Court : Kolkata
Reported in : AIR1937Cal619
..... is necessary to examine these cases in some detail. in mahammad niaz ahmed khan's case : air1929all615 , the suit was brought by the mortgagee to enforce his security by sale of the mortgaged premises. the defence that was raised was that subsequent to the mortgage, there was an oral agreement between the mortgagor and the mortgagee ..... a complete defence to the mortgage suit. the question was raised whether this subsequent oral agreement could be proved, in view of the provisions of section 92, evidence act. seshagiri aiyar, j. on whose judgment reliance is placed by mr. sen held that the agreement was not admissible in evidence. the material portion of his ..... been registered, the evidence relating to the said oral agreement, which is a subsequent agreement, would be inadmissible. the scope of para. 1 of section 92, evidence act, as well as of proviso (2) has been the subject matter of an exhaustive examination by my learned brother in the judgment pronounced in nagendra nandini dasi v. .....
Tag this Judgment!Court : Kolkata
Reported in : (1987)0CALLT1(HC),91CWN631
..... personnel liberty are not wholly denuded of their fundamental rights. in the larger interest of national security and military discipline parliament in its wisdom may restrict or abridge such rights in their application to the armed forces but this process should not be carried so far as to create a class of citizen not ..... of the convening officer in regard to the initiation of a court martial proceedings as against the petitioner.53. the second charge reads as follows :'an act prejudicial to good order and military discipline, in that he at panagarh while officer commanding military hospital, panagarh in properly and without authority permit no. 13920ck2 ..... construed ejusdem generis and would not include the offence of criminal conspiracy, much less criminal conspiracy entered into by persons not governed by the provisions of the act.'61. the petitioner has been charged as having caused ashok to wrongfully use a particular railway concession voucher, in my view, considering the true purport .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal346,55CWN297
..... ii [2] of 1949. that ordinance was replaced by the west bengal security act, 1950, which came into force on 31-3-1950 and section 40 of that act provided that any order issued under the ordinance which was in force immediately before the act came into force was to be deemed to be an order made or issued under the corresponding ..... whatsoever to make the order. the order was made whilst ordinance ii [2] of 1949 was in force which, as i have said, was superseded by the west bengal security act xix [19] of 1950. section 38 of this latter act having been declared ultra vires and invalid ordinance xiv [14] of 1950 was passed which was subsequently replaced ..... provision of the security act.6. on 21-8-1950 the petnr. obtained this rule and shortly afterwards this bench held that section 38, west bengal security act, was ultra vires the const. ind .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal785
..... i am of the same opinion. i agree entirely with the reasons given by my learned brother for holding that a secured creditor may enforce his security in the game manner as if section 16 of the provincial insolvency act had not at all been enacted and this is so even with regard to the question of parties to the suit ..... whether he could support the learned judge's judgment. the two points are these: first, that the appellants being secured creditors are in a privileged position under the provisions of section 16, clause (5) of the provincial insolvency act, and, secondly, that the circumstances do not disclose any ground for a judge of concurrent jurisdiction to reverse the ..... ground.4. now, the wording of section 16, clause (5) of the provincial insolvency act is very clear. it runs as follows: ' nothing in this section shall affect the power of any secured creditor to realize or otherwise deal with his security in the same manner as he would have been entitled to realize or deal with it if .....
Tag this Judgment!Court : Kolkata
Reported in : 86Ind.Cas.1042
..... i am of the same opinion. i agree entirely with the reasons given by my learned brother for holding that a secured creditor may enforce his security in the same manner as if section 16 of the provincial insolvency act had not at all been enacted and this is so even with regard to the question of parties to the suit ..... whether he could support the learned judge's judgment. the two points are these: first, that the appellants being secured creditors are in a privileged position under the provisions of section 16, clause (5) of the provincial insolvency act and, secondly, that the circumstances do not disclose any ground for a judge of concurrent jurisdiction to reverse the ..... first ground.4. now, the wording of section 16 clause (5) of the provincial insolvency act is very clear. it runs as follows: 'nothing in this section shall affect the power of any secured creditor to realize or otherwise deal with his security in the same manner as he would have been entitled to realize or deal with it .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2002)80ITD79(Kol.)
..... hereunder : "5. no individual (other than such members as are existing on record on the date these amendments will come into force on the approval of the central government under sub-section (5) of section 4 of the securities contracts (regulation) act and individuals who will be entitled to shares on sub-division of shares) or company or financial corporation shall be eligible ..... the existing company into a company under section 12 of the companies act, 1956 should be exercised within one year of corning into force of this article. (ii) such company undertakes to comply with such financial requirements and norms as may be specified by the securities and exchange board of india act, 1992 (15 of 1992). (iii) the directors of the company are not .....
Tag this Judgment!Court : Kolkata
Reported in : (1891)ILR18Cal188
..... respect of the properties in suit.4. we shall consider these points in the order in which they have been stated above.5. we do not think there is much force in the first contention of the appellants. to prove the fact of attachment, the plaintiffs have put in attested copies of prohibitory orders of the judge, dated the 3rd may ..... been neither written nor read by him, and he being able only to attest his signatures to those documents, he could not be allowed, under section 159 of the evidence act, to refresh his memory by referring to them. but whatever defect there may be in the evidence of the peon is fully cured by the statement of amirunnessa, the predecessor .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal181
..... in favour of jamini ballav by which the maliki and ijara rights of the mortgagors in an eight anna share of certain revenue paying properties were given as security for the money advanced. this document is ex. 2 in the suit. in these mortgaged properties the two defendants had proprietary right to the extent of ..... to the cases where the performance has already fallen due. the words 'dispense with' mean 'relax', 'give exemption from' 'render needless', 'do without', 'annul binding e force of.' the word 'remit' means 'pardon', 'refrain from exacting.' the use of the words 'dispense with or remit' makes the section comprehensive enough to cover all the cases ..... doctrines. on this they agree with the learned judges of the high court.20. mr. bose appearing for the respondent contends : (1) that section 63, contract act, is limited in its operation only to the cases where the performance has already fallen due and contemplates remission only of overdue performances; (2) that the section contemplates .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal382,[1968]67ITR254(Cal)
..... within the jurisdiction of thesurveyor, and if there is exception taken to theadditional first assessment which he has accordingly made, there is a clear right of appealunder the act and that right of appeal is atthis present moment being pursued by theapplicant in this case. i think, therefore, thatthe application for the writ of prohibition manifestly fails ..... was to refer the matter to the income-tax officer, for inquiry and report on certain points, as contemplated by section 31(2) of the said act, which runs as follows : 'the appellate assistant commissionermay, before disposing of any appeal, makesuch further inquiry as he thinks fit, or causefurther inquiry ..... , : [1956]29itr390(sc) the supreme court held that section 5(4) and section 5(1) respectively, of the taxation on income (investigation commission) act, 1947 became void on the commencement of the constitution as offending against article 14 of the constitution. the first-mentioned decision led to the insertion of sub-sections .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal512,70CWN520
..... like--reviewed in detail by my learned brother in his judgment just delivered. in so far as it is material for the point under discussion now, what these resolutions secured was (i) election of kedar nath bhagat, the third appellant before us, as one of the two new directors and (ii) authorizing him (kedar nath bhagat) ..... months afterwards at the instance of five shareholders disclosing differences of opinion between two directors, removal or exclusion of george elder and james glass from the board, forced retirement or dismissal of them from employment as secretary and factory manager and rejection of their offer to sell their shareholdings to the board. the judgment of lord ..... from office or be not re-elected. the judgment of roxburgh, j., as quoted in the judgment of the appeal court shows that 'the father has acted and acted consistently,.....on the footing that he can whenever he likes override any decision of the board, or regulate any matter of the company's business exactly as he .....
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