Court : Kolkata
Reported in : (1991)2CALLT138(HC)
..... conclusions of fact recorded by the lower appellate court, however, the said conclusion may appear to be to the high court because, however, gross or inexcusable error may seem to be, there is no jurisdiction under section 100 of the code of civil procedure to correct that error.12. ..... council has held that on considering the evidence that appeared that the amicable arrangement by which the parties were possessing the properties, was in pursuance of an amicable partition and a formal partition of the whole estate by a civil court was, therefore, barred.10. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal412,55CWN289
..... considered more practically from the point of view of english jurisprudence tort is an act or omission giving rise by virtue of the common law jurisdiction of the courts to suffer remedy which is not against ..... tort has been theoretically defined to be an unauthorised prejudicial interference by an act or omission of right in rem of another person, and the conduct which brings about the prejudicial interference is said to be tortuous (pollock on torts ..... to bring a proper action in the civil court for determination of the respective rights and for partition ..... then proceeds to cite a case decided by lord tottenham in which the lord chancellor said :'i consider this court has jurisdiction of injunction to protect property from an act threatened which if completed would give a right of action. ..... who complains, not that act an of actual violation, but that a threatened or intended act, if carried into effect will be violation of the right, must show that such will be the inevitable ..... can the threatened act be deemed to be an act of trespass the provisions contained in section 44, t. ..... this principle to the facts of the present case, it is not possible to describe the attempted act of the stranger transferee as being in the nature of a tortuous act. ..... guildford, (1874) 18 ..... section 4, partition act, gives under certain conditions the co-sharer member of a joint-family the option of buying out the interest of a transferee of an undivided share of a joint homestead at a valuation to be made by the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal208,63CWN147,(1959)ILLJ587Cal
..... appearing on behalf of the petitioners has taken the following points before me: (1) that the power to impose penalty for violation of the provisions of a scheme as given in section 9 of the act, and the provisions as to penalty as made by government in clause 70 of the scheme, constitute improper delegation, and the exercise of powers improperly delegated, and are therefore void under the constitution. ..... the secretary did not exercise the legislative power of declaring the penalty or fixing the punishment for grazing sheep without a permit, but the punishment is imposed by the act itself the offence is not against the secretary, but, as the indictment properly concludes, 'contrary to the laws of the united states and the peace and dignity thereof ..... in default of payment he was subject to the issue of a distress warrant and may also be committed to the common jail of the city of toronto, with or without hard labour for the period of 15 days unless the penalty was sooner paid ..... formulated the point is as follows: he argues that the power to declare any action as an offence, and to prescribe penalty for it, are purely legislative acts and therefore can only be done by the legislature within whose jurisdiction the matter falls. ..... holder of a retail license and as he had allowed billiard to be played within the prohibited period he was convicted and fined and it was further ordered that if he did not pay the fine, he should be committed to jail with hard labour until he paid the fine. .....
Tag this Judgment!Court : Kolkata
Reported in : (2002)2CALLT574(HC)
..... matter would have been different, if the proof of the allegations were dependant mostly on oral evidence, or it were an allegation based on transactions, acts or omissions unconnected with the discharge of duties and function of the employee relating to moral turpitude etc. ..... thus prohibits second trial of a person for the same offence as defined from separate and distinct offence, though arising out of the same set of acts or omissions constituting the ingredient distinct and separate from the offence involved in the first. 8.6. ..... in the said decision, it was held that pendency of civil or criminal proceeding before the court does not create a legal bar in taking of disciplinary action vested in the disciplinary ..... this is made clear from section 26 of the general clauses act, which provides where an act or omission constitutes and offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of these enactments, but shall not be liable to be punished twice for ..... thus, from section 26 of the general clauses act read with section 300(1) and (2) of the code, it is abundantly clear that the principle of double jeopardy is not attracted if one set of act or omission constitute separate and distinct offence either under one enactment or under ..... the superintendent, district jail, amritsar air 1950 sc 119; state of madhya pradesh ..... superintendent of jail, amritsar : 1958crilj260 ; assistant collector of customs, bombay and anr. v. .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN165
..... even if sachindra nath ghosh had collected rents on behalf of debi prasanna ghosh on certain occasions, it docs not show that either sachindra nath ghosh had acquired any right for such acts or that debi prasanna ghosh was inclined to sell the suit property to sachindra nath ghosh ..... ghosh had made certain structures outside the said 4 to 5 cottahs of land, inducted tenants and collected rents from alleged tenants at times unauthorisedly and illegally, such acts could not have conferred any right on the said sachindra nath ghosh ..... 1 sachindra nath ghosh, was that the agreement for sale, as aforesaid, was acted upon by the parties and accordingly debi prasanna ghosh delivered possession of the suit property to sachindra nath ghosh, sachindra nath ghosh made construction thereon and also inducted ..... according to the said learned advocate the aforesaid agreement for sale was acted upon, possession of the property in dispute was delivered to sachindra nath ghosh by the said debi prasanna ghosh and that sachindra nath ghosh accordingly made constructions ..... 1 submitted that the said agreement for sale was acted upon by the parties and according to him the said agreement for sale was proved in accordance with law and as such the learned trial court was right in granting the ..... the .defendants' pleadings and in that event it would be open to the defendant to set up a defense of his choice and unless this is done the court cannot proceed to judgment under order 12 rule 6 of the code of civil procedure .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CALLT107(HC)
..... . misconduct has been defined in black's law dictionary, sixth edition at page 999 thus:a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behavior, wilful in character, improper or wrong behavior, its synonyms are misdemeanor, misdeed, misbehavior, delinquency, impropriety, mismanagement, offense, but ..... opinion that even if the appellant was not subject to the administrative control of the government when he was functioning as commissioner under the act and was not the servant of the government subject to its orders at the relevant time, his act or omission as commissioner could form the subject-matter, of disciplinary proceedings provided the act or omission would reflect upon his reputation for integrity or devotion to duty as a member of the service ..... was further contended that having regard to scope of rule 4 of all india services (discipline and appeal) rules, 1955, the act or omission of commissioner was such that appellant was not subject to the administrative control of the government and therefore, the disciplinary ..... the apex court while dealing with the case held that it was not a bona fide act of the member to allege anything after selection was over and same was nothing but ..... . in our opinion, it is, not necessary that a member of the service should have committed the alleged act or omission in the course of discharge of his duties as a servant of the government in order that it may form the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1980Cal249,(1980)2CompLJ146(Cal)
..... ' having been allowed, and necessary certificate of incorporation in the new name having been issued by the registrar of joint stock companies calcutta under section 23 of the companies act, 1956, it made an application before the executing court for amendment of the petition for execution by altering the banks name to the new name in which it had been incorporated. ..... on the selfsame day another application was filed on behalf of the judgment-debtor stating that he (the judgment-debtor) was in jail on political grounds and the decree-holder was giving out that he had recovered possession of the suit lands. ..... an application preferred by the decree-holder to the central government under section 21 of the indian companies act, 1956 for change of its name from 'mahalaxmi bank ltd. ..... in rejecting the said contention a division bench of this court held that the civil p. c. ..... roy choudhuri firstly referred to rule 11 (2) and 17 of order 21 of the civil p. c. ..... ) ghosh, on the contrary section 151 read with section 153 of the civil p. c. ..... ghosh, the learned advocate appearing for the decree-holders/respondents, on the other hand, contended that there was no provision in the civil p. ..... the second application was under section 47 read with section 151 of the civil p. c. ..... this second miscellaneous appeal stems from a proceeding under section 47 of the civil p. c.2. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal359
..... similarly under explanation 4 of section 59 of the succession act no person can make a will while he is in such a state of mind whether arising from intoxication or from illness or from any other cause that he does not know what he is doing. ..... some idea of what this sound disposing mind in testamentary law is, can be gathered from section 59 of the succession act and the statutory explanations thereunder. ..... it was held there that such compromise could not be regarded as lawful within the meaning of order 23, rule 3 of the code of civil procedure. ..... in explanation 2 of section 59 of the succession act it is expressly stated that persons who are deaf or dumb or blind are not thereby incapacitated for making a will if they are able to know what they do by it. ..... on this medical evidence of eminent doctors, whose evidence we find no reason to reject, we are bound to hold that the testator had, in spite of his many illnesses, a sound mind within the meaning of section 59 of the succession act to execute his will. ..... nature of his property or the persons who are kindred to him or in whose favour it would be proper that he should make his will, will not be enough proof of a sound mind within the meaning of section 59 of the succession act. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1986Cal393,90CWN873
..... baboo radhey singh, ((1874) 21 suth wr 269 at p. ..... as is obvious from the definition of 'mesne profits' in section 2(12) of the civil p. c. .....
Tag this Judgment!Court : Kolkata
Reported in : (1997)1CALLT202(HC)
..... the supreme court in that decision observes that where, on its revisional jurisdiction being invoked against the order of the appellate court under the bombay rents, hotel and lodging house rates control act, 1947, the high court dismisses the revision, after hearing both the parties, the order of the appellate court becomes merged with the order made in revision, and, thereafter, the appellate order ..... 1 of 1993 was challenged in revision under section 115a before the court of the leaned additional district judge, 8th court, alipore in civil revision no 177 of 1994 and the learned additional district judge found that the suit has abated as a whole and he, accordingly, set aside the order of the learned additional munsif by his ..... went back to the trial court and the plaintiffs again filed an application under order 21 rule 9 of the code of civil procedure supported by an affidavit praying for setting aside the order of abatement and also prayed for substitution. 7. ..... thereafter the plaintiff-appellant opposite party filed an application under order 22 rule 9 of the code of civil procedure for substitution after setting aside abatement along with an application for condonation of delay which was allowed by the learned additional district judge and the said order was challenged ..... power--depending upon the language of the provision--might be wider than revisional power under section 151 (or 1157) of the code of civil procedure, yet a revisional court is not a second or first appeal. .....
Tag this Judgment!