Court : Kolkata
Reported in : 1990CriLJ2012
..... like the standing counsel, even though they have the right and discretion to conduct their cases as they may deem fit free from government control, they are still holders of public offices holding civil posts in the government under the terms provided in the rules framed for them and not government servant in the ordinary signification of 'servants' and that there can be little doubt that a public ..... thing is certain, that even if a microscopic percentage of the allegations of torture is true, that will not certainly give any credit to any police officials, in a civilized country like ours and which is also known for appropriately following the rule of law.31-a. ..... while dealing with article 21 of the constitution of india, has observed that the under-trial prisoners should be provided with a fairly competent lawyer at the state expenses and on further consideration of section 56 of prisoners act (9 of 1984), has indicated that those prisoners cannot be kept in leg irons nor can they be asked to work outside jail walls. ..... 3749(w) of 1979, was issued which civil order was also disposed of by the said learned judge, according to the writ petitioner respondent, on the statements made by the additional advocate general, appearing on behalf of the state, that the state ..... 1 along with others to the city civil and sessions court, calcutta for trial under the sections as mentioned above.the case of the complainant as would appear from her complaint was that she was residing at 7, jowpur road, .....
Tag this Judgment!Court : Kolkata
Reported in : 54CWN394
..... report himself to the police in such manner a'd at such periods as may be so specified:(c) shall conduct himself in such manner or abstain from such acts as may be so specified;(d) shall reside or remain in any area so specified; (e) shall not enter, reside in, or remain in any area se specified;(f) shall be committed to custody in jail; and may at any time add to, amend, vary or rescind any order made under this section:provided that such order shall be reviewed by the ..... , there are reasonable grounds for believing that any person--(i) is or was at any time a member of an association of which the objects and methods include the commission of any offence included in schedule i or the doing of any act with a view to interfere by violence or threat of violence, with the administration of justice; or(ii) is being or was at any time instigated or controlled by a member of any such association with a view to the commission or doing of any ..... deduced is this: every citizen shall have the right of moving freely from any part of the territory of india to any other part of such territory, but any law already passed before the constitution act came into force, or to be passed by the legislatures established by the constitution may curtail that right provided the curtailment or restrictions it imposes on that right are reasonable and in the interests of the general public ..... if correct, may have the effect of giving the detenus valuable rights both under the criminal law and the civil law. .....
Tag this Judgment!Court : Kolkata
Reported in : 2002CriLJ1414
..... rank of a secretary to that government, specially empowered for the purposes of this section by that government, may, if satisfied, with respect to any person (including a foreigner), that with a view to preventing him from acting in any manner prejudicial to the conservation or augmentation of foreign exchange or with a view to preventing him from-(i) smuggling goods, or(ii) abetting the smuggling goods, or(iii) engaging in transporting or concealing or keeping smuggled ..... arisen within the territorial jurisdiction, this court will have the jurisdiction to entertain the writ application, cause of action, as is well known, although not defined in the civil procedure code must be held to mean the bundle of facts which are necessary to be proved by the petitioner to detain the relief sought for.12. ..... would, therefore, be relevant for the purpose of consideration as to whether his continuous detention in siliguri jail from 22-3-2000 on which date the impugned order of detention was served on him constitutes a part ..... statements made in the affidavit-in-opposition that apart from his continued detention in siliguri jail, the records have been placed before the advisory board and the order of detention ..... having regard to the fact that in the instant case the detenu is still detained in siliguri special jail which is within the jurisdiction of this court and in the event the said detention is held to be illegal, a writ of habeas corpus may have to be issued; pursuant whereto, the detenu .....
Tag this Judgment!Court : Kolkata
Reported in : [1971]81ITR353(Cal)
..... thereout the cost of performing the various worships, pujas and ceremonies set forth in schedule ' a ' hereto in the manner i have been accustomed to perform the same in my lifetime and such other additional acts of worship, puja, sradhs and ceremonies as my shebaits and trustees shall think necessary, also the cost of feeding the poor to the number of not less than three hundred daily at the discretion of the ..... officer was of the opinion, on the construction of the said will, that besides directions for spending amounts on charitable objects, the will had also provided for payment of certain fixed allowances to the acting shebaits as well as the widows of the deceased shebaits, maintenance of horse drawn carriages and motor cars for the use of the shebaits, medical aids to the shebaits and the members of their ..... pal then contended that in view of the language of the proviso to section 4(3) of the indian income-tax act, 1922, the surplus income to be exempted from taxation must actually enure or be applied for the benefit of the public and unless there is application of the income which satisfies the ..... pal submitted that the provisions which gave the trustees liberty to do such other additional acts of worship, puja and sradhs and ceremonies indicate that the trustees were entitled to spend more on the objects of ..... issued by the income-tax officer under section 22(2) of the indian income-tax act, 1922, returns of total income for the aforesaid assessment years showing 'nil' income .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1993Cal249
..... no suit shall be instituted against the board, or any trustee, or any officer or servant of the board, or any person acting under the direction of the board or of the chairman or of any officer or servant of the board, in respect of any act purporting to be done under this act or any rule made hereunder, unfil the expiration of one month next after written notice has been delivered or left at the board's office or the place of abode of such officer, servant or person, stating ..... in that view of the matter, i am of the view that section 156 of the calcutta improvement act has no application to the instant suit and no notice as required under the said section was necessary.11. ..... the division bench held that section 156 of the calcutta improvement act, 1911 was not of universal application and the said provisions applied to certain kind of suits not to all suits against the authorities mentioned in the said provision ..... it has been submitted by the learned counsel on behalf of the defendant that there was no notices under section 156 of the calcutta improvement act, 1911 and as such the suit is liable to be dismissed on that ground alone. ..... the plaint in this suit clearly shows that the cause of action as pleaded by the plaintiff is based under the contract act and/or the specific relief act and/or the general law of the land. ..... it was held that no notice would be necessary when the act of the corporation or the authority concerned is alleged to be ultra vires or dehors the particular statute .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal293,72CWN905
..... a(17), is there too, calling for detailed information about basudeb and stating that after the marriage registered under the special marriage act, he has to go in for a ceremony of marriage under the hindu rites, if only to maintain the show of a marriage for his prestige ..... having given that address before the marriage registrar, presumably in the notice of intended marriage under section 5 of the special marriage act, 1954, read with the second schedule thereto, where there are columns for specifying the address of the parties intending to marry. ..... notice is not at issue at the trial, presumably because, as rightly pointed out on behalf of the appellant again, of section 13, sub-section (2), of the special marriage act, 1954, by virtue of which the certificate of marriage we see before us, ext, (f), shall be deemed to be conclusive evidence of the fact that a marriage under this act has been solemnized and that all formalities respecting signatures of witnesses have been complied with. ..... must be struck down as void, so long as it is not found as a fact that it has been consented to within the meaning of the contract act, 9 of 1872, section 13 of which lays down that there must be consensus ad idem. ..... 26, 1963, with the respondent basudeb mukherjee, on the ground that her consent to the marriage was obtained by coercion and fraud, just the ground under section 25, clause (iii), of the special marriage act, 43 of 1954, fails before the learned chief judge, city civil court, calcutta.2. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal361
..... for refusing specific performance; but at the same time the principle is well-recognised that the jurisdiction to decree specific performance being discretionary (section 22 of the specific relief act) if there is delay or laches on the part of the plaintiff, which has induced the defendant to alter his position such delay or laches may be considered as a sufficient ground for ..... be alive in spite of the repudiation of this non-essential term, it must be held that the bose defendants at the time they took transfer of this property acted with the knowledge that there was an existing contract between the mullicks and the sadhukhans under which the mullicks were bound to grant lease of the property to the sadhukhans. 28. ..... gal wn 190: (air 1919 cal 837) considered that as a matter of law 'it is plain, in view of the provisions of section 110 of the transfer of property act that the intention of the parties must have been in the absence of indication to the contrary, that the lease would take effect from the date of the execution of the instrument.' 17. ..... fail to see why the parties who are presumed to know the law cannot be said to have contemplated that in view of the provisions of section 110 of the transfer of property act therewas no necessity of any express stipulation as to the date of the commencement of the lease unless of course they wanted to have a date of commencement different from the date ..... (1874 ..... hurd, (1874) 5 pc 221, in these words : 'now the doctrine of .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(1)CHN448,2004(28)PTC474(Cal),[2003]47SCL445(Cal)
..... under section 14 copyright is explained as meaning the exclusive right to '(i) reproduce the work (ii) to issue the copies of the work (iii) to perform the work in public or (iv) to make any adaptation of the work'.under section 2 of the act, an adaptation is explained to mean '(ii) in relation to a literary work, the conversion of the work into a dramatic work; and (v) in relation to any work, any use of such work involving its rearrangement or alteration'.under section 51 copyright in a ..... the latter case there is no violation of the copyright..in other words, in order to be actionable the copy must be a substantial and material one which at once leads to the conclusion that the defendant is guilty of an act of piracy.one of the surest and safest tests to determine whether or not there has been a violation of copyright is to see if the reader, spectator or viewer after having read or seen both the works is clearly of ..... , have to be read in full and the dicta have to be understood in their context, hardly anywhere is the dictum more important that judgments are not to be read or construed like acts of parliament but as expressions of opinion on cases before the court which are circumstanced by special events and special features.cases and materials on the law of copyright81. ..... it will either become too long for an act, seeking to encompass in it all the judicial pronouncements of value of all the civilized countries in the world in all the different cases, or it would be short, .....
Tag this Judgment!Court : Kolkata
Reported in : 1995CriLJ1551
..... our attention to the following observations of the apex court at paragraph 12 of the alka gadia's case, 1992 suppl (1) scc 496, 'where the satisfaction of the authority is subjective, the court intervenes when the authority has acted under the dictates of anybody or when the conclusion is arrived at by the application of a wrong test of mis-construction of a statute or it is not based on material which is of a rational probative value and relevant to the subject matter in respect of which ..... the reason for petitioner's request is that he wishes to challenge the veracity of the purported attestation by these witnesses and that the detaining authority has acted with non-application of mind in believing the attestation of persons who do not have father's name and addresses given on the paper relied upon by him ..... that if the original seizure memo was really not before the detaining authority, the order of detention must be vitiated on the ground of non-application of mind by the detaining authority as he would have acted upon a typed copy without caring to verify the existence and genuineness of the so-called original seizure memo. ..... the representation of the detenu on 19th may, 1993 sent through jail authorities is stated to have been received by the joint secretary, cofeposa, new delhi on 24th may, 1993 and the same was rejected on 21st june, 1993 ..... the detenu who is a citizen of india is a civil engineer employed in calcutta metropolitan development authority as an assistant engineer .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal598,1965CriLJ713
..... the illustration attached to the section shows that once a reasonable ground to believe that several persons have conspired to commit an offence exists, the acts and declarations of a particular person in reference to the common intention, are relevant facts although that person may not so much as even know of the existence of many others engaged in the conspiracy ..... state of maharashtra : [1963]3scr830 the supreme court considered the combined effect of sections 133 and 114 (illustration (b)) of the evidence act and observed that 'according to the former, which is a rule of law, an accomplice is competent to give evidence and according to the latter, which is a rule of practice, it is almost always unsafe ..... continued to be under police influence day after day and the mere fact that he was kept in jail custody for about two days would not be sufficient to wear away the police influence upon him. ..... 'in this connection it is also important to note that in order to render the other dacoits liable under section 396 for the act of one of their associates it is not necessary that murder should have been within the contemplation of ail or some of them when the dacoity was planned, nor is it necessary that they ..... the maxim 'res judicata pro veritate accipitur' is no less applicable to criminal than to civil proceedings and accordingly the prosecution was bound to accept the correctness of that verdict and was precluded from taking any step to challenge it at the retrial and the accused was .....
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