Court : Kolkata
Reported in : AIR1975Cal440
..... for manufacture of ammunition and explosives covered the case and had rendered the contract impossible of performance. it was held that under the sea customs act the. government was only empowered to prohibit export of specified article and it was not enough to describe different commodities ejusdem generis in vague description. inasmuch as the notification in that ..... the case of karl ettlinger & co. v ohagandas & co.. air 1915 bom 232. in that case under section 19 of the sea customs act. 1878 the government was empowered to prohibit export of specified articles or things. the defendant in that case by a contract made on july 24. 1914 had agreed to supply to the plaintiffs ..... to the following effect:-- 's. o. 3613.-- in exercise of the powers conferred by section 3 of the imports and exports (control) act, 1947 (18 of 1947) the central government hereby prohibits the import and export of all goods whether directly or indirectly, into or from any port or place in india, from or to any place .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN533,2007(2)CTLJ72(Cal)
..... any person or authority, including in appropriate cases, any government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred the part iii and for any other purpose.(2) the ..... of election commission v. saka venkata subba rao reported in 1953 scr 1144 and in the subsequent cases of khajor singh v. union of india reported in : [1961]2scr828 and collector of customs v. e. i. commercial co. reported in : [1963]2scr563 that place of office and/or residence of the respondents was the ..... invocation of the jurisdiction of article 226. taking note of the aforesaid judicial pronouncement the constitution was amended as correctly contended by mr. mukherjee by the 15th amendment act, 1963 incorporating clause (1a) and thereafter this clause (1a) and clause (2) stood consolidated and renumbered as clause (2) by 42nd amendment. it appears .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal377
..... the war, or in respect of whom such authority is satisfied that his apprehension and detention are necessary for the purpose of preventing him for acting in such, prejudicial manner, the prohibition of such person from entering or residing or remaining in any area, and the compelling of such person to reside and remain in any area ..... in the case.19. lord watson in delivering the judgment held that it was within the jurisdiction of the dominion parliament to enact the prohibition clauses as enacted in the temperance act of 1886. he also held that the e parliament of ontario was also competent to enact section 18 of 58 vict, c 56. ..... field' - which embodies a well-established and general principle 'of constitutional law. he argued that the dominion legislature by enacting the temperance act in 1886 had completely occupied the whole field of 'prohibition' in 1886 and that the provincial legislature of ontario could not in law thereafter enter that field. this contention was examined by lord .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal713,63CWN258
..... a fictitious marriage. two days after the deed the settlor and the lady went through a form of marriage though marriage with a deceased wife's sister was prohibited by an act of parliament. the two lived together till the death of the settlor which happened four months afterwards. more than eight years afterwards, the lady remarried without a ..... under colour of a ceremony of marriage known to both parties to be invalid because the marriage between a widower and his de-erased wife's sister was prohibited by art act of parliament and was held to be contrary to public policv. it was held by lord selbome that the suit could not be maintained. many points distinguish ..... wn 919: (air 1916 cal 266) (z-20).99. a transfer for an unlawful object or consideration within the meaning of the indian contract act is prohibited by section 6(h) clause 2 of the transfer of property act. such a transfer does not pass any title. it is void and need not be set aside. ghumna v. ramchandra rao : air1925all437 , .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)1CALLT221(HC),[2003(97)FLR878]
..... not done with the object of finding out any misconduct on the part of the officer, as stated by shah, j (as he then was) in ram narayan das case : (1961)illj552sc . it is done only with a view to decide whether he is to be retained or continued in service. the position is not different even if a preliminary enquiry ..... a definite result or to put it differently, 'motive' is that incites or stimulates a person to do an action. an order terminating the services of an employee is an act done by the employer. what is that factor which impelled the employer take this action if it was factor of general unsuitability of the employee for the post held by .....
Tag this Judgment!Court : Kolkata
Reported in : 1984CriLJ823
..... the appellants could be proved the learned magistrate felt inclined to proceed under section 360 cr. p. c. read with section 3 of the probation of offenders act in the matter of awarding punishment, as already indicated the appellants were convicted but released after due admonishing. hence the present appeal.5. the appellants have denied ..... which stand on a somewhat different footing. there the right of relief previously was in the civil court. by the amended section 110f of the motor vehicles act the jurisdiction of the civil court was expressly taken away simultaneously with the constitution of the claims tribunal. it was in the context of the amended provisions of ..... attracted or because section 408 also cannot be invoked. the right of appeal is there under the provisions of the special statute, namely, the probation of offenders act, the forum prescribed in that statute is the court to which appeals ordinarily lie from the sentences passed by the trial court. the trial court in this .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)2CALLT115(HC)
..... of the school and one officer of the factory as a member. it was stated that the hony. administrator who is the extended arm of the president cannot act without the concurrence of the president and that the action to appoint the petitioner by the hony. administrator was without the concurrence of the president. once a person ..... issued by the government. the question is as to which forum one should approach. the high court has held that the remedy is available under the industrial disputes act when an element of public interest is created and the institution is catering to that element, the teacher, the arm of the institution is also entitled to avail ..... those approved by the state government in respect of government aided schools affiliated to the west bengal board of secondary education or as prescribed under the relevant provident fund act/rules of the government of india. 21 (a)--appointment of all categories of staff shall be made as per rules framed by the founder. every employee, whether .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal461,(1969)ILLJ290Cal
..... . even assuming mr. kar's contention to be correct, the plaintiff's appointment is substantially in compliance with the provisions of section 175(3) of the government of india act. the letter dated june 2, 1949 addressed by the undersecretary, ministry of education, government of india to the director, department of anthropology, specifically states that the governor-general ..... , has relied on parshotam lal v. union of india, : (1958)illj544sc . state of bihar v. gopi kishore prasad, : (1960)illj577sc and state of orissa v. ramnarayan das, : (1961)illj552sc . shah, j. following the earlier two supreme court decisions, had made the following observations at page 180 in his judgment in ..... : (1961)illj552sc (supra):'the enquiry against the respondent was for ascertaining whether he was fit to be confirmed. an order discharging a public servant, even if a probationer, .....
Tag this Judgment!Court : Kolkata
Reported in : 1986(9)ECC109,1988(17)LC781(Calcutta),1987(30)ELT198(Cal)
..... trial after a previous one and acquittal, the provisions are not unconstitutional. but under those provisions of the general clauses act and article 20(2), a double punishment is prohibited. so, an act under which such double punishment would be permissible, would be void being repugnant to article 20(2). it should of ..... person to a criminal charge. indeed, this wider construction, if applicable to article 20(3) approximates the constitutional clause to the explicit statement of the prohibition in section 161(2). this latter provision meaningfully uses the expression 'expose himself to a criminal charge'. obviously, these words mean, not only cases where ..... word 'punishment' in article 20(2), in terms of the determina- tions in sewpujanrai v. collector of customs : 1958crilj1355 or raja narayanlal v. mistri, : [1961]1scr417 , means a judicial penalty, awarded by a criminal court, as distinguished from statutory authorities and would not include other penalties e.g., disciplinary action in the .....
Tag this Judgment!Court : Kolkata
Reported in : 78CWN84,[1975]99ITR426(Cal)
..... refusing a party quick relief by a writ or order prohibiting an authority acting without jurisdiction from continuing such action.'29. in chhugamal rajpal v. s.p. chaliha : [1971]79itr603(sc) the court was considering the validity of a notice under section 148 of the income-tax act, 1961. the report in connection with the initiation of proceeding ..... the prayer was for a writ preventing demolishing a building under impugned order. it was observed that there must remain something to which prohibition can apply, some act which the respondents, if not prohibited, may do in excess of their jurisdiction. the privy council quoted with approval the following observations of wright j. in in re ..... impugned notice. there was also a prayer for issue of a writ of prohibition commanding the respondents to forbear from giving effect to or taking any step whatsoever in pursuance of the said notice of july 3, 1961, under section 34 of the act. on the said application a rule was issued in terms of the prayer .....
Tag this Judgment!