Court : Kolkata
Reported in : (1987)ILLJ45Cal,[1987]65STC177(Cal)
..... section 2(2) as it stood prior to the enactment of the west bengal shops and establishment (amendment) act, 1981 defined 'commercial establishment' as advertisement, commission, forwarding or commercial agency, or a clerical department of a factory or of any industrial or commercial undertaking and an insurance company, joint stock company, bank, brokers' office or exchange and includes such other class or classes, concerns or undertakings as the state government, after taking into consideration the nature of their work, by notification, declare to be commercial establishments for the ..... the expression 'closed' has been defined under section 2(1) of the act means not open for the service of any customs or for any other purposes whatsoever relating to business.7. ..... subsequently the act of 1940, though amended in 1950 by act 64 of 1950, was repealed and the west bengal shops and establishment act was engrafted in the statute book in 1963 (act 13 of 1963), with a view to ameliorate the conditions of weaker sections of the society and providing the employees with some additional benefits in the context of changed circumstances. ..... peter and karunakar reported in air 1984 sc 1700. .....
Tag this Judgment!Court : Kolkata
Reported in : 48Ind.Cas.561
..... which in accordance with the oral gift and grant aforesaid are held and possessed as proprietors by mahomed ibrahim, mahomed solaiman and abdus samad, sons of the haji saheb aforesaid.schedule of trading and banking firms (1) a firm of arath (commission agency) for hide, the name of which firm is haji kader bux hazir bux situate in the town of calcutta, chinapara, damzens lane, no. ..... no doubt the issue as framed was 'is there a custom among the eraki community excluding females from inheritance', but the evidence on commission was taken upon the case as stated in the pleadings and before the framing of this issue and even at the trial mahomed ibrahim adhered to the case as set out in his ..... taken in court later on, it may be generally stated, seeks to establish that in no circumstances do females take by inheritance in the eraki community, while the evidence on commission seeks to support the case that females are excluded only to a limited extent as amongst the khojas and memons. ..... it cannot be shaped according to the rule of conduct of the court of common law before the judicature acts, but must follow that adopted by the courts of appeal in chancery, because before that court only could an appeal from a judge sitting without a jury have then ..... that he did not know at all what was in the document, bow is it that this document is in the form which it is, seeing that it was drawn up by budhraj who had been two years in service and is admitted to have been aware of both the hebas? .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal1,59Ind.Cas.143
..... section 2 explicitly lays down that every person shall be liable to punishment under the code and not otherwise for every act or omission contrary to the provisions thereof of which he shall be guilty within the territories vested in her majesty; these words repeal all former laws for the punishment of every offence which is made punishable by the indian penal code. ..... . the subsequent reports on the draft code by the indian law commission (cameron and eliott) on the 5th november 1846, and 24th june 1847 devote one entire chapter (chapter xxv, paragraphs 360-414) to the subject of ..... 85, or of any act of parliament passed after that statute in anywise affecting the east india company or the said territories or the inhabitants thereof; or any of the provisions or any act for punishing mutiny and desertion of officers and soldiers in the service of her majesty or of any special or local law.' mr ..... 559, when reasonable doubt is entertained as to the construction of a statute: the operation may, however, be easily carried too far, and may, in the case of codification of acts, lead to results which have been emphatically condemned in decisions of the highest authority; see, for instance the observations of lord herschell in bank of england v ..... we see no escape from the conclusion that, for reasons already assigned, the mode of interpretation adopted by the madras high court is opposed to the well-established canons of construction laid down by the house of lords in bank of england v .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1923Cal527,73Ind.Cas.482
..... regulation viii of 1805, which was repealed by act xix of 1873, and regulation xiv of 1805 which was repealed by act xii of 1876, contained similar provisions, and their application was extended by regulation xvii of 1806 which was repealed by act iv of 1882. ..... regulation xv of 1793, which was repealed by act viii of 1868, fixed the maximum rate of interest on money due at twelve percent, per annum subject to the reservation that interest would be decreed at a lower rate if so stipulated between the parties ..... we may add, however, that we did not feel impressed by the argument that section 55 of the bengal tenancy act was intended to abrogate the ordinary rule, recognised in a long line of cases such as cotton v. ..... next came act xxviii of 1855 which repealed the usury laws ..... it may be noted that the regulation does not contemplate service of notice upon the defaulter personally. ..... these provisions were reproduced in regulation xxxiv of 1803 which was repealed by act xv of 1874. ..... in parr's banking company v. ..... under section 21 of act x of 1859 (bengal rent act), interest was made payable on arrears of rent at 12 per cent ..... we must accordingly hold, in concurrence with the courts below, that there was no valid tender on the first occasion and the subsequent deposit under section 61 of the bengal tenancy act was equally ineffectual. ..... these were followed by act xxxii of 1839 which authorised the courts to allow interest, in certain specified cases, at a rate not exceeding the current rate of interest .....
Tag this Judgment!Court : Kolkata
Reported in : 82Ind.Cas.545
..... on behalf of the appellants that the fact that there were many transactions intervening between the dates of the three matters alleged as overt acts by the prosecution and that it was not proved that such transactions were fraudulent or dishonest was inconsistent with the existence of one ..... . with regard to what the two learned vakils have just urged, namely, for dealing with the accused billinghurst under the first offenders act or for further reduction of the sentence of the accused, we desire to say that we considered this matter fully and carefully before we delivered our judgment and we regret that we can ..... the period of one year from june 1918 to july 1919, of large sums of money, and to the importance and magnitude of the same in which the crown has engaged the services of the learned advocate-general of bengal from its very inception, it is desirable that the case should be tried by a jury.'7. ..... to secure orders owing to illness or any other unforeseen circumstances, this agreement becomes null and void, but you shall continue to receive your commission and excess prices on all repeat orders.yours faithfully,spalding & co.26. ..... . you are, no doubt, aware that the bank rate of interest has increased and our loss ..... . reference was made to waite's banking account which showed the payment into his account of various large 'sums of money, some of them in cash, the result being that there was an accretion of about a lakh of rupees ..... . bank interest is accruing on the amount .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal18
..... the petition of billinghurst, dated the 31st august 1921, para 38, stated as follows : 'that the charge against your petitioner is one of conspiracy to cheat and three overt acts are alleged in proof of that conspiracy (1) in case of an order for linseed oil your petitioner supplied short measure; (2) in case of turpentine the price charged was excessive and that your petitioner had not the quantity of ..... no broker in the ordinary sense could possibly be entitled to such remuneration : he received 1 per cent, commission, but over and above that commission he was allowed to receive the sum realized by the difference between the price quoted by spalding and co. ..... to cheat the government of india during the period of one year from june 1918 to july 1919, of large sums of money, and to the importance and magnitude of the same in which the crown has engaged the services of the learned advocate-general of bengal from its very inception, it is desirable that the case should be tried by a jury.'7. ..... you are, no doubt, aware that the bank rate of interest has increased, and our loss in this direction alone will be great.as regards your request to produce the correspondence in connection with this order, we shall be glad to comply with same if you will ..... reference was made to waite's banking account which showed the payment into his account of various large sums of money, some of them in cash, the result being that there was an accretion of about a lakh of rupees in the course of a year over .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1944Cal92
..... required in the premises and to do and perform all such matters and things in regard thereto as shall effectually assure or transfer the property, estate and interest therein of the bank.para. 30. and the bank hereby ratify and confirm and promises and agrees at all times to ratify and confirm all and whatsoever the said attorney shall lawfully do or cause to be done in ..... , the third the amount of the cheque presented, the fourth the amount of the debit balance if the cheque is paid; the fifth is for the initials of the accountant or bank manager who passes it, and the sixth column which is headed 'remarks' is used to state what the advance value of that particular customer is on that date and how the decision ..... may it is extremely doubtful whether mitter had any title to those securities and under those circumstances it is doubtful whether there was any real loss to the bank by their being returned in the way they were, because the circumstances of this case were such that amin in all probability knew that they were not ..... act under the power of attorney acted so dishonestly and in breach of his duty to his employers that he committed an offence against the criminal law, the power of attorney would not protect amin from the consequences of his crime since it was an implied and fundamental term of amin's contract of service with the bank that he should not ..... from his breaches of trust is immaterial as far as the commission of the offence under section 405, penal code, is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal285
..... suburban police act, 1866 (bengal act 2 of 1866) and section 57, calcutta police act, 1866 (bengal act 4 of 1866); (j) any offence under sections 6 and 7, eastern frontier bifles (bengal battalion) act, 1920 (bengal act 2 of 1920); (k) any offence under the goondas act, 1923 (bengal act 1 of 1923); (1) any offence under the presidency area (emergency) security act, 1926 (bengal act 3 of 1926); (m) any offence under the bengal smuggling of arms act, 1934 (bengal act 6 of 1934); (n) any offence under the essential services (maintenance ..... although the ordinary criminal courts at all material times since 8rd april 1942 have and still do function and although the criminal procedure code has not been repealed and although the substantive criminal law stands as it did before the ordinance, there are now two sets of courts, the ordinary criminal courts and the special criminal courts working side by side and no ..... that a magistrate can have no assistant nor deputy to execute any part of his employment because the right is personal to himself and a trust that he can no more delegate to another than a justice of the peace can transfer his commission to his clerk.96 ..... this means that the high court has original criminal jurisdiction over all persons in the area bounded by the circular road and the west bank of the river hooghly. .....
Tag this Judgment!Court : Kolkata
Reported in : [1947]15ITR9(Cal)
..... reference to the benefits derived from vivisection, are good charitable objects and fall within a well-established category are those object prevented from being good charitable objects by reason of the facts that the acts to the suppression of which they are directed produce benefits of a very high order to the human race and, indeed, to the animal kingdom itself it is, i think, the better view that gifts for the ..... is opposed to immunization of human beings against typhoid and diphtheria (case, paragraph 6).on the question of the extent to which cruelty or the infliction of pain or suffering is involved in experiments on animals, the matter stands as follows : the cruelty to animals act, 1876, was passed as a result of the report of the royal commission of the practice of subjecting live animals to experiments for scientific purposes, which was appointed in 1875 and reported in january, 1876. ..... object is still 'the total abolition of vivisection, including in that term all experiments on living animals, whether calculated to inflict pain or not, and, for that purpose, the repeal of the cruelty to animals act, 1876, and the substitution of a new enactment prohibiting vivisection altogether' (case, paragraph 20). ..... are, as a race, peculiarly solicitous for the welfare of animals, but, none the less, both the law and the practice of society recognise that animals may be used for the service and benefit of man, even at the expense of the infliction of the some suffering ..... provincial bank .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal55
..... bench held that a city, town or village at large might be taken to be a specified place within the meaning of sections 64 & 69, negotiable instruments act but presentment of the promissory note there would only be necessary or reasonably possible if the maker had a residence or place of business there or was found ..... that being so, it appears to me that no place is a specified place within the meaning of section 69, negotiable instruments act, unless the place is so described as to enable the holder of a note with reasonable certainty to go to that place & be able to find or search out the make or drawer of the note ..... 'later the learned judge observed :'i do not think that it was intended by proviso 3 (section 92, evidence act) to permit the terms of a written contract to be varied by a contemporaneous oral agreement, but having regard to the illustrations (b) & (j), i think the proper meaning of proviso 3 is that a contemporaneous oral agreement to the effect that a written contract ..... the learned judge pointed out that it was clear from section 46, negotiable instruments act, that as between parties to the note & any holder of the instrument other than a holder in due course, it could be shown that a negotiable instrument was delivered ..... however, if he makes a note payable at the imperial bank, strand road, calcutta, then such a note could not be presented at his business premises in ..... was agreed that for such services as well as previous services rendered to the firm of ..... commission .....
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