Judgment Search Results Home > Cases Phrase: delhi anatomy act 1953 Sorted by: old Court: kolkata Page 3 of about 3,223 results (0.048 seconds)

Mahammad Fateh Nasib Vs. Saradindu Mukherjee

Court : Kolkata

Reported in : AIR1936Cal221

..... under act 14 of 1882, following the case aforesaid, the same view was expressed in revji patel v. ..... under act 8 of 1859 it was held by pontifex, j. .....

Nitai Chandra Jana and ors. Vs. Emperor

Court : Kolkata

Reported in : AIR1937Cal433

..... sought to use the confessions of two accused persons not only against them, but against the rest of the accused, the learned chief justice proceeded:the warrant for this is to be found in section 30, evidence act, which provides that where more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons, is proved ..... nitai jana had already been arrested under the bengal criminal law amendment act on 26th april 1934 and had been sent to hijli detention camp as a ..... the agreement can be inferred from collateral acts but these acts must show a common plan so as to exclude a reasonable possibility of the acts of the conspirators having been done separately and connected only by coincidence: see emperor ..... the language of the section is guarded, and the history of this act leaves me in no doubt that this section was designedly framed in these ..... means that high government officers would have to be murdered and losses would have to be inflicted on the government by looting government money and other acts done which would make the position of the government insecure.20. ..... baidyabati, sheoraphuli, bhadreswar, calcutta and elsewhere for the furtherance of their objects, that they recruited members to the terrorist party, collected arms, ammunition and explosives, obtained money by committing dacoities, attempted to commit other acts of robbery, and planned to murder the district magistrate of chinsura. .....

Pyari Mohan Kundoo and anr. Vs. Bejoy Singh Chopra and ors.

Court : Kolkata

..... the application was for leave to appeal to the privy council, but since the recent legislation, act 1 [i] of 1948, the application must now be treated as an application for leave to appeal to the federal court.3. ..... the application could be presented together with an application for extension of time under section 5, limitation act and such could be done at any time after the expiration of the ninety days given for appeal. .....

Monoranjan Roy Vs. the Collector of Customs

Court : Kolkata

Reported in : AIR1953Cal753

..... sen that the petitioner has alternative remedy by way of appeal under the sea customs act and he has also a right of action under the general law and so he cannot be allowed to have recourse to the extraordinary writs of mandamus or certiorari. ..... it was also contended that section 133 of the sea customs act is a bar to these proceedings as the requisite notice was not served on the respondent. ..... alternative remedies are factors which are taken into consideration in the exercise of the court's discretion in the matter of issuing prerogative writs but i do not think that an appeal under the act would in the circumstances of this case have been an adequate remedy. ..... the petitioner has already filed an appeal under the act in respect of a previous consignment of similar goods on or about the 20th december 1949 but the same has not yet: been disposed of. ..... i find it difficult to hold that the customs authorities have acted in an arbitrary manner or have exceeded their jurisdiction.13. ..... unless the acts complained of ere outside the section and unless there is want or excess of jurisdiction the section operates as a bar.19. ..... 44 (4) and as the petitioner had not the necessary licence required for the import of such goods and the customs authorities purported to act under section 167 (8) of the sea customs act. ..... specific relief act for an order on the respondent to cancel or withdraw the order dated 7-8-1950 made by the respondent imposing a penalty of rs. .....

Sunil Chandra Roy and anr. Vs. the State

Court : Kolkata

Reported in : AIR1954Cal305,57CWN962

..... should say 'that a previous statement to the police can be used to contradict a witness, 'if duly proved' and at the came time refer, for the mode of contradiction, to section 145, evidence act which seems to place use for the purpose of contradiction before the proof of the statement the only way in which the two sections can perhaps be reconciled is by taking 'contradiction' under both the sections to mean ..... and if his clients too in fact have some misgivings about getting a fair trial at the hands of the judge, it is his clear duty and also one of the privileges of his profession to act with courage and candour and submit, with due respect, that the judge may be pleased not to try the case. ..... banerjee, really goes against it, because the indian section, while re-producing in sub-section (1) the provisions of section 3 of the english act which relates to the grounds of appeal, has not adopted the provisions of sections 4 and 5 which lay down in what manner ..... of an acquittal was not merely that the offence charged had not been proved by the evidence called but it established the innocence of the accused and the acts on which the charge was founded could not again be laid or proved against him for any purpose. ..... had been put to him by the learned judge.i feel bound to say, however, that the learned judge must have overlooked the clear provision in section 165, evidence act when he described the procedure of asking questions on matters arising out of questions by the court as 'novel'. .....

indu Bhusan Chatterjee Vs. the State

Court : Kolkata

Reported in : AIR1955Cal129,1955CriLJ1169

..... discussed the evidence and the points of law urged before him in detail and came to the conclusion that the charges under section 161, penal code, and section 5(2), read with section 5(1)(d) of act 2 of 1947 had been sufficiently proved against the appellant and he therefore convicted and sentenced the accused-appellant as described already. 5. ..... appearing for the appellant is that there was no proper sanction given under section 6 of act 2 of 1947 and therefore cognisance of the case was not properly taken by the learned ..... brahma asked doraiswami to meet him in calcutta on 10-5-1953 where he would contact other officers of the special police establishment of the calcutta section and take ..... the charge under section 5(2) taken with section 5(1)(d) of act 2 of 1947 is almost identical with the charge under section 161, penal code, and the same must be regarded as ..... convicted the appellant under section 5(2) read with section 5(1)(d) of act 2 of 1947 but passed no separate sentence thereunder. 2. ..... with claims that he was dealing with and on that occasion he was introduced to the appellant indu bhusan chatterjee who was then acting as assistant supervisor of claim cases of b.n. ..... -sheet was filed before this court oa 28-6-1953. ..... on 12-5-1953 at the indian coffee house where the parties ..... the permission of the chief presidency magistrate, calcutta, for taking congisance of the case and investigating the case, such special permission being required under the proviso to section 3 of act 2 of 1947. .....

Miss. E. Scott Vs. Residence Ltd.

Court : Kolkata

Reported in : AIR1956Cal606,60CWN746

..... by the tenant who sub-lets the premises according as the premises are sub-let in whole or in part and where because of the proviso to section 3 the tenant has no standard rent under this act the excess mentioned above shall be with reference to the rent payable by the tenant. ..... i can find no provision in the west bengal rent control act which even remotely suggests any intention of the legislature that judgments fixing a standard rent on the application of any particular individual should be binding against 'all ..... the provision in section 30 of the act that before exercising any other powers of the act, the rent controller shall cause a copy of a notice of his intention to do so to be affixed in a conspicuous place at his office and shall duly consider any application from any person haying interest in the premises does not, in ..... , however, to send the ease to a full bench for decision of this question, were it not for the fact that the decision in 'ahamuddin's case (a)', was as regards fixation of rent under the rent act of 1920 while the fixation of rent in the present case was under a different act, namely, west bengal premises rent control act of 1950. ..... section 41, evidence act mentions several of these judgments in these words:'a final judgment, order or decree of a competent court, in the exercise of probate, matrimonial or insolvency jurisdiction, which confers upon or takes away from any person any legal character ..... on 2-12-1953, the case was ..... was instituted on 25-9-1953. .....

Indian Molasses Co. Ltd. Vs. Commissioner of Income-tax, West Bengal

Court : Kolkata

Reported in : AIR1956Cal281,[1956]29ITR565(Cal)

..... as i have pointed out, their lordships of the judicial committee were considering the whole question under section 10 (2) (ix) of the act which corresponded to what is now section 10 (2)(xv) and their observations cover other points involved in the clause which are not within theambit of the present reference, but the case does lend support to the ..... 4 above constitute 'expenditure' within the meaning of that word in section 10 (2) (xv) income-tax act, 1922, in respect of which a claim for deduction can be made, subject to the other conditions mentioned in that clause being ..... iyengar referred us to various provisions of the income-tax act where he said it would be found that the act recognised premia paid on deferred annuities as admissible expenditure or regarded the possibility of return of premia in certain circumstances ..... will be the question as to whether section 10 (4) (c) of the act would bar the deduction claimed being allowed. 16. ..... claim was made under section 10(2)(xv), income-tax act, as it stood at the relevant time ..... quite unable to see how anyone could extract any argument in aid of the admissibility of the allowance claimed in the present case from the analogy of other provisions in the act containing specific directions. ..... illustration (b) of section 56, trusts act, obviously contemplates a case where a right to the annuity has arisen; and the same is obviously the position under section 174 which deals with the bequest of an annuity by will under which a present right .....

MafizuddIn Khan Choudhury Vs. HabibuddIn Sheikh and anr.

Court : Kolkata

Reported in : AIR1957Cal336

..... seetharamayya, 53mad 727: (air 1935 mad 440) (a), a full bench of the madras high court considered the earlier decisions as regards the implication of the prohibitions in the madras abkari act and the rules framed thereunder and came to the conclusion that where one of the partners had become the successful bidder at the auction of a toddy shop before the formation of the ..... was entered into before the license was granted or afterwards, in that it either involves a transfer of the license, which is prohibited under rule 27 and punishable under section 56, or a breach of section 15, abkari act, punishable under s, 55, because the unlicensed partner, by himself or through his agent, the other partner sells without a license. ..... stated in the judgments of the madras high court, in our view, the foundation of the decisions can be traced to the provisions contained not merely in the relevant sections of the act to which reference has been made, but more particularly to the provisions contained in rule 27 framed under the madras act, as indicated already, rule 27 definitely ruled out any sale, transfer or subvending of the right. ..... partnership is lawful at its inception, because it is not intended to infringe any provision of the contract act, it nevertheless becomes unlawful when it intends to conduct the business jointly on a license granted to one only ..... a provision as there was in rule 27 under the madras abkari act to which reference has been made the position might have been different. .....

Kanailal Mookerjee Vs. Kali Mohan Chatterjee

Court : Kolkata

Reported in : AIR1957Cal645,62CWN136

..... although it is true that equitable principles which the indian legislature wished to adopt in respect of tripartite agreements between a creditor, a debtor and a surety were embodied in the contract act and to that extent the contract act may be regarded to bs exhaustive; but the preamble of the contract act clearly showed that it was not intended to deal exhaustively with the whole branch of the law of contract but 'to define and amend certain parts of that law. ..... step in and prevent the surety from being liable particularly when the bonds similar to the one in dispute are only executed for the benefit of a plaintiff creditor and if he alters his position by his own act or conduct, the court should give the benefit of the principles on which the court should have ..... banerjee appearing on behalf of the appellant finally argued before us that the provisions of the indian contract act relating to the liabilities of a surety do not apply to a case where security bond is given to the court and not to a ..... : air1934all616 and held that these decisions are more in point and support the propositions that the principles underlying sections 133 to 141, contract act, apply to bonds in favour of courts although the sections may not be by them-selves applicable. ..... case even assuming that it cannot be said that the consent decree amounted to making a composition within the meaning of section 135 of the contract act, it surely amounts to giving time to the judgment-debtor to pay the sum decreed. mr. .....