Court : Kolkata
Reported in : AIR1953Cal433,57CWN25
..... . we need not consider here whether apart from the power given by article 226, the power to issue writs of certio-rari, quo warranto and prohibition within the limits of their original jurisdictions still survivesin the case of the high courts of calcutta, madras and bombay. the power given by article 226 ..... ': is what it was immediately before the commencement of the constitution, immediately before the constitution, that power was, under section 223 of the government of india act of 1935, as amended by the india (provisional constitution) order, 1947, what it had been immediately before the establishment of the dominion. immediately before the ..... provisions in the constitution conferring new powers on the high courts may themselves be regarded as conferring jurisdiction, the same cannot be said of future legislative acts and if the words 'subject to' are only restrictive and only contemplate curtailment of the jurisdiction, there would be no provision in the constitution itself .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal695
..... relation to 'property and civil rights' and could not be supported under any head of section 91 and so was ultra vires of parliament, except as to the prohibition of importation which was valid, being a legislation in respect of foreign trade. at pages 60-63 kellock j. has referred to certain observations of their lordships ..... . 25. similarly in the case of -- 'in re, board of commerce act, 1919, air 1921 pc 205 (m), cited by mr. sen the judicial committee held that the combines and pair prices act 1919 which authorised the board of commerce to restrain and prohibit the formation and operation of trade combinations in the provinces, which the board might ..... consider to be detrimental to the public interest and also the board of commerce act 1919 (9 and 10 geo. 5 dom. c. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal767
..... the election commission took objection to the jurisdiction of the madras high court. this objection was overruled by the madras high court which issued a writ of prohibition, prohibiting the commission from proceeding with the enquiry. on appeal the supreme court has overruled this decision and has held that the madras high court had no ..... 'the services in india have long been afforded certain statutory guarantees and safeguards against arbitrary dismissal or reduction in rank under section 240, government of india act 1935, the safeguards were limited to those two cases. under the present constitution a third was added, namely removal from service. in order to understand the ..... sets out the various penalties to which a member of the services can be subjected for indiscipline and misconduct. they are seven in number.... the act of 1935 selected only two of these possible penalties as serious enough to merit statutory safeguards namely reduction in rank and dismissal from service. the .....
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 : AIR1955Cal56
..... punishment.6. this rule was issued on 9-9-1953, calling upon the respondent to show cause why a writ in the nature of certiorari or mandamus or prohibition should not issue, in respect of the termination of the petitioner's services with the respondent.7. before i deal with the argument advanced on behalf of the ..... became part of the statute under which the respondents were constituted, and they cannot be permitted to depart from such rules. as stated above, section 31 of the old act contained no provision for making rules as regards appointment and dismissal. hence, the adoption of the fundamental rules, could not affect the position, since neither was there the ..... to the employees of the commissioners ..... or their rights and privileges not covered by any of the foregoingclauses.'section 33 has been wholly repealed and omitted from the act.12. i now come to the argument adavanced by mr. roy, on behalf of the petitioner. he argues that his client has been dismissed wrongly because there .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1955Cal92,58CWN791
..... quashing and/or setting aside the said decision of the appellate tribunal dated 10-8-1953 and/or why a writ in the nature of prohibition should not be issued prohibiting the opposite parties nos, 1 and 2 from exercising any further jurisdiction in respect thereto, and why a writ in the nature of mandamus ..... the clerical employees represented by the association appealed against the said award to the first respondent, the labour appellate tribunal, constituted under the industrial disputes (appellate tribunal) act, 1950. the decision of the appellate tribunal was given on 29-5-1953. by its decision, the labour appellate tribunal upheld the award of sri mukherjee in ..... developed an industrial dispute, which was, by an order of reference dated 19-8-1949, referred for adjudication to an industrial tribunal under the industrial disputes act 1947. the tribunal was constituted by sri asutosh das gupta. in their statement of case filed before the tribunal, the employees claimed payment by way of bonus .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1955Cal609,1955CriLJ1579
..... do not arise at all; they are repelled by the clear words of the statute which must receive effect. those words admit of no equivocation and imply an absolute prohibition. 23. i think therefore that the two circumstances which have been proved by evidence in the case, viz., that the place where the shows were held between ..... any place other than a place licensed under this act seems to me to be absolute and imperative. in a case of this nature no one ..... mind. but in the case of a statute like the cinematograph act it seems reasonably clear that the provisions are designed to regulate exhibition by means of cinematograph and the purpose is largely recreative or educational. that being so, the prohibition in section 3 of the act that no person shall give an exhibition by means of cinematograph at .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1956Cal321,60CWN471
..... between pretended arbitration and award and an award wholly in excess of the jurisdiction of the arbitrators. it is interesting to note that though writs of prohibition and certiorari may issue to a court to correct excess or absence of jurisdiction they may not issue to a pretended court. halsbury 2nd edition vol. ..... decisions largely base their conclusions upon the authority of '. i prefer to rest my conclusions on an examination of the different sections of the indian arbitration, act 1940. i respectfully record my dissent from the contrary conclusion reached in : air1954bom293 and other similar decisions.137. it is interesting to observe as a ..... expression obviously sums up the whole jurisdiction of the court regarding questions relating to awards.the jurisdiction to set aside an award, which undoubtedly exists under the act, must therefore be contained in the jurisdiction to decide 'questions regarding the validity, effect or existence of an award' for which the section provides. 'set .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal606,1957CriLJ1116
..... that all goods to which any 'order under sub-section (1) applies' shall be deemed to be goods of which the import or export has been prohibited by the sea customs act. the order in question viz., notification no. 23-i.t.c./43 was not an order under section 3(1) of the imports and exports (control ..... 'may' were substituted.3. notwithstanding anything contained in the aforesaid act, the central government may, by order published in the official gazette, prohibit, restrict or impose conditions on the clearance, whether for home consumption or for shipment abroad, of any goods or class of goods imported ..... to which any order under (1) applies shall be deemed to be goods of which the import or export has been prohibited or restricted under section 19 of the sea customs act, 1878. and all provisions of that act shall have effect accordingly, except that section 183 thereof shall have effect as if for the word 'shall' therein the word .....
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 , .....
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