Court : Kolkata
Reported in : (1962)IILLJ562Cal
..... of the past which has been closed by the general secretary and accepted by you also. i, therefore, do not understand why you raise issues relating to chapters agreed to by you as closed sod cite these as grounds for refusing cancellation of the suspension in clear violation of the directive contained in the demi-official ..... stated in letter ex. a. 55, already quoted. the trial court overruled the contention with the following observations:(a) in the central working committee meeting in december 1957, the question of illegality of election at barrackpore conference was taken up and defendant 2 was authorized to conduct enquiries and give he decision. after that, he made ..... hoc committee.' i think my request to you to cancel the letter of suspension immediately, you will now agree, is, therefore, a request to you. to act in accordance with the directive of the general secretary. ah other new points that you have now raised in your letter under reference including the handing over of accounts .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal116,67CWN361,[1962(5)FLR57]
..... servant under the state.'14. the view expressed by the patna high court on this point in subodh ranjan ghosh v. sindri fertilisers and chemicals ltd. : (1957)iillj686pat is also consistent with the view expressed by the calcutta high court in respect ofemployees of statutory corporations. observed ramaswami, c. j.:--(a) 'it appears ..... of 1866).'24. aforementioned corporation is therefore, an incorporated body and is an entity different from the state government.25. under chapter 4 of the aforementioned act, provisions have been made for creation of a separate capital and funds for the corporation and the corporation has been authorised to borrow ..... penalise the petitioner for misconduct not committed against itself. mr. hazra emphasised on section 47b(1)(c) of the road transport corporation (west bengal amendment) act 1959 and contended the corporation could continue suits and other legal proceedings instituted by or against the state government but not disciplinary proceedings. i do not .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal218,66CWN917
..... added as a party to the election petition. we do not read the specific sections of the representation of the people act on this point as leading to that result. section 82 of the act comes under chapter ii dealing with presentation of election petitions to election commission. the heading of section 82 is 'parties to the petition.' ..... indicates that the array of parties as provided by section 82 is not final and conclusive and that defects can be cured. provisions of sections 110, 115 and 116 of chapter iv of this part also support this view. section no provides the procedure for the withdrawal of a petition. * ** * * these provisions suggest that if any ..... civil procedure code to the trial of election petitions. the word 'trial' in section 90 of the act has been liberally construed by the supreme court in (s) : [1957]1scr370 . at pages 453 to 454 venkatarama ayyar, j. observed :'in our opinion, the provisions of chapter iii read as a whole, clearly show that 'trial' is used as meaning the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal225
..... with the bench decision in 48 cal wn 699: (aik 1944 cal 401), and referred the appeal to a full bench for a final decision, under rule 2 of chapter vii of the appellate side rules, by an appropriate order of reference dated february 6, 1953, formulating two questions of law for decision, as follows:--(1) whether the ..... wisdom and also as it expressly makes the order of the tribunal final : 1951 scr 145 : : [1951]2scr145 and lila-vati bai v. state of bombay : [1957]1scr721 but the observations in brij raj krishna's case : [1951]2scr145 are to a certain extent shaken by the observations made by their lordships of the supreme court in ..... did not repay the said sum and the plaintiffs continued to possess the lands as settled, on payment of rent only. after the passing of the bengal agrricultural debtors act (bengal act vii of 1936) the defendant moved the special debt settlement board at basirhat, claiming to get back the property, alleging that the patta and ekrarnama mentioned above, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal565,67CWN460
..... towns should be taken into consideration and adequate space should be provided for further development of the slaughter house and for locating around it various ancillary trades. in chapter v page 43 of the said report, that committee also recommended, amongst others, that systematic collection, efficient preservation and processing and full utilisation of all slaughter ..... public purpose under part vii as already indicated. see in this connection : [1955]1scr777 . in that case the question was whether the bombay land requisition act (bombay act xxxiii of 1958) was invalid inasmuch as the purpose of the requisition was not in express terms stated to be a public purpose. this court laid it ..... against a common or class injury done by a common order or orders. the aforesaid exception was noticed by subba rao, j. in re, gopalakrishna rao, air 1957 andh pra 88 and was also referred to in ganesh nayaks' case, 65 cal wn 908 (supra). in the instant case, the petitioners, although interested in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal310,67CWN232,[1963(6)FLR45]
..... council to remove names of chartered accountants for disabilities, particularly misconduct, including professional misconduct dealt with in chapter v of and in the first schedule to the act. 22. there are certain statutory regulations framed under the act, of which regulations 78and 79 are to the following effect :- '78. other function of chartered accountants ..... in the five cases decided by the supreme court on the meaning of the word 'industry', namely : [1953]4scr302 , baroda borough municipality v. its workmen, (s) : (1957)illj8sc , : (1960)illj251sc , corporation of city of nagpur v. its employees : (1960)illj523sc and ahmedabad 'textile industry' research association v. state of bombay : (1960)iillj720sc ..... material before it to be erroneous.'the same view was reiterated by the supreme-court in lila vati bai v. state of bombay, (s) : [1957]1scr721 . in the instant case, it was necessary for the industrial tribunal to determine first of all the jurisdictional fact as to whether a firm of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal131,67CWN772
..... and the council should suggest or indicate and recommendthe penalty or punishment, the types of which might be severe, moderate or lenient. barring the penalties provided in chapter vii of the act, the punishment might be also imposed by (a) removal of the name of the chartered accountant from the register, either for all time or for a limited ..... making this complaint against the accountant. the statement of account was signed by the auditor on the 30th june 1955 and the complaint was not made until 1st november, 1957. in the meantime, on the 1st january (957 the state had taken over the provident fund. probing further into this question ofdelay, it is apparent that the present ..... the 14th may 1954 and 30th june 1955, nothing seemed to happen for a long time until more than a year and a half when on the 1st november 1957 the present complaint was signed by kishorilal dutta, president of the union. this delay is significant. in the mean time, the state took over the provident fund under .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal94,(1965)ILLJ632Cal
..... agreement cannot be had. it is wholesome because it avoids protracted litigation which is against the spirit and the purpose of the act. it does not infringe section 17 of the workmen's compensation act occurring in a different chapter, namely chapter n of this statute dealing with workmen's compensation. an agreement to abide by the decision of the commissioner i. e., ..... on him, in batches of three of two men each. he was under constant watch night and day. on the very following day, that is, on the 10th february 1957, the log book entry reveals the following facts :7. the seaman was seen in the morning by the ship's surgeon and he suggested that while he would be confined ..... the facts on which the commissioner came to his conclusion.6. these are the clear facts established and proved in this case and are indisputable. on the 9th february 1957, the seaman tried to take his life and commit suicide. the log book entry shows that at breakfast he was seen crying and saying that he was going to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal354,67CWN1051
..... was, in effect, overruled by the later full bench case of that court in air 1935 mad 839 (supra). in the andhra pradesh case of seshamma v. venkayya, (s) air 1957 andh-pra 386 also, there was an expression, of opinion, -- though no more than an obiter dictum, -- somewhat similar to the said lahore view. on account of this acute ..... all 677 : 79 i. c. 1010, and sita ram singh v. cheddi singh, air 1924 all 798, the later andhra pradesh case, reported in sreerama sarma v. krishnavenamma, air 1957 andh-pra 434, and the very early full. bench decision of this court, reported in raja ram tewary v. luchmun pershad, 8 suth wr 15, do not really touch the ..... and to the relevant sub-section (1) of section 6 of theindian limitation act. these sections run as follows : section 3 of the indian majority act :'*** every minor of whose person or property, or both, a guardian, other than a guardian for a suit within the meaning of chapter xxxi of the code of civil procedure, has been or shall be appointed or .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal105,68CWN30
..... of payment to the landlord as contemplated in section 17 (i). 4. now the provisions for deposit of rent in the rent controller's office are contained in chapter iv of the act. section 21 (i) provides that it is only when the landlord does not accept any rent tendered by the tenant within the time referred to in section 4 ..... , 1956 these were deposited in court within one month. but together with it, the tenant did not deposit an amount equivalent to rent for september/october and october/november 1957, which amounts he had deposited with the rent controller after the writ of summons had been served upon him. sen j., held that this was quite in order because ..... tenant entered appearance and filed his written statement. he did not however deposit in the trial court an amount calculated at the rate of rent from november 1056 to may 1957 as he had already deposited the same with the controller. the learned judges banerjee and amaresh roy, jj. took the view that unless the writ of summons was .....
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