Court : Kolkata
Reported in : AIR1967Cal216,71CWN82
..... 22. thirdly, it has been argued by the learned advocate general that the transfer sought to be made by the agreement followed by the constitution amendment act constitutes an 'act of state' as against which the petitioners cannot pursue any claim before this court, whatever might be the moral obligations of the union of ..... union in terms of the agreement and a demarcation of the divided portions was, accordingly, necessary in order to implement the constitution amendment act. upon the passing of the constitution amendment act, some of the inhabitants of the berubari union brought a petition under article 226 of the constitution, challenging the legality of the ..... attempted transfer of the berubari union, as referred to in the said agreement and the constitution amendment act, on the ground, inter alia, that the division envisaged therein was impracticable and prayed for the issue of a writ of mandamus, commanding the respondents .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT115(HC),[1996]221ITR720(Cal)
..... was not applicable to the writ proceedings.14. it has also been submitted on behalf of the respondents that section 141 of the code has been amended to provide that the proceedings referred to in the said section did not include proceedings under article 226 of the constitution.15. the learned advocate for ..... provisions in the civil procedure code should be followed and applied. the respondents have not disputed, as they cannot, that the relevant provisions in schedule ii to the act are analogous and similar to those in the civil procedure code. they have not pointed out any dissimilarity in the provisions of schedule ii and those in the civil procedure code ..... been referred to not on the issue whether the civil procedure code applies to writ proceedings but for interpreting the provisions of the rules in schedule ii of the act relating to the attachment of shares, etc., which are analogous to provisions made in the code. accordingly, the decisions relied upon by the petitioner and .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)2CALLT384(HC)
..... have to be dealt with. the first point was that thika tenancy is not partible. the original thika tenancy act of our state is dated in 1949 and thereafter there were large scale amendments in 1964. the act intended to- protect not very well off tenants who erect kuchha structure on the land. although that was the original ..... idea, the idea has not undergone several modifications and changes. after the amendments of thika tenancy laws, lands got vested in the state ..... of west bengal and every thika tenant is now a tenant under the state.7. mr. bhattacharjee, appearing for the appellants showed us, that as the said thika tenancy act now stands, the most current act being of 1981, under section 6 .....
Tag this Judgment!Court : Kolkata
Reported in : (1995)126CTR(Cal)69,[1995]212ITR496(Cal)
..... . the passages in the circular which have been highlighted by the petitioners in support of their arguments read as follows :'the new section 143, as substituted by the amending act, 1987, while dispensing with the necessity of passing assessment orders in all cases, did not contain any deterrent provision against filing of incorrect returns to show lesser tax ..... or by claiming obviously incorrect deductions and taking a chance that if the same are detected by the department, they would have to pay the correct tax only. the amendment act, 1989, has, therefore, inserted a new sub-section (1a) in the section to provide for the levy of 20 per cent. additional tax in such cases. ..... filed could not be termed out of hand as an incorrect return in view of the decision in gedore's case .48. in 1990, section 28 of the act was amended with retrospective effect from april 1, 1967, so that section 28 which deals with profits and gains of business or profession, now reads :'the following income shall .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1976Cal309,80CWN917
..... case of sm. bina das v. registrar, co-operative societies, (1973) 77 cal wn 455 and he has submitted that in these decisions of this court the act of 1940 before its amendment in 1965 came to be considered. mr. mukherjee argues that the decisions of p. b. mukharji, j. and of the division bench lend support to his contention ..... mr. chatterjee argues that the legislature must be presumed to have knowledge of the state of law as it existed under the provisions of the act of 1912 and also the act of 1940 prior to its amendment on the basis of the various decisions of this court. it is his submission that the legislature has deliberately, brought about a change in ..... the language indicates that the legislature did not want that these words should be used in the same sense as the words used in the act of 1912 and in the act of 1940 before its amendment. unless the legislature intended to bring about a change in the existing law as established by the interpretation of this court in the various .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal267,86CWN635
..... cal wn 1093) was decided in june, 1961 but the legislature has not changed the provisions of section 17 (1) and (2) of the 1956 act although section 17 was amended several times thereafter and that a decision of long standing on the basis of which many persons have arranged their affairs should not be disturbed. but in my ..... those benefits. inasmuch as when the legislature found that the tenants are having hardship because of monetary difficulty they have tried to amend the act to protect the tenant. it appears to us that the act and amendment therein make it clear that tenant who is a defaulter cannot be protected unless he pays the amount of default and the principle ..... decision is made in the case report-ed in (1961) 65 cal wn 1093, (raghunath v. patel & co.) there are number of amendments of section 17 of the act. but still the legislature did not amend the word 'payable' to mean 'legally payable'. it was argued by mr. chatterjee that the legislature knew what decision has been taken in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1980Cal282,85CWN8
..... reports concerning the said two tea units formed a bona fide opinion that the conditions necessary for the exercise of powers under section 16e of the tea (amendment) act, 1976 were actually in existence and that in the interest of the general public and for preventing fall in production and manufacture of tea and ruin of ..... ft is clear from the said order that the power was exercised by the president under section 16e of the tea act, 1953, section 16e along with the other sections were introduced into the tea act by (amendment) act, 1976. the petitioner contended that the impugned order purporting to take over the management of the said tea estate of ..... the learned single judge was wrong in holding that in taking the decision under section 16e of the tea act, the central government cannot consider the matters, namely, creation of incumbrances which was brought long before the tea (amendment) act, 1976. on the premises, mr. gupta appearing for the respondent could not contend otherwise. we are .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal297
..... the following points :--(1) that the reference dated the 19th september, 1957 is bad because the industrial disputes (appellate tribunal) act, 1950, having been repealed by section 33 of the industrial disputes (amendment and miscellaneous provisions) act, 1956, the appellate tribunal constituted by act 48 of 1950 ceased to have any existence altogether and no reference could be made to mr. merchant who was ..... tribunal in relation to industrial disputes and for certain matters incidental thereto. the industrial disputes (amendment and miscellaneous provisions) act, 1956 came into operation on the 28th of august, 1956. amongst other things, it repeated the industrial disputes (appellate tribunal) act, 1950. by section 33 of this act, the act 48 of 1950 was repealed, but it was provided that not-withstanding such repeal, any .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1977Cal303
..... business of gumming, slitting and packing cigarette paper. he has stated that the defendant manufactures the cigarette paper and for this purpose the company has machineries driven by electric power. the witness has made an attempt to say that the tenancy of rs. 102/- consists of 3 rooms and one shed on the ground floor. this ..... any other reasonable and suitable accommodation and disproves the case of the plaintiff. it may be stated that in this appeal the respondent-plaintiff filed an application for amendment of the plaint in view of the decision given in b. banerji's case by the supreme court. additional written statement was put in and additional issues ..... with another person jagadishwar singh. this is not a case of joint family business or any alleged family partnership business referred to in section 5 of the indian partnership act in this connexion the case of commissioner of income-tax, west bengal v. kalubabu lalchand reported in : [1959]37itr123(sc) may be referred to. in para. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal257,61CWN263
..... although by a different process of reasoning, the same conclusion at which my lord the chief justice has arrived as to the effect of the west bengal premises tenancy (amendment) act. 1956.sarkar, j.68. i agree with what my lord the chief justice has said in his judgment with regard to the effect on the questions referred to this ..... been further obscured by the expla-nation since the language in clause (a) is 'continued', it presupposes that the proceedings should be pending at the date of the amending act as well. 48. i am sensible that the construction i am adopting does not he on the surface of the section and indeed involves some strain on its language. ..... expire on a certain date, the 31st march, 1953 and there was no p'ovision. for any extension. its life was extended subsequently by means of independent amending acts, but even as last amended, it was due to expire on a certain date without any extension or any saying, except the one i have mentioned, being provided for. it was .....
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