Court : Kolkata
Reported in : [2002(95)FLR1020],(2002)IILLJ1115Cal
..... sub-paras. (5) and (6) to the following effect 2001-ii-llj-1087 at p. 1132:'119. (5) on issuance of prohibition notification under section 10(1) of the clra act prohibiting employment of contract labour or otherwise, in an industrial dispute brought before it by any contract labour in regard to conditions of service, the ..... the union are in effect challenged and show that the contractor named salim was engaged in carrying certain underground level works like cutting stone drifts etc. the prohibition declared under notification no. 2063, dated june 21, 1988, of the central government-is applicable to such works. the materials placed by the union are ..... light of para. 6 hereunder. (6) if the contract is found to be genuine and prohibition notification under section 10(1) of the clra act in respect of the concerned establishment has been issued by the appropriate government, prohibiting employment of contract labour in any process, operation or other work of any establishment and where in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1940Cal232
..... (2) of section 41 shall be instituted by any person unless he has previous thereto obtained the sanction of the advocate-general.6. section 41 deals with prohibition of rebates. policy-holders are forbidden to accept any rebate unless it is allowed in accordance with the published prospectus of the insurer. in my judgment the ..... proceedings might be taken under section 141-a.5. we find it impossible to read into this sub-section any prohibition of private prosecutions. it is not merely that there are no words containing any such prohibition. the subject-matter of section 137 is an investigation rather than a prosecution. sub-section (6) is confined to ..... cases in which there are allegations of fraud and many prosecutions under the act would be entirely outside it. in matters however involving allegations of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal38,1968CriLJ40
..... be proved through the investigating police officer during cross-examination. the result has been complete disregard of the prohibition contained in sec. 162 cr.p.c, and also of the essential necessity of compliance with section 145 of the evidence act. by such lack of care some prejudicial matters have found its way in the record of evidence, though ..... raja para lane, from this evidence without taking into consideration evidence about any statement made by the accused which could be admis-.ible under section 27 of the evidence act. it is quite safe and reasonable to hold, as the jury have found to arrive at their verdict that the knife belonged to the accused and after the stabbing ..... not make any statement. that is not so.' in that state of evidence mr. bose argued that evidence which could be admissible under section 27 of the evidence act should properly have been by proof of the record of the statement made in writing under section 161 cr.p.c. but the prosecution has not led any evidence .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal32,1960CriLJ56,63CWN901
..... applied, for example, in a hypothetical case of extraction of blood to test its alcoholic contents in connection with a motoring offences or one against prohibition law may perhaps affect this broad generalisation not simply because of the question of infraction of human dignity involved therein but mainly because it will be ..... difficult to draw the line between positive volitional act and compelled testimony as between passivity and compulsion.10. the question before us is, can the accused be compelled to give specimen writings and signatures? ..... investigating officer to take the specimen writings and signatures of the petitioner should not beset aside. the petitioner is an accused in a caseunder the bengal excise act. the point involvedis whether the impugned order infringes the petitioner's fundamental right guaranteed under article20(3) of the constitution. 2. before we deal with .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal433a
..... the liquidator is in possession at all. he may be or may not be; but he claims that he is. it may also be that the prohibition in section 171, companies act, is not in question here because it is not a case of a legal proceeding against the company. the party to the proceeding is not the company ..... expensive litigation in regard to matters which are capable of determination more expeditiously and more cheaply in the winding up. it would hardly seem reasonable to suggest that a prohibition of that kind is meant to override an express enactment in section 145, criminal p.c., by which a magistrate, if satisfied that a dispute likely to cause ..... magistrate had no jurisdiction to draw up proceedings against the liquidator without first obtaining the permission of the high court. this argument is based on section 171, companies act, which provides that when a winding up order has been made no suit or other legal proceeding shall be proceeded with or commenced against a company except by leave .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1954Cal60,58CWN18
..... above principle was also applied in --'ram prosad narayan saha v. state of bihar', : [1953]4scr1129 (m) where it was held that the sathi lands (restoration) act, 1950 was discriminatory.64. mukherjea j. who delivered the leading judgment reaffirmed the principle enunciated in -- 'ameeroonnissa begum's case' (1) cited above. the learned judge after ..... of the matter.41. in -- 'biswanath khemka v. emperor' it was held that the direction as to consultation laid down by section 256, government of india act, 1935, which was also couched in similar terms, was directory and not mandatory and non-compliance with it did not render an appointment otherwise regularly and validly made ..... of a proper inquiry. a construction which leads to unreasonable results, should be avoided.26. it may also be pointed out that section 7 of the police act, 1861, distinguishes between reduction in rank and suspension. the two forms of penalties are therefore separate. article 311(2) of the constitution must be presumed to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1970Cal204
..... nature of mandamus directing the respondents to recall, cancel and withdraw the three notices dated the 25th october, 1967 and a writ in the nature of prohibition restraining the respondents from giving any effect to or taking any steps pursuant tothe said three notices. the respondents would however, be at liberty to proceed ..... collector of customs, calcutta, reported in : 1983(13)elt1342(sc) that where an inferior tribunal is continuing with a proceeding which is without jurisdiction, a writ of prohibition will lie restraining the tribunal from so continuing to proceed. in paragraph 27 of the report at page 1903 subba rao, j. observed as follows:-- 'the respondent ..... the respondent has no jurisdiction to initiate proceedings or make an inquiry under the said sections in respect of certain acts alleged to have been done by the appellants, the respondent can certainly be prohibited from proceeding with the same'. 6. mr. kar in this connection also drew my attention to an unreported decision .....
Tag this Judgment!Court : Kolkata
Reported in : (1919)ILR46Cal584,58Ind.Cas.641
..... by the drawees, under the circumstances of this case, would have amounted to a trading in goods destined for enemy ports and would come within the meaning of the prohibition of the proclamation, for the acceptance would in. effect have been an undertaking to pay for the goods destined to enemy ports. the drawees, therefore, were under ..... instruments and they were, in my judgment, made payable in a different place from that in which they were made and endorsed. section 135 of the negotiable instruments act, therefore, applies, and the law of england determines what constitutes dishonour and what notice of dishonour is sufficient.14. as to the alleged custom, it is to ..... , 1915. payments of the bills has not been made.13. the first point which was relied upon by the appellants was that the provisions of the negotiable instruments act, 1881, applied to this case, and that as the plaintiffs had allowed the drawees more than 24 hours, exclusive of public holidays, to consider whether they would .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal451,1969CriLJ1120,73CWN547
..... very rightly too, that the magistrate could not have used the diary as evidence. but who says he could? neither mrs. moitra nor i. that indeed is the prohibition section 172, sub-section (2), of the code enjoins. more it is clear, well-settled and consistent law throughout that a magistrate may, under section 172, subsection ..... police duties' and 'dealing with offences'--are of the widest amplitude and necessarily connote all that the police has to do in connexion with the offences under the act, including detection, prevention and investigation.11. such then is the law laid down by the majority decision of the supreme court, no matter that the facts there ..... functions, hence, by subsection (3), clause (a) of section 13 is provided:(3) for the efficient discharge of his functions in relation to offences under this act--(a) the special police officer of an area shall be assisted by such number of subordinate police officers (including women police officers wherever practicable) as the state .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)IIILLJ80Cal
..... in the matter. the division bench held that although a mandate could not issue to the state government to publish a notification under section 10 of the act prohibiting the contract labour in respect of the petitioners, nevertheless the state government was under an obligation to take a decision in respect of the matter one way ..... was necessary for the work of the fci. it is claimed that the appropriate government should have, in the circumstances, issued a notification under section 10 of act: prohibiting the employment of contract labour in fci's establishment. it is submitted that this court should direct the issuance of such a notification and until the appropriate ..... the assistant labour commissioner a report was submitted by him to the effect that a case had been made out for directing prohibition of employment of contract labour in terms of section 10 of the act. the report was forwarded to the labour commissioner. a conference was held. no action was taken by the state government .....
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