Court : Kolkata
Reported in : AIR1966Cal23,[1966(12)FLR30]
..... society is a person, there cannot be any broad and general proposition that no writ lies against a person. the decision of the supreme court in sohonlal's case : [1957]1scr738 is a pointer, in my opinion, the particular facts of each case should be the basis. the veil, whether a corporate veil or the veil of the society, ..... school code were not made statutory. hence no writ lay. this is not the case here. it should be remembered that the supreme court observed, in sohanlal's case : [1957]1scr738 that even in a case of a private body, where there is a collusion, a writ lies. in the case of carlsbad minerals : air1952cal315 (supra) the application was ..... government has also sufficient control. it is the duty of the registrar to see that the provisions of the act and the rules and the by-laws are being strictly followed by the societies. by the whole of chapter xii in the act, particularly by sections 128 and 129 thereof, the power is given to the registrar to enforce performance of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal267,69CWN1025
..... has referred the matter to a full bench for its opinion the following point of law, under rule 3 of chapter vii of the appellate side rules of this court :-- ' whether, when an application under section 5 of the indian limitation act is rejected, the appellant can, in any circumstances, get refund of the court-fees, paid on the accompanying memorandum ..... , 1957 the application for review was rejected. on the 17th may, 1957 the defendant-appellant presented a fresh memorandum of appeal from the original decree dated 30th april 1956 upon payment of the full court-fees of rs. 2,100 ..... december, 1956 the matter was placed before a division bench consisting of lahiri and sen jj. who passed an order rejecting the memorandum of appeal. on the 3rd may, 1957 the defendant-appellant filed an application for review of the said order rejecting the memorandum of appeal. on the 10th may .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal512,70CWN520
..... under the section. the marginal note of section 210 is 'alternative remedy to winding up in case of oppression' whereas section 397 finds a place in chapter vi of the act headed 'prevention of oppression and mismanagement' and has the marginal note 'application to court for relief in cases of oppression'.31. before the introduction of ..... a manner oppressive to the petitioners.2. the sindri iron foundry (p) limited. the first respondent in the petition, was incorporated under the indian companies act, 1956 on or about september 10, 1957 as a private limited company. its registered office was then situate at no. 52/1, dr. abani dutt road, howrah. its authorised capital was ..... that 'that agreement was strictly speaking not binding even on the private company--it was much less binding on the public company when it came into existence in 1957. the agreement did not contain any specific provision as to future issue of capital. further, at the time when the agreement took place the appellant was .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal198
..... this court directing him to take possession and in implementation thereof the official liquidator in support of his argument also marshalls in support of his arguments, rule ha of chapter 17 of the original side rules which says:--'a decree-holder, praying for police help in execution of a decree, shall apply before a judge in chambers by petition ..... break open the lock in the present case36. the entire process of winding up of a company by the court is provided by part vii of the companies act and in particular by chapter ii thereof. the official liquidator, his powers, scope and functions are described in a series of sections from 448 to 463 in this ..... as 'must' or near 'must'.28. in this connection the report of the companies act amendment committee published by the government of india. new-delhi 1957 shows the origin of these sub-lections (1-a) and (j-b) of section 456 of thecompanies act this report in its paragraph 168 says:'it was represented by an official liquidator that considerable .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... the object of the conspiracy is a cognizable offence. it will be necessary to come back to it, while dealing with section 17 of the trade unions act 1928.chapter iii of the code deals with offences against public tranquillity. section 141 deals with unlawful assemblies. the relevant part is set out below:'141 unlawful assembly.--an ..... singh v. state of uttar pradesh : 1957crilj294 , dwarka nath tewari v. state of bihar, air 1959 sc 249. dr. naryan bhaskar khare v. election commission of india : [1957]1scr1081 and virendra v. state of punjab : [1958]1scr308 . these decisions have no application to the facts of this case.277. mr. s. k. acharyya, learned counsel for ..... this court under section 141 of the code of civil procedure. in support of this contention reliance was placed by him on the cases reported in : air1959mad137 , air 1957 andh pra 88, and : air1957mad616 . there is no substance in this contention of the learned advocate general. the power to issue writs had been conferred on the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal524,1968CriLJ1407
..... persons who may not have had anything to do with the actual import. so long as it is proved that the goods had been imported against the restrictions imposed under chapter iv the goods remain liable to confiscation whenever found even if this is long after the import is over and even if they are in possession of persons who had ..... offence itself engrafts an exception in this behalf. this proposition has been established by numer-ous decisions such as harding v. price, (1948) 1 all er 283: r. v. hallam, (1957) 1 all er 665; reynolds v. austin and sons, 1951) 1 all er 606: lim chin v. r, (1963) 1 all er 223 (229). this principle does not cease to ..... and exports (control) act, 1947, and under the same provision, a penalty of rs. 2,000 has been imposed on the petitioner.2. the petitioner is an employee of a firm named surjamani suresh chandra pal at shillong. the petitioner's case is that the disputed safety razor blades were purchased by him from calcutta in august, 1957 and sent from calcutta .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal221
..... interesting to note, however, that, even in these two full bench decisions, the view is, apparently, accepted that the collector, acting under chapter iii of the land acquisition act, starting with section 18, acts as a judicial officer and exercises judicial functions. indeed, in spite of some opinions to the contrary, the preponderance of judicial opinion ..... mr. mitter, appearing in support of these rules, has contended inter alia that the collector, whatever be his position under chapter ii, exercises judicial functions, while acting under chapter iii of the land acquisition act, starting with section 18, and, in dealing with an application for reference under the said section, he has to decide ..... our acceptance.14. mr. banerjee also relied on the earlier unreported decision of sinha, j., (as he then was), in civil revn. case no. 1925 of 1957 (cal) atul kumar bhadra v. state of west bengal, where, also, some observations were made that, unless the protest was embodied in the receipt, the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal342
..... for the purposes of this appeal and that provision is contained in section 46 of the act. section 46 of the act appears in chapter vi of the statute dealing with 'use of trade marks and registered users'. section 10 of the act deals particularly with the removal from register and imposition of limitations on ground ot non-use. ..... co. ltd., introduced into the market in india these medicinal preparations under the trade mark 'dristan'. from these facts the registrar came to the conclusion that since 1957 the respondent american company was making efforts to introduce the mark 'dristan' in india and that at the time when they applied for registration of the mark they ..... the united states and many other countries of the world. it appears from the affidavit of the vice-president of the respondent american company that some time in 1957 it was decided to introduce this trade mark in india. the facts on which the american company relies are (1) that these medicinal preparations under their trade .....
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 : (1970)IILLJ148Cal
..... i, therefore, grant this declaration in terms of prayer b of the plaint. this scale of pay will be operative against the defendants from the 1st october 1957 according to paragraph 2(a) of the note of the defendants' chairman on the reports of the jeejeebhoy committee and the second pay commission appearing as annexure a ..... for central government employees of comparable status.(c) mr. chaudhuri, the officer on special duty, made an interim report and a final report dated 5th july 1957 and 1st september 1957 respectively.(d) the government of india stated its conclusions on the important recommendations made by the officer on special duty. in doing so what they said was ..... part of the employer or employee to take recourse to the procedure prescribed by that act as the only procedure for determining the dispute.34. an examination of the industrial disputes act on this point of view reveals the different authorities under the act under chapter 2 of this statute as in sections 3, 4, 5, 6, 7a, 7b .....
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