Court : Chennai
Reported in : AIR1950Mad243
..... made to a report in the hindu dated 4th august 1949 that his excellency the governor of madras contemplates to issue an ordinance with a view to remove certain defects in the madras maintenance of public order act, and that as no ordinance can be issued while the legislature is in session the madras assembly and council were prorogued with effect from 2nd august by a notification, and the deponent of the affidavit expressed ..... himself is empowered to make regulations for the peace and good government of any excluded area or of partially excluded area in a province, and by such regulations he is authorised even to repeal or amend any act of the dominion legislature or of the provincial legislature of any existing law applicable for the time being to the area in question but subject to the condition that such regulations are forthwith submitted to the governor ..... of the proviso by the provincial legislature was intra vires, and the notification issued by the provincial government on 11th march 1948, under that proviso was effective to extend the duration of the act for one more year, a fresh notification by the governor was necessary to bring the extended act into force in chhota nagpur, and in the absence of such notification the arrest and detention of the appellant must be ..... 'the validity of this provision was again questioned, and the calcutta high court held that it was invalid; but that decision was reversed by ..... received on 11th march 1947; but the assent was published in the port st. .....
Tag this Judgment!Court : Kolkata
Reported in : 1949CriLJ1
..... 8 which runs as follows:for the avoidance of doubt it is hereby declared that no order heretobefore made against any person under sub-section (1) of section 16 west bengal security act, 1948, shall be deemed to be invalid or shall be called in question on the ground that at the time of making the order the authority making it had no reasonable grounds.in substance the ..... these terms:for the avoidance of doubt it is hereby declared that no order heretofore made against any person under sub-section (1) of section 16, west bengal security act, 1948, shall be deemed to be invalid or shall be called in question on the ground that at the time of making the order the authority making it had no ..... originally enacted was in these terms:(1) the provincial government, if satisfied oh reasonable grounds, with respect to any particular person that with a view 'to preventing him from doing any subversive act it is necessary so to do, nay make an order-(a) directing that he be detained;(b) directing that, except in so far as he may be permitted by the provisions of the order, or by such authority or person as may be specified therein, he ..... of hiren mukherjee, it is stated that the latter is a master of arts of the universities of calcutta and oxford, a bachelor of literature of the university of oxford, a member of the english bar and ..... ports to amend s3.16 and 18 of the act and creates a new offence of harbouring a person who has been ordered to be detained and thus adding a new section to the act .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom205; (1950)52BOMLR688
..... which there was a house erected by a lessee of the plot, had been sold for payment of arrears of revenue; and before the removal of the house, the whole property was acquired under the land acquisition act, 1894, and the question that arose was whether the auction-purchaser or the person who put up the house was entitled to compensation in respect of the structures. ..... ' these words have been interpreted in cases that have arisen for determination in the english courts under section 557, merchant shipping act, 1894, which provides that if salvage services are rendered by any ship 'belonging to her majesty' no claim shall be allowed for any loss, damage, etc. ..... that being so, those premises are notexcluded from the operation of the bombayrents, hotel and lodging house rates control act, and this court has therefore no jurisdiction to entertain or try either of these suits.the result, therefore, will be that the suits willbe dismissed with costs. ..... madras cricket club : [1934]2itr209(mad) and of the calcutta high court, ballygunge bank ltd. ..... it is a matter of common knowledge that most of the properties in bombay are held under similar leases either from the trustees of the port of bombay, or from the city improvement trust, or from the bombay municipality or from the government; and if buildings put up under these circumstances were exempted from the operation of the rent act, most of the tenants in bombay to-day would be deprived of the protection of that act. ..... , calcutta v. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad439; [1950]18ITR849(Mad); (1950)2MLJ777
..... , determine the fair price at which the purchase or sale shall be taken into the accounts of the corporation,' and section 21 (a), which is the most important section was as follows : 'the income liable to taxation under this act of every person residing outside of saskatchewan, who derives income for services rendered in saskatchewan, otherwise than in the course of regular or continuous employment, for any person resident or carrying on business in saskatchewan, shall be the income so earned ..... india where the bulk of the goods manufactured by them in mysore was sold, the true measure of such profits being the price realised by the sales of their products in british india through their bombay and calcutta depots and agents less the cost of production, manufacture, transport and distribution of the goods whether incurred in mysore or in british india. ..... though the tax is levied in respect of the income of a person and the liability to tax is measured by the total income of a person computed in accordance with the provisions of the act, still it is the person to whom income accrues or arises or by whom it is received or to whom the income is deemed to arise or accrue or by whom it is deemed to be received that is assessed and made personally liable for payment of the tax.20 ..... a similar contention was also raised in in re port said salt association ltd. ..... 425 : (1948-16 i.t.r. ..... ) 1948 bom ..... 1948 bom ..... excess profits tax officer 1948-16 i. t. r. ..... 1948 bom ..... excess profits tax officer 1948-16 i. t. r. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1950Bom33
..... follows :'on the making of an order of adjudication, the property of the insolvent wherever situate shall vest in the official assignee and shall become divisible among his creditors, and thereafter, except as directed by this act, no creditor to whom the insolvent is indebted in respect of any debt provable in insolvency shall, during the pendency of the insolvency proceedings, have any remedy against the property of the insolvent in respect of ..... before the calcutta high court for a declaration that certain provisions of the income-tax act were ultra vires ..... 6,65,000 and several time-barred claims on promissory notes......on 24th november 1948, i was examined by the official assignee and i pointed out that it was possible for me to recover part of the time-barred ..... 1948, the collector of bombay issued a notice to the applicant under section 13, bombay city land revenue act, 1876, calling upon him to pay the amount of income-tax, and informed him that if this amount was not paid within 20 days from the date of the service of the notice, the collector would proceed to obtain payment of the same by attachment and sale of the applicant's properties or by the other remedies mentioned in section 13 of the act ..... on 10th november 1948, the applicant's nephew made an application ..... 26th august 1948, a creditor ..... on 3rd august 1948, the applicant was arrested and detained ..... on 17th may 1948, the collector attached two bank accounts of ..... 1948 ..... insolvent was passed by the high court on 30th august 1948. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal10,54CWN544
..... apply the rule hid down by lord esher : if the terms and conditions mentioned in the indent are set out in extenso into each of the later contracts of 12-1-1948 in their entirety, .and the two documents are read together then the arbitration clause becomes neither insensible nor repugnant to the other terms of the january contracts and therefore ..... 'in that case the action was brought by a shipowner against the consignees of goods named in the bill of lading for demurrage at the port of loading, and for damages for detention beyond the demurrage days; and in all the subsequent cases which have been referred to, the action was brought by the ..... i have said might, had the point been raised, have been able to establish to the satisfaction of the court below that this was a common form of arbitration clause amongst the commercial community in calcutta and had in that community a definite and certain meaning ..... were to deliver the goods to the buyers or their nominees as when released by the textile controller calcutta, and the buyers were bound to accept delivery accordingly. ..... and this indent shall be deemed to be a submission to arbitration within the meaning of the indian arbitration act, 1899 and/or any statutory modification thereof.in either event the surveyors, arbitrators or umpire shall have power to decide and award that the description of the goods tendered does not correspond ..... 1948 the respondents applied to this court for a stay of the suit under section 34, arbitration act .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal347
..... the deft, might very well have thought let me see what the result of the calcutta suit is before i file my suit & incur costs for recovery of my remuneration'. ..... and when he found that there was no possibility of the calcutta suit being heard within the period of three years from the date of the breach of the contract, he filed the suit in madras to save his claim being barred by limitation.11 ..... he submits that if the deft's suit were bona fide, he would have filed this suit in calcutta & would not have waited so long to file his suit. ..... broke the contract, if these issues are decided in the calcutta suit in favour of the deft, he gets a decree in the madras suit as a matter of course ..... 'see in this connection, 'commissioners for the port of calcutta v. ..... the contract of employment obviously was made in calcutta at the interview referred to in the letter dated 4-12-1944, from plff ..... has got to make arrangement from calcutta for the conduct of the suit in madras ..... as to his not filing the suit in calcutta it may well be that the procedure in the madras court would be more favourable to him & less expensive ..... he will have to send his man from calcutta to madras for the suit. ..... he points out that the calcutta suit was filed on 29-5-1945 ..... there are issues in the calcutta suit which do not arise in the madras suit, e. g ..... under section 54, specific relief act, a perpetual injunction is granted when it is necessary to prevent a multiplicity of judicial proceedings. ..... the madras suit was filed on 29-6-1948. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal377,54CWN225
..... -governor of bengal, with the previous sanction of the governor-general in council, is pleased hereby to authorise the high court of judicature at port william in bengal, throughout the territories subject to the lieutenant-governor of bengal, and all district judges as defined in the said act within the said territories, and such judicial officers as the said high court may from time to time appoint as district delegates, to ..... ghosh says that the concurrent jurisdiction which the high court has with the district judge under sub-section (1) of section 300, succession act, 1925, is restricted by sub-section (2) of that section.it is pointed out that the present case is one to which section 57 of the act does not apply, and accordingly the high court has no jurisdiction to entertain it in the absence of a notification in the official ..... said notification is at page 445, part i of the calcutta gazette of that date and is in terms as ..... .' these three sections of the probate and administration act correspond to sections 300(2), 264(1) and 300(1) of the present act respectively, like section 87, probate and administration act, the corresponding section 300(1), does not require that any portion of the property should be within the limits of the ordinary ..... was a 'just cause' within the meaning of section 263, succession act, and by his order dated 20th july 1948, he revoked the said grant. ..... on 7th may 1948, hiralal made an application for the revocation of the probate on the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal462
..... for the port of calcutta, his lordship held that where a pltf ..... after making enquiries for a long time, finally informs the consignor or consignee that the undelivered articles are not traceable, time under article 31, limitation act, runs from after a definite refusal or a declaration of inability to deliver the lost goods. ..... at the first blush, the language in which section 19, limitation act is expressed suggest that the acknowledgment must be an acknowledgment of the particular liability which is sought to be enforced by the suit, for example on the facts of the present case, acknowledgment of liability to pay compensation ..... the letter reads as follows:'dear sir,sub : calcutta burra bazar to jogbani p. w. b. ..... for carriage from calcutta to a station called jogbani ..... you please arrange to take delivery of the same at an early date ?if delivery is not taken or instructions received as to its disposal within 15 days from the date of this letter, the bundle will be disposed of tinder sections 55 & 56, railways act ix [9] of 1890 to defray the charges due to the rly. ..... it appears to me that a construction of a provision of the limitation act which involves that result ought not to be adopted if a more sensible construction is warranted by the language used ..... applying that principle to the facts of the present case, it appears to me that the letter of 12-3-1948, contains three admissions. ..... applicable was article 30, limitation act, under which the starting point was 'when the loss or injury .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal384
..... commissioner for the port of calcutta' : air1947cal98 , where there presumption of misconduct on the part of the railway authorities was made when no evidence was produced by them. ..... section 114, evidence act provides that the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct & public & private business, in their relation to ..... there being this burden on the railway administration, it necessarily followed that where the railway administration had not offered evidence an adverse inference could be made against them under section 114, evidence act. .....
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