Court : Kolkata
Reported in : [2000]102CompCas81(Cal),(1999)2CompLJ72(Cal)
..... we may further note that the word 'court' occurs in sections 542 and 543 of the companies act whereby the court was given powers to grant compensation which is a civil relief but where the criminal offences under sections 539 to 544 of schedule xi were created, parliament in its wisdom did not use ..... kavindra narain sinha : air1936all830 , it is stated that there are only three ways by which the high court could try an offence under the act which are as follows :(i) the high court would have jurisdiction to try the accused only if the case was committed to the high court under section 194(1) of the code of ..... fish out evidence in order to assist one party and particularly if a trial on evidence is held it would be advantageous to a party also in the civil proceeding who had all along been present in court and, thus, isaware of the rival contention. ..... the parties had proceeded on the basis that the proceedings under section 397/398 of the companies act would be disposed of on affidavits and in that view of the matter, the question of starting the proceeding afresh upon conclusion of the argument ..... of the matter was required to be taken into consideration in view of the observations of the learned trial judge to the following' effect :'if the respondent does not go to jail, it might well be that he will be the purchaser of the shares of the oppressed group. ..... if the respondent goes to jail, ,it might well be that the respondent will also be compelled to dis-invest the shares held by him .....
Tag this Judgment!Court : Kolkata
Reported in : 1984CriLJ1033
..... 3 where he may be found within the local limits of the jurisdiction of this court and to convey him to the said jail where the said superintendent shall receive him and detain him in the civil prison to suffer simple imprisonment for a period, of three months from the date of apprehension. ..... i also reject the contention of the learned advocate for the respondent that the acts complained of are not contumacious as they were done in the belief that the same could be done, and the order merely prevented construction of works in respect of which status quo was directed to be maintained. ..... and thereby changing the status quo existing as on 23rd june, 1983, and it is ordered that a warrant do issue out of and under the seal of this court directed to the sheriff of calcutta and the superintendent, presidency jail commending the said sheriff to arrest the respondent no. ..... all parties including the sheriff, the petitioner, advocate on record to act on a signed copy of the minutes. ..... the apologies tendered on behalf of the respondent are thus of no avail as the same was done half-heartedly at the last moment, with the hope that the contemnors be excused of any acts of violation, if found guilty of the acts complained. ..... it seems that the trend of today is more to disregard the orders of court than to comply with the same with the belief that apologies tendered at the time of hearing will condone all acts of the contemnor. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal847
..... in this suit the plaintiff sudhangshu sekhar dey seeks to recover damages from the defendant haricharan ghose for his arrest on civil process on 27th july 1929 at 6 lyon's range in the office of the burma shell oil storage and distributing co. ..... these grounds are not verified' by the defendant, but by a man named santi pado bhattacharjeo who describes himself as the defendant's gomasta and was undoubtedly acting with the defendant's full authority in the matter.3. ..... small cause court for an order that a body warrant without notice should issue against the plaintiff and that he should be committed to jail. ..... not sought to challenge his statement that the small cause court like, most other courts, is in the practice, when a warrant of arrest is applied for, of issuing the preliminary notice to show cause contemplated by order 21, rule 37, civil p. c. .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)1CALLT503(HC)
..... it is settled law that when an order is capable of being interpreted in two ways and the parties having interpreted bonaflde in their own way act, they cannot be held to be guilty of committing contempt this view of mine is based on the principle laid down by a judgment of apex court reported in : [1961]1scr728 .11. ..... moreover, this act of contempt was committed on 12th august. ..... the order of status quo confined to holding of annual general meeting and election of delegates and this order of status quo did not extend to the subsequent stage following annual general meeting and election of delegates acted and proceeded. .....
Tag this Judgment!Court : Kolkata
Reported in : 1994(46)ECC106,1991(53)ELT543(Cal)
..... 'in hirday narains's case (supra), the supreme court observed as follows :'...if a statute invests a public officer with aurhority to do an act in a specified set of circumstances, it is impreative upon him to exercise his authority in a manner appropriate to the case when a party interested and having a right to apply moved in that behalf and circumstances for exercise of authority are shown to ..... all parties and the tribunal to act on a signed copy of the operative part of the judgment on the usual undertaking.
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR6Cal445
richard garth, c.j.1. in our opinion section 188 applies to orders made by public functionaries for public purposes, and not to an order made in a civil suit between party and party; so we think the magistrate was right in refusing to-act under the section.2. if the defendant in the suit has disobeyed the injunction, the judge ought, on the application of the plaintiff, to have sent him to jail for disobeying the court's order; that was the proper remedy.
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal35,1972CriLJ244,75CWN751
..... has its origin in the language used by judges or the law lords in england while explaining the nature of detention under regulation 14 (b) defence of realm consolidated act, 1914 passed at the outbreak of the first world war, and the same language was repeated in connection with the emergency regulations made during the last world war ..... non of the provisions incorporated in section 3 of the west bengal (prevention of violent activities) act, 1970 are '(a) acting in any manner prejudicial to the security of the state or the maintenance of public order; (b) such acts must be within the bounds of section 3 (2) (a) to (e); (c) the same must take place against the backdrop of violent activities, to prevent which the act came into force; and (d) the overriding consideration orthe state government for such detention being ..... writ and/or order and/or direction in the nature of habeas corpus on behalf of the detenue, sunil kumar samaddar, and is against the state of west bengal through the secretary, home department, superintendent hooghly jail, the assistant secretary, home (special) government of west bengal and the district magistrate, hooghly. 2. ..... burman's submissions would be to legislate and as francis beacon observed, in his 'essay on counsels, civil and moral: of judicature,' 'judges ought to remember that their office is judiciary, and not us dare; to interpret law and not to make law ..... at page 815 that 'the freedom of the individual is of utmost importance in any civilized society. .....
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 : AIR1982Cal440
..... any event there was no question of the arbitration proceedings being barred in this case because there was a stay and on this ground under apart from section 14 of the limitation act, the principle of which would be applicable to the proceedings in arbitration, no question of limitation would arise, it was, further, contended that in any event even up to the date of ..... essential to the agreement and (2) that even if the licence in question with which the judicial committee was involved was void under section 20 of the indian contract act, section 56 thereof was also applicable and therefore on that finding on the fact of the arbitrators with which the members of the judicial committee were concerned that ..... and liabilities of the parties aforesaid hereunder or any matter arising out of this agreement, shall be referred to arbitration in accordance with and subject to the provision of the indian arbitration act, 1940 or any statutory modification or re-enactment thereto for the time being in force and the venue of arbitration shall be madras or calcutta, and not elsewhere and the award or ..... arbitration proceedings initiated after a suit had been stayed under section 34 of the arbitration act, the section should be construed to mean that in computing the period of limitation in proceedings before an arbitrator the time during which the plaintiff had been prosecuting with due diligence another civil proceeding whether in a court of first instance or in a court of appeal against .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal893
..... one step towards the accomplishment of an unlawful object done with the intent or purpose of accomplishing it; a person taking that step with that intent or purpose and himself capable of doing every act on his part to accomplish that object, cannot protect himself from responsibility by showing that by reason of some fact unknown to him at the time of his criminal attempt it could be fully ..... physical impossibility, or did not fail, for some other cause, in completing his criminal purpose.the question in each case is whether the acts relied on constituting the attempt were done with intent to commit the complete offence, and as one or more of a series of acts or omissions directly forming some of the necessary steps towards completing that offence, but falling short of completion by the intervention of causes ..... provides as follows:whoever attempts to commit an offence punishable by this code with transportation or imprisonment, or to cause such an offence to be committed and in such attempt does any act towards the commission of the offence shall be punished etc.illustrations: (a) a makes an attempt to steal some jewels by breaking open a box, and finds after so opening the ..... but if a, with intent to hurt b by administering poison, prepares a glass for him and fills it with poison, but while a's back is turned, c who has observed a's act, pours away the poison and fills the glass with water, which a in ignorance of what c has done, administers to b, in my opinion a is guilty, and can .....
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