Court : Kolkata
Reported in : (1991)1CALLT287(HC)
..... in such an order of injunction, but the courts in this country as well as in england have been following the english common law rule that a threatened action, if designed to affect the plaintiff his right claim in the suit, civil courts ought not to hesitate in the matter of grant of an order of injunction so as to maintain status quo on the basis that a substantial question is to be investigated though ultimately plaintiff may fail in its effort to bring home the charges levelled ..... in english law 'a' commits a tort if without lawful justification, he intentionally interferes with the contract between 'b' & 'c, (a) by pursuading 'b' to break his contract with 'c or (b) by some other act proposes only tortious in itself which prevents 'b' from performing its contract, (see winfield and jolowicz on tort). ..... , observed that though there must be some damage to support an action for infringement of the plaintiff's common right but it is enough to show that the act complained of was done in such a way as to be likely to damage the plaintiff the proof of specific damage be not given. ..... 1 and one shinwa kaiun kaisha limited, 'japan, to act as a principal agent in india of the foreign principal in regard to its business in india with authority to collect all freights and also to act as a principal agent in india in matters relating to taxation. ..... was incorporated under the provisions of the companies act, 1956 to take over the business of the partnership firm 'balailal mukherjee & co. .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)1CALLT383(HC),93CWN1125
..... and/or president may not necessarily bind the club;(f) members of such clubs are generally a floating body of local people;(g) it is pleaded that some of the members of the local public are aiding and abetting the acts and deeds perpetrated by the members of the club ;(h) the order impugned is rather cryptic and does not disclose as to how the nature and character of the suit will change if the proposed amendments are allowed ..... the plaintiff petitioner filed another application under order 1 rule 8 of the code of civil procedure praying, inter alia, for permission to plead the defendants to be represented by the members on the ground stated ..... the plaintiff petitioner filed an application under order 6 rule 17 read with section 115 of the code of civil procedure praying for amendment of the plaint on the ground mentioned therein. ..... for reasons stated above, i am of the opinion that the learned court below acted with material irregularity in the exercise of the jurisdiction vested in it by law and failed to exercise the jurisdiction vested in it by not allowing the applications ..... filing the plaint, the plaintiff/petitioner filed an application for temporary injunction under order 39 rules 1 and 2 of the code of civil procedure for restraining the defendants opposite parties no. ..... was further contended by the opposite parties that the petition under order 1 rule 8 of the code of civil procedure was a premature one.10. ..... is an application under section 115 of the code of civil procedure. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1992Cal44,(1991)1CALLT422(HC),1991(1)CHN229
..... coomi sorab, : [1990]1scr332 , the supreme court approved the view of a high court that once it is held that the plaintiff is entitled to protection under the second part of section 44 of the transfer of property act and the stranger-purchasers are liable to be restrained it would follow that even if the defendants have been put in possession or have come jointly to possess they can be kept out by injunction. ..... the plaintiffs in essence filed the suit under section 44 of the transfer of property act seeking to restrain the lessee from interfering with the possession of the plaintiffs. ..... it has further been observed in paragraphs 25 and 28 that denial of right of injunction under section 44 of the transfer of property act would cause irreparable injury to the other members of the family.8. ..... kamal krishna, : air1958cal614 , it was held that upon a transfer of an undivided share of a family dwelling house by a co-sharer the other co-sharer may maintain a suit for injunction restraining the stranger-transferee from exercising any act of joint possession in respect of the share transferred. ..... second para of section 44 of transfer of property act reads as follows:--'where the transferee of a share of dwelling house belonging to an undivided family is nota member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house ..... section 44 of the transfer of property act negatives his claim to possession before partition. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal141
..... behalf of the defendant next contended that consideration for this assignment was not proved and the policy being 'security' within the meaning of the pakistan foreign exchange act 1947 the assignment contravened section 13(b) of the pakistan foreign exchange regulation act which prohibits transfer of 'security' without general or special permission of the state bank of pakistan in favour of a person resident outside pakistan. ..... 2 all er 705 at page 707 which was referred to on behalf of the defendant, can be applied in india as section 5 of our act restricts payment to persons resident outside india but does not say where such payment is contemplated, in india or outside india. ..... no substance also in the defendant's contention that it is liable to be penalised by the pakistan government if payment is made in india, pakistan foreign exchange regulation act has no application to the facts of this case, where an indian corporation is called upon by as indian national to perform an indian contract. ..... it is said that the assignment of the policy in suit is in contravention of the pakistan foreign exchange regulation act as it is 'security' within the meaning of section 13 of the said act which prohibits (except with general or special permission of the state bank of pakistan) transfer of a security or creation of transier of any ..... er 286 and contends that where the performance-involved the contravention of foreign act, the performance cannot be enforced on the principle laid down in the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal870
..... this is an application under article 226 of the constitution for an appropriate writ for cancellation of certain notifications issued under the provision of the west bengal land development and planning act,' 1948 and for direction upon the opposite parties to forbear from taking possession of certain plots of land covered by the said notifications.2. ..... 463) and it is clear that the rehabilitation of refugees is an urgent matter and demands speedy acquisition of lands, the restriction put by section 7 of the act at once becomes a reasonable restriction and the provision becomes a valid provision under article 19(5) of the constitution.19. ..... point raised by the learned counsel for the petitioner is that the facts of the case indicate that there was no urgency for the government taking steps under section 7, west bengal land development & planning act and issuing a notice under section 6 read with section 7 of the said act and as such the notification published on 27-4-1950 under the said two sections of the act and all proceedings taken thereunder must bo held to be invalid. ..... thereafter, a notification purporting to be issued under section 6 read with section 7 of the said act was published in the calcutta gazette, dated 27-4-1950 declaring that the said plots covered by the notification under section 4 were needed for the settlement of immigrants and for creating better living conditions in the .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT450(HC)
..... in the event of disturbance of possession by a third party and not the owner, the plaintiff can maintain a possessory suit under the provisions of specific relief act in which title would be immaterial or a suit for possession within 12 years in which the question of title could be raised.'13. ..... since the suit was based on article 65 of the indian limitation act, 1963, in the absence of proof of title the plaintiffs suit should have been dismissed.5. ..... and unfortunately died in jail hajat on 9th agrahayan, 1370 b.s. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal424,55CWN101
..... have already dealt with the question of the ultra vires or otherwise of sections 21 & 22, west bengal security act in connection with civil rules 1348 to 1351 of 1950 & the reasons need not be restated again. ..... in this notice it is said :'that the governor is satisfied that the said under mentioned person is likely to do subversive act namely an act likely to endanger communal harmony that is harmony in jagatdal-area between bengalee hindus on the one hand and non-bengalees both hindus & moslems on the ..... 9-5-1950 an order for externment was served upon him under section 21 (1), west bengal security act, 1950, externing him from the districts of hooghly, howrah 24 parganas & the town of ..... for interpreting the word communal as in the west bengal security act, 1950, we have to bear in mind the sense in which the word is used not only in common parlance but in responsible quarters & in the legislatures ..... people following one particular religion is set against another of a different religion or if the harmony between the two different religious communities is endangered by any act of a person such act only will be included within the technical term 'subversive act' appearing in sub-clause (i) of clause (9) of section 2, west bengal security act.13. ..... that further the act alleged in the notice in question does not come within the definition of a subversive act as in section 2 (9) of the said act.5. ..... section 21, west bengal security act, 1950, has been contended to be ultra vires article .....
Tag this Judgment!Court : Kolkata
Reported in : 1990(49)ELT56(Cal)
..... the facts of the case giving rise to the filing of the writ application against the threatened orders of detention under the provisions of conservation of the foreign exchange and prevention of smuggling activities act, 1974 (for short cofeposa hereafter) do not constitute any warrant for interference of this court under article 226(2) of the constitution of india.2. ..... seizure of the said brown substance was made by the officers under the provisions of the customs act, 1962 and narcotic drugs and psychotropic substance act, 1988.4. ..... on december 30, 1987 a show cause notice was served on the petitioner under the provisions of the customs act, 1962. .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)3CALLT488(HC)
..... made by any person in the prescribed manner and on payment of the prescribed fees, issue for the purposes of a suit referred to in sub-section (1), relevant extracts from the return furnished by such person under this act or the wealth-tax act, 1957 (27 of 1957), or a certified copy of any notice given by such person under clause (c) of sub-section (1), within fourteen days from the date of receipt of the application therefore. ..... both the courts below on assessment of entire evidence on record came to the said findings and in view of the amended provisions of section 100 of the code of civil procedure the high court should not interfere with the decision of the courts below in so far as the benami aspect is concerned. mr. ..... below also did not scrutinize the judgment and decree passed by the learned trial judge as required under section 96 of the code of civil procedure and solely relied on the judgment and decree passed by the learned trial judge. ..... the rule of res judicata incorporated in section 11 of the code of civil procedure prohibits the court from trying an issue which 'has been directly and substantially in issue in a former suit between the same parties', and has been heard and finally ..... filed an application under order ix, rule 13, code of civil procedure seeking setting aside of the ex parte decree. ..... 41 rule 11 of the code of civil procedure on 11.1.1993 by the hon'ble division bench of this high court and the hon'ble division bench on that passed an order that this appeal .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal290,65CWN949
..... calcutta to rangoon, by a steamer of the defendant company and signed a bill of lading which contained the following clause:'carried and delivered subject to the conditions aftermentioned......the loss or damage for any act, neglect or default whatsoever of the pilot, master or mariners or other servants of the company, etcetra, excepted'.in landing the two cases one of them was entirely destroyed owing to the carelessness of the company's ..... reference with the following observation:'the defendants of course, are not subject to the provisions of the carriers act; and they have a right to impose upon shippers any terms, however unreasonable, which the latter think proper ..... opinion that a contract limiting such liability will be opposed to the public policy and void under section 23 of the contract act, as it will be against the interests of the mercantile community and not necessary in the interests of the shipowners. ..... prafulla kumar roy, learned advocate for the petitioner, contended that the carriers act, 1865, which does not deal with inland carriage by air and the indian carriage by air act, 1934, which only dealt with international carriage by air, being out of the way, the relationship between the contracting parties for carriage of goods by air must be governed by the common law as ..... moved the court below for a new trial under section 38 of the presidency small causes court act for having the judgment entered being set aside and a new and a different judgment being entered .....
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