Court : Kolkata
Reported in : AIR1922Cal447,69Ind.Cas.995
..... b 659 : 93 l.t. 20 : 53 w.r. 534 : 10 com. cas. 265 : 21 t.l.r 429 and british westing-house electric and . v. underground electric railways company of london, ld. (1912) a.c. 673 : 8 l.j.k. b. 1132 : 107 l.t. 325 : 56 s.j. ..... to the respondents; this appears further from the fact that the learned judge remitted the awards in order that the ' arbitrator might amend his awards or make fresh awards embodying therein the rates of exchange prevailing at the time the bills in respect of the awards made ..... that, therefore the award was, upon the face of it, bad in point of law.24. in the other case british westinghouse electric and manufacturing co. ld v. underground electric railways company of london, ld. (1912) a.c. 673 : 8 l.j.k. b. 1132 : 107 l.t. ..... 325 : 56 s.j. 734 the arbitrator had acted upon the opinion of a divisional court which had been given upon a special case .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal732
..... other than hand power), and a prosecution was started against the petitioner under section 488(2) read with section 387(5), calcutta municipal act, for continually working the dal-mill by electricity, in contravention of the declaration published in the gazette under section 387. the defence of the petitioner was that section 387 was not applicable ..... is continued whether there has or has not been any conviction in respect of the establishment thereof.4. this provision contained in the public. health act quoted above was subsequently amended in 1907, by section 51 of 7, edw. 7, by the substitution of the words:any other trade, business or manufacture which the local ..... trade. had they carried on a business so established within the meaning of 8. 112, public health act, 1875? in the opinion of the learned judge (with which pickford and avory, jj., concurred), section 13 2, as amended, meant that the offence of establishing the offensive business was only committed where business had, at the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal725,152Ind.Cas.914
..... patents are as follows:the national carbon company, incorporated, carry on business in new york, where they manufacture and export dry cell batteries for flashlights and electric torches. they are the grantees of indian patent no. 17148 of 1930. in the specification, which was accepted on 8th december 1930, the invention is ..... being pronounced, the patentees through messrs. remfry & sons, patent and trade mark attorneys, presented an application under section 17 of the act to the controller of patents for leave to amend the specification of their patent. the application is in the prescribed form, and contains a declaration that no suit for infringement or ..... the matter in issue had already been finally decided by this court; and, thirdly, that the controller had no jurisdiction to grant leave, as the amended specification would claim an invention substantially larger than or substantially different from, the invention claimed by the specification. the alternative reliefs sought are a writ of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal803,152Ind.Cas.601
..... 25th january 1924 under the provisions of the electricity act. the company entered into an agreement with the board on ..... the applicants') is a company incorporated under the companies act of 1913 and has its registered office at 12 mission bow calcutta and this company was the holder of an electric license issued to it under the provisions of the indian electricity act of 1910 known as the lucknow electric license 1914 and also of amending electric licenses issued to the company on 15th march 1916 and .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal298
..... had a value. in great britain such licensee's rules have never received legal sanction, but the custom has now been legalized in india by the indian electricity (amendment) act, in section 21 of the act, in which the second and third sub-sections were inserted in 1922. the conditions of supply as authorized must not be inconsistent with the ..... he can cut off the supply-15. in fact clause (3) was introduced into section 20 by the amending act of 1922 to meet difficulties of the licensees in obtaining access to houses on their lawful business. the object of the amendment, was to enable them to cut off the supply in the last resort. it is true that if ..... 14th january 1925, 28th january 1925, 6th february 1925, and 12th january 1932 and in pursuance of the power conferred by section 20, sub-section 1 and section 24, electricity act, 1910, defendant 2 by its servant, defendant, entered upon the plaintiff's premises nos. 25, 25-a and by its said servant removed and took away some fuses connecting .....
Tag this Judgment!Court : Kolkata
Reported in : [1936]4ITR25(Cal)
..... the high court, and the high court may require the commissioner to state the case and refer it to the court.the advocate-general contends that the recent amendment of the income tax act, by act xviii of 1933, has given an assessee remedies which he did not previously possess; that he has not chosen to avail himself of those remedies, and that ..... or adequate remedy. see v. e. a. chettyar firm v. commissioner of income tax, the commissioner of income tax, burms v. c. p. l. e. firm and tata hydro electric agency, limited v. commissioner of income tax, bombay.this objection is in my opinion valid. i will deal with it more fully in regard to the claim for a writ ..... , within sixty days of the receipt of such application draw up a statement of the case and refer it with his own opinion thereon, to the high court.'the act has been amended in 1933 by adding after the words 'section 32' the following words 'or of an order under section 33 enhancing an assessment to otherwise prejudicial to him' so .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal466
..... each.19. the first question is whether gaming was taking place in the club on the night in question. the word 'gaming' is defined in section 3, calcutta police act, as amended in 1913. it includes wagering or betting, excepting betting in a racecourse within an enclosure provided by the stewards. here upon the facts there is no doubt that these accused ..... were used by m.a. adams as his private residence. the whole flat was rented by m.a. adams from mr. galstaun at rs. 200 a month. the telephone and electric light were in the name of petitioner adams or his deceased wife. the club apparently was limited to subscribers or members who paid a fee of one rupee a month ..... the wife of m.a. adams. the account for the telephone was in the name of m.a. adams. in his written statement m.a. adams said that both the electric light and the telephone account were in the name of his wife. it was apparently not known at the trial, that is to say not known to the magistrate, that .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal265
..... general information that, in exercise of the powers conferred by cl (6), sub-section (3), section 4, electricity act 1910 (ix of 1910), the governor in council is pleased to make the following amendment in clause 5 of the darjeeling electric license, 1913, published under the public works department notification no. 1-m. p. 1, dated 14th july 1913 ..... written contract before he was allowed the supply. this written contract must have been entered into in pursuance of 01. 6 of the schedule annexed to the indian electricity act of 1910. at the time when the contract was entered between dr. roy and the municipality, there was no clause in the said schedule which, subject ..... defendant is entitled to succeed in the plea taken by her. a license given by the local government to a person under the electricity act confers the right on the licensee to supply electric energy in a specified area. certain statutory powers and duties are conferred and imposed on the licensee. these powers are given for the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal506
..... euphonious as the sentence 'all roads (including the soil) and all bridges, tanks, etc.' and the additional words were added when the clause 'including the soil' was introduced by the amending act of 1894. the use of the word 'private' as applying to roads is explained i think because roads in this section as in section 31 and in section 217, clause ..... 1932, all roads in a municipality over which the public have a right of way now vest in the commissioners; and, if section 30 of the amended act of 1894 had been construed against the municipality, the municipality could immediately bring a suit under the existing law and get a declaration that the land had vested in the ..... , p. 300, where some of the above-mentioned cases, as also a number of other cases, are cited). amongst these, reference may be made to (1903) 1 ch 437 finchley electric light co. v. finchley urban council (1903) 1 ch 437, in which collins, m. r., said: 'that which is vested is the area of the user.' to what extent, if .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal753
..... is to say, in the present case, the calcutta electric supply corporation, and in this connexion he referred to section 19 (a), electricity'act, 1910, which was added to that act by the electricity (amendment) act of 1922. that section declares that:for the purposes of this act, the point at which the supply of energy by ..... a licensee to a consumer shall be deemed to commence shall be determined in such manner as may be prescribed.39. that has, in fact, been 'prescribed' in rule 31, electricity ..... and abetment of theft; he took a far more prominent part than the durwan of the bharat laxmi cinema. he was therefore sentenced under section 39, electricity act, read with section 109, i. p. c., to six months' rigorous imprisonment. no separate sentence was passed for conspiracy. 4. sailendra nath mukherji, .....
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