Court : Kolkata
Reported in : AIR1938Cal594
..... they now possess demands consider-able powers of adaptation and polishing, and i consider that the result is an original literary work within the meaning of section 1 of the copyright act, 1911. moreover even if the suggestion made by the defendant is correct that all that mahadeo has done is to take down the words as sung by ganga sahu, ..... they leave no doubt in my mind that i have to deal with a case of systematic and deli-berate piracy, in spite of the fact that sorothi ii contains chapters and materials not to be found in sorothi i.9. i hold it proved that defendant 2 was a party to the infringement complained of indeed i am by no ..... of evidence to show that either of these conditions is fulfilled and in these circumstances the question of passing off needs no further consideration. on the basis of infringement of copyright, the plaintiff is entitled to the following reliefs against both defendants : (1) the injunction asked for in para. (c) of the prayer to the plaint. (2) an order for .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal1,65CWN361,(1961)IILLJ312Cal
..... now been incorporated in article 311(2) so as to convert the protection into a constitutional safeguard'.the history of this transformation is, indeed, a glorious chapter in the evolution of the statutory protection and constitutional safeguard and it is of abiding interest and significance. it started in or about 1920, with prescribed ..... of the constitution, the high court is only a consultative authority. article 236 provides a dictionary for the meaning and interpretation of the two expressions used in this chapter vi, namely, 'district judge' and 'judicial service.' the expression 'district judge' includes inter alia an additional district judge, which the petitioner was. the government ..... , the enquiry is not open to attack on the ground that the procedure laid down in the evidence act for taking evidence was not strictly followed. vide the recent decision of this court in : [1957]1scr98 where this question is discussed'.59. applying those tests it is plain that the consideration of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal319,69CWN767
..... may usefully be made to the summary of the law as laid down on op-penheim's treatise on international law, 7th edition, edited by h. lauterpacht in chapter ii part ii article 115a 'the third consequence of state equality is that--according to the rule par in parem non habet imperium--no state can claim jurisdiction over ..... failure to do that very thing but the claim for damages for conversion of the 13 bars did not trench on the sovereign immunity of the governments. 107. (1957) 1957-1 qb 438 was another case where the claim of sovereign immunity by a corporate body was examined at length by the court of appeal in england. the ..... defendants from raising the question of immunity. moreover, there is nothing to show that the administrative officer divakara bickrarn rana of the administrator of the defendant corporation was acting with the knowledge and authority of his majesty the king of nepal or the ministry of transport and communication of the government of nepal in giving instructions for .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal287,1969CriLJ717,73CWN636
..... the court of sri h. p. das, magistrate, 1st class, diamond harbour. after investigation, a charge-sheet under section 10 of the gambling and the prize competitions act, 1957 was ultimately submitted by the officer-in-charge of the sagore police station against seven accused persons and on 15-5-67 when the accused no. 1, bhuban chandra barui ..... diamond harbour, 24-parga-nas discharging the accused in case no. g. r. 359 of 1967 under section 10 of the west bengal gambling and prize competitions act (act xxxii of 1957), 1957.2. the facts leading on to the preterit rule can be put in a short compass. a first information was lodged on 15-3-67 by the de ..... (as his lordship then was) observed at page 166 that'i hold that the high court should not ordinarily entertain petitions of revision like the present one under chapter xii, criminal p. c., unless the lower court has been moved in the first instance'.his lordship further proceeded to make some material observations which will be considered .....
Tag this Judgment!Court : Kolkata
Reported in : (1997)143CTR(Cal)342
..... s. 269ue :provided that if any liability for any tax or any other sum remaining payable under this act, the wt act, 1957 (27 of 1957), the gt act, 1958 (18 of 1958), the estate duty act, 1953 (34 of 1953), or the companies (profits) surtax act, 1964 (7 of 1964), by any person entitled to the consideration payable under s. 269uf, the ..... vacated by the tenants and give vacant possession to the purchaser within one year, in which the purchaser agreed to co-operate.in view of the provisions of chapter xx-c, it act, 1961, form no. 37-i was filed in respect of the aforesaid agreement on 26th december, 1994.form no. 37-i clearly stated that the vendors ..... that any encumbrance on the property or leasehold interest specified in the aforesaid agreement for transfer is so specified with a view to defeat the provisions of this chapter, it may, by order, declare such encumbrance or leasehold interest to be void and thereupon the aforesaid property shall vest in the central government free from such .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1982)1ITD857(Kol.)
..... the employees but remaining unpaid to the credit of the central government for more than 12 months, were not covered by section 2(m)(iii) of the wealth-tax act, 1957, and accordingly deductible in the computation of net wealth. the common ground taken by the revenue is that the learned aac erred in doing so.2. at the time ..... a case where any order of assessment or levy is passed. the purpose of sub-clause (hi) of section 2(m), as inserted by the finance act, 1959, with retrospective effect from 1-4-1957, is explained by the memorandum explaining the financial proposals as under : ordinarily, debts owing by the assessee have to be deducted in computing its net ..... deemed to be in default in making payment of tax deducted from the salaries payable to his employees. ah these provisions are under chapter xvii dealing with collection/recovery of tax. the tax deducted at source under section 192 of the income-tax act is not in consequence of an order passed under or in pursuance of the income-tax .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal20,65CWN1132
..... that the state medical faculty had received statutory recognition, and the power of conferring medical degrees or diplomas had been entrusted to this body by the indian medical degrees act (act 7 of 1916). it was held that a writ in the nature of mandamus would lie against such a body. the question is whether the managing committee of ..... calcutta contains the revised school code and also various other matters. the revised school code is contained in chapter i. chapter ii is a reproduction of chapter xxi of the regulations. in fact, it says so in the description appended to the chapter. chapter iii consists of extracts from circular letters and standing orders and so forth. we are not concerned ..... not a statutory provision of law. therefore, a writ in the nature of mandamus does not lie to enforce the same. in sohanlal v. union of india : [1957]1scr738 imam j., said as follows: 'normally, a writ of mandamus does not issue to or an order in the nature of mandamus is not made against a private .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)8ITD537(Kol.)
..... the declaration shall be accompanied by a return of net wealth for such year or years in the form prescribed under section 14 of the wealth-tax act, 1957(27 of 1957).the rule requires that the declaration in form 'c in an approprite case should be accompanied by a return of net wealth in the form prescribed ..... of section 189 of that act or of chapter v of the wealth-tax act relating to liability to assessment in special cases shall, so far as may ..... 1. section 16 of the 1976 act provided immunity to the declarant from penalty, prosecution, etc., under the customs act, 1962, and the gold (control) act, 1968, on fulfilment of certain conditions specified therein. 2. section 17 of the said act stipulated that 'the provisions of chapter xv of the income-tax act relating to liability in special cases and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1989)29ITD1(Kol.)
..... . the supreme court pointed out in that case that the amending power was sought to be exercised under the original section, namely, 35(7) of the wealth-tax act, 1957. to appreciate these observations, it may be necessary to refer briefly to the facts of that case. for the assessment year 1969-70, the assessee was assessed to ..... against that order or the prescribed period for appeal had expired. that order was continued to be liable to be rectified under section 35(7) of the wealth-tax act, 1957 within the four years' period of limitation. therefore, the order of rectification was valid. in other words, if the order sought to be rectified in this case ..... computed with reference to the income by way of such dividends as computed in accordance with the provisions of this act (before making any deduction under this chapter) and not with reference to the gross amount of such dividends.acting on the basis of section 80aa, the income-tax officer sought to rectify the assessments made for these two .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal89,100CWN357
..... by the parliament, the time must be a reasonable one. from an authoritatives exposition on legislative procedure by robert luce at page 561 there is a chapter when the law comes into effect. it has been said therein by summarising laws of all the countries that reasonable time should not be more than two ..... of constitutional amendment. 31. in support of the said contention, the petitioners have relied upon the judgment and., decision in the case of in re: kerala education bill, 1957 special reference 1 of 1955 reported in air 1958 sc 956. 32. therefore it has been argued that the two cases, one reported in : 1982crilj340 . and the ..... by peoples' union for civil liberty and thirteen public men of eminence praying for a mandate on the central government to implement the prasar bharati (broadcasting corpn.) act, 1990 forthwith without further delay.the petition was moved with notice to the central government, its officers, all recognised national political parties and their leaders. all .....
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