corresponds to section 34 of the present act) would be recovery of possession and a suit for declaration of title will not be maintainable unless the plaintiff prayed for ..... been wrongfully occupied by gopinath in the year 1957. they have also pleaded adverse possession and limitation and disputed the maintainability of the suit under section 34 of the specific relief act, 1963.4. the learned munsif decreed the suit on august 31, 1967 on these findings. the suit properties were purchased by those three .....
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