Court : Kolkata
Reported in : AIR1967Cal25
..... facts came to the conclusion that the suit was really not one to enforce any contract relating to purchase or sale of bullion which came within the prohibition of the notification. the supreme court held that it was suit by an agent claiming indemnity against the principal for the loss which the agent had suffered ..... relied on a calcutta decision in ramani mohan v. surjya kumar : air1943cal22 which lays down the proposition that the presumption under section 118 of the negotiable instruments act that a promissory note is for consideration is not limited to the consideration as expressed in the note itself and therefore, where a promissory note is expressed ..... plaintiff's account and in order to obtain money the plaintiff obtained this receipt, exhibit 1. the courts held that under section 30 of the indian contract act fatka dealings come under the category of wagering contracts and these are wagering contracts and therefore void. on these findings the courts dismissed the plaintiff's suit.4 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal376,1968CriLJ33
..... that action under section 110 could be taken if the watches were liable to confiscation under the customs act, 1962. in this context, my attention was drawn to sections 2(33) and 2(89) of the customs act, 1962, respectively defining 'prohibited goods' and 'smuggling'. it was submitted that the impugned notice did not expressly state that the ..... the watches sold by them. 4. importation of tbe watches without a valid import trade control licence is prohibited under section 111(d) of the customs act, 1962 read with section 3(1) of the imports and exports (control) act 1947 and in accordance with the provisions laid down in para 2 of section 123 of the customs ..... watches were suspected to have beep smuggled into india, after february 1, 1962, when the customs act, 1962 came into force, and that made the action .....
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 : AIR1968Cal146
..... i shall deal with the question of insurance agency. the first provision of law to be considered is section 40(1) of the insurance act (act iv of 1938. it is in the following terms:'40. prohibition of payment by way of commission or otherwise for procuring business.(1) no person shall, after the expiry of six months from the commencement ..... but also for the protection of the public, a contract in contravention of such prohibition shall be void. see heyman v darwin ltd., (1942 1 all er 337 (343, anderson v. daniel, (1924 1 kb 138 (140 under section 10 of the indian contract act, read with section 23, an agreement, if calculated to defeat any provision of ..... of this act, pay or contract to pay any remuneration or reward whether by way of commission or otherwise for soliciting or procuring insurance .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal28
..... forward on behalf of the appellant and it is as follows : it is argued that under section 111(d) any goods which were imported contrary to any prohibition imposed by or under the said act or any other law for the time being in force, was liable to confiscation. it is argued that under section 160(1) read with the schedule, ..... a reasonable opportunity, if the grounds given are vague, unspecific. uncertain or ambiguous. it musl also be remembered that the provisions of the customs act which result in confiscation, fine etc are penal in character. in amba lal v. union of india. air 1961 sc 264 subba rao. j. (as he then was) dealing with section 178a of the sea customs ..... act which corresponded to section 123 of the said act. said as follows :'this court has held that a custom officer is not a judicial tribunal and .....
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 : AIR1968Cal407,72CWN440
..... free course of trade. the next statute was the conspiracy and protection of property act 1875 which replaced the 1871 act. under this act, any act done in combination would not be criminal unless the act itself, when done by one person, would be a crime. the prohibition against violence, intimidation, persistent or disorderly following, hiding tools and watching and besetting ..... forums. but this question, however. does not rest there as it was raised before the supreme court in raja narayanlal bansilal v. maneck pheroz mistry : [1961]1scr417 and the supreme court held that in order to invoke the rights under article 20(3) it must appear that a formal accusation had been made against ..... one of the petitioners was not entitled to the relief claimed. in support of this contention reliance was placed on a decision of this court reported in, (1961. 65 cal wn 908 this decision, to my mind, does not support the contention of the learned advocate general. this was an application by the thika tenants .....
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 : AIR1970Cal88,1970CriLJ212,73CWN651
..... stage argued that banduang is within the border area but there is no evidence to that effect. transportation to banduang from any place in the border area is not prohibited, and therefore no offence was committed. 6. mr. palit next argued that the rice in carts were intercepted at village laka within border area and it was being ..... judge held on the authenticity of a decision of this court reported in : air1961cal240 that mens rea is not necessary for a conviction under section 7 of the essential commodities act. this question was considered by the supreme court in a decision reported in : 1966crilj71 , nathulal v. state of m. p., where it was held that the mere ..... implication, be excluded from a statute. the nature of the mens rea that would be implied in a statute creating an offence depends on the object of the act and the provisions thereof. the well established rule is that unless a statute clearly or by necessary implication rules out mens rea as a constituent part of crime, the .....
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 .....
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