Court : Kolkata
Reported in : AIR1964Cal102
..... of this court was ultimately made absolute and the companies have come up in appeal. 3. the provisions of sub-sections (1) and (2) of section 33-c contained in chapter vii of the act are as follows: '(1) where any money is due to a workman from an employer under a settlement or an award or under the provisions of ..... in until the dismissal of the appeal by the supreme court. according to the companies the petitioners newer offered to resume their duties prior to october 15, 1957 and were not entitled to do so by virtue of the orders for stay of operation of the award. this led to a difference between the parties as to the ..... and then to the supreme court. orders for stay of operation of the award obtained by them during the pendency of the appeals were ultimately vacated on october 15, 1957. according to the petitioners they had offered to resume their duties immediately after the publication of the award of the fifth industrial tribunal but the companies refuses to take them .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal241
..... 195o and filed in court. this allegation had been dealt with in the affidavit in reply affirmed by sohanlal ruia and iswari prosad ruia on the 18th day of may, 1957. the relevant paragraph is paragraph 7 which runs as follows: '7. with reference to paragraph 7 of the said affidavit we repeat what we stated in paragraph s of ..... a case technicalities should be avoided. 15. for the reasons aforesaid, i must hold that the appellant was duly served with notice under section 14(2) of the arbitration act, of the filing of the award and therefore, his application for setting aside the award was not within time and has been rightly dismissed by the court below. 16. ..... notice has to be served not less than eight clear days before the returnable date, in the manner provided for service of notice in chapter viii, so far as the same may be applicable. rule 26 of chapter viii lays down that 'except where otherwise provided by statute or prescribed by rules of this court, all notices, summonses, orders or .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal399,68CWN84,[1964]53ITR717(Cal)
..... the high court set aside the order of the commissioner of hills division and appeals who thereafter preferred, as stated above, civil appeal no. 670 of 1957 to the supreme court. before the supreme court it was argued on behalf of the commissioner of hills division and appeals that the several authorities indicated in ..... said petition under section 33a are quoted below:'3. that due to unavoidable circumstances, all the partners were out of calcutta for about three months from june 1957 and as such could not comply with notices under section 22(4) of the learned income-tax officer. 4. that the petitioner requested their authorised representative sri ..... answering the aforesaid three questions made a general survey of the various chapters and sections of the indian income-tax act as it then stood. with regard to the chapter containing section 33 of the income-tax act, as it then stood, their lordships observed as follows :'chapter 4, headed 'deductions and assessments' and consisting of ss. 18 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal290,68CWN410
..... trilokinath being the owner was alone entitled to maintain the suit. the learned judge in delivering the judgment refers with approval to the judgment of tambe, j., in air 1957 nag 31 though that decision was not strictly relevant in this case. the real point decided in this case was that a consignor's right to sue is based on ..... feel called upon to deal with the various other aspects of negligence discussed by the learned judge in his judgment.17. mallick, j. in his judgment of 4th april, 1957 does not deal with the question of damages. there was some amount of evidence on damages during the hearing. in view of the fact that his lordship had made a ..... of title with this peculiarity.'53. when the indian sale of goods act, 1930 was passed the whole of chapter vii the indian contract act comprising sections 76 to 103 was repealed by section 65 of the indian sale of goods act. section 2(4) of the indian sale of goods act defined 'document of title to goods' in the same language in which .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal517
..... which offence has reference.penalties8. if any goods, the importation or exportation of which is forthe time being prohibited or restricted by or under chapter iv of this act beimported into or exported from (india) contrary to such prohibition orrestriction18 & 10such goods shall be liable to confiscation; any person concernedin any such offence shell be ..... must be refused. reference may also be made to the observation of the supreme court in the case of lilavati bat v. state of bombay, (s) : [1957]1scr721 to the following effect:'in this connection the learned counsel for the petitioner also pressed in aid of his argument the well known distinction between the jurisdiction of a ..... also made to healey v. ministry of health, a decision reported in (1954) 2 all er 580; francis v. yiewsley and west drayton urban district council, (1957) 2 qb 136 at p. 148: (1957) 1 all er 825; pyx granite co. ltd. v. ministry of housing and local government, (1959) 3 wlr 346 (see the speech of simonds l. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal169
..... the intelligence branch was an appointment to the ordinary establishment and not an appointment to a police establishment within the meaning of section 2 of the police act and chapter x of the police regulations. the petitioner is governed by the service rules of west bengal applicable to the subordinate services; (d) the appointing authority ..... deputy inspector-general. the functions and the special duties allotted to this department are different from the general police administration and they are described in a separate chapter of the regulations. regulation 12 deals with the organisation of the district police force and reads as follows:-'12. the force allotted to each district is ..... the implications of the question raised, it is necessary that the salient facts of the case should he set out in further details. on january 11, 1957 the petitioner was appointed for the first time as a clerk in the office of the superintendent of police, malda. in 1958 there were certain vacancies in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal3
..... the other two categories of arbitration proceeding, namely, an arbitration without the intervention of the court under chapter ii or an arbitration under the supervision of the court under chapter iii, it was, therefore, totally outside the arbitration act. the reason why nobody until now has questioned the nature of a decision given by a judge ..... set out hereunder: 'it is recorded that all the parties consent to this testamentary suit as well as the partition suit being suit no. 1045 of 1957 and all the disputes involyed in these two matters be settled and referred to the sole arbitration of the hon'ble mr. justice mullick and the ..... became the pro-perties of the original plaintiff initially possessed under hindu women's right, subsequently in absolute title since the coming in force of the hindu succession act, 1956. on her death, the substituted plaintiff and the defendants have acquired rights therein in the following shares: plaintiff...1/2defendantno. 1. balai...1/60thdefendantno. .....
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 : AIR1965Cal389,(1966)IILLJ849Cal
..... subject to which recognition would be granted, that the petitioner union:'undertake to revise your constitution at the earliest opportunity in conformity with part 'c' of chapter xiii of the indian railway establishment code. .....',does, in the absence of any alternative explanation as to any different point on which the constitution submitted by ..... had been withheld. the fundamental right of association was thus vitally linked up with the government recognition.14. the reference on the kerala education bill, 1957, in re air 1958 sc 956 offers another instance, though in a different context, of circumstances in which the refusal or withdrawal of government recognition ..... has been afforded proper opportunity to meet the relevant charge. whether prompted by communal considerations or not, mr. ashraff had committed an ultra vires act to the injury of the petitioner union by cancelling one of the branches of the union shortly after its recognition and since then the relationship between .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal275
..... collector in taking possession and as such recourse could not be had to the provisions of section 41 of the land acquisition act. it is further stated that the two notices issued on the 21-6-1957 were not signed or issued by an officer specially appointed by the state government of west bengal to perform the functions of ..... as they are instituted in the original side or appellate side of this court. mr. chakravorty, the learned government pleader, has drawn the attention of the court to chapter ii rule 2, sub-rule (5) of the appellate side rules which empowers the registrar of the appellate side of this court to dispose of all matters relating to ..... the pendency of an appeal provided that such assignment, creation or devolution is not disputed. the learned government pleader has also invited the attention of the court to chapter v rule 25 of the appellate side rules which provides that an application supported by an affidavit shall be filed for an order for amendment of the memorandum of .....
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