Array ( [0] => ..... the instance of the corporation of calcutta in two oases in which two managers of govt. stores were proceeded against before the municipal magistrate of calcutta under section 421, calcutta municipal act--act iii [3] of 1923.2. it appears that several maunds of whole-barley were seized from these two government stores and the finding of the learned ..... on behalf of the opposite parties has put forward the argument that this court has no jurisdiction to sit in revision over a magistrate's order under section 421, calcutta municipal act. it appears that this point was raised by the advocate-general of bengal in the case of messrs. sir abdulla harun & co. v. corporation of ..... came to the conclusion that neither expressly nor by necessary implication could it be said that the crown was intended to be bound by such a section of the calcutta municipal act which required such a license to be taken out. the judicial committee decision itself lays down the criterion when it may be said that by ..... [1] => ..... are entitled to make the application.10. the next question is whether the tribunal in making the award of 20-5-1949 has acted in excess of its jurisdiction. the tribunal has only a limited jurisdiction under section 19(3) proviso, viz., to decide whether there has been a material change in the circumstances, in which the award in ..... thing the tribunal can do and nothing else. an award can be modified only under section 15. sub-section (4) of that section says :'save as provided in the proviso to sub-section (3) of section 19 an award declared to be binding under that section shall not be called in question in any manner.' the award in the proviso referred ..... whereas it is expedient that the said award should be referred to a tribunal constituted under the industrial disputes act, 1947.now, therefore, in exercise of the power conferred by the proviso to sub-section (3) of 19 of the said act, the governor is pleased to appoint sri p.b. mukerjee, additional district judge, to be the tribunal ..... [2] => ..... cannot be supported and it is against two decisions of two benches of this court in cases under the old calcutta municipal act, section 449. the words of section 449 of the old act and section 363 of the present act so far as this matter is concerned are exactly the same. in both these cases, it was held that the magistrate was ..... brought to the notice of the corporation or the executive officer. he points out that in this case if the proceedings are considered to be one under section 493, calcutta municipal act, the learned magistrate had no power to inflict any fine on the petitioner because the proceedings were started more than three months after 10th january 1948 when ..... and he suggests that the case should be sent back to the municipal magistrate with a direction that he should deal with it under the provisions of section 363, calcutta municipal act.8. in my opinion, having regard to the law as it stands, the magistrate had no jurisdiction to treat the application as being one under ..... [3] => ..... 'class' but only to establish a special incident of gifts to classes) it is not made applicable beyond the two cases contemplated by sections 100 & 101.'the said sections 100, 101 & 102, succession act (now sections 113, 114 & 115 of the said act) were placed before their lordships in support of the contention that when a gift is made to a class & some of the ..... their lordships decided the said case on other grounds which i shall presently indicate their lordships in their judgment while discussing in effect of sections 100, 101 & 102, succession act (equivalent to present sections 113, 114 & 115 of the said act) stated as follows:'independently however of the distinction which may be taken between wills the operation of which is suspended during the testator ..... [4] => ..... the dar-patni so purchased. the dar-putni would not be an accession ipso jure so far as the mortgagor is concerned. the combined effect of section 90, trusts act and section 63, t. p. act, is that till the redemption of the security, the accession, that is, the purchased property, does not become the absolute property of the mortgagor. ..... in the eye of law. the learned subordinate judge, in our opinion, was right in the view he took of the matter. in this view, section 168a, bengal tenancy act, precludes maya debi from proceeding against the other properties of the judgment debtors by attachment and sale thereof. it only remains for us to consider the prayer ..... the case of midna-pur zemindary co. ltd. v. saradindu mukho-padhaya : air1948cal250 and the rights of the depositor were worked out on the footing that section 76, t. p. act was attracted.16. the above discussion, therefore, shows that the position of the depositor is not that as contended for either by mr. mukherjee for the appellants ..... [5] => ..... taken by rankin j. in the case of in re kalipada mukherji : air1930cal686 , was held to have become obsolete in view of the amendment of section 17, court-fees act by section 12, bengal act, (act vii [73 of 1935), 1935.15. the answer to the question formulated really depends on the meaning of the word 'relief' occurring in that clause ..... was recognised in the case of narayangunj central co-operative sale and supply society ltd. v. mafizuddin ahmed : air1934cal448 , and is now embodied in section 7(4)(c), court-fees act as amended by section 7 (2), bengal act, (act vii [7] of 1935), 1935. as pointed out, however, in the case of star trading and investment ltd. v. ashutosh mukerjee : ..... put a valuation as best as it can in the circumstances of each particular case.13. coming to the third question, the material provision is section 17(2), court-fees act which runs as follows:''where more reliefs than one based on the same cause of action are sought either jointly or in the alternative, the fee ..... [6] => ..... of a risk a contract is entered into between the insurer & the insured though that contract cannot be enforced unless & until a particular event has happened (vide section 82, contract act). an insurance company has to make provision for meeting the liability if it actually accrues on the happening of a particular event. the primary source of income of ..... in syud tuffazal hossein khan v. baghoo nath, 14 m.i.a. 40, that the expective claim under an inchoate award was not property within the meaning of section 205 of act viii [8] of 1859 (now repealed) & was not saleable in execution of a decree:'an existing debt, though payable at a future day, may be attached, ..... ., bancharam v. adya nath, 36 cal. 936, jenkins c. j. & mookerjee j. made it clear & applied the ordinary meaning of the word 'debt' in interpreting section 4. succession certificate act, (vii [7] of 1889) :'a sum of money which is certainly & in all events payable is a debt without regard to the fact whether it be payable now ..... [7] => ..... assessee company apparently denied this before the tribunal, but the tribunal point out that the actual assessments show that in respect of this income they were assessed under section 10 of the act. further the tribunal point out that the memorandum of association of the assessee company permits them to purchase, sell, hire and let lands, buildings, warehouses, etc ..... it was held that the income from these properties could not be treated as the profits and gains of business, but rather as income from property taxable under section 9 of the act. at page 1061, rankin, c.j., who delivered the judgment of the special bench of three judges observed :-'in the present case we have a company ..... . in my view, the rents for these godowns were wrongly included as part of the profits of the business and the assessees were wrongly assessed under section 10 of the act in respect of them. the fact that similar rents have been wrongly assessed in the part is no reason whatsoever why this sum of rs. 2, ..... [8] => [9] => ..... the decision of the munsif. it is argued on behalf of the appellant that the allegations as made in the plaint constitute an offence of mischief within the meaning of section 426 which falls under chap. xvii, penal code. it has, however, been repeatedly pointed out that when there is a dispute between a landlord and a tenant ..... of trees standing on the plaintiff's land, without any legal justification. such a case of a wrongful cutting of trees, for which damages are claimed, amounts to an act of mischief or criminal trespass as denned in the penal code, (commrs. of pabna municipality v. nirode sundari : air1942cal544 .8. in view of the fact that no ..... on behalf of the plaintiff to the court of the subordinate judge, hooghly. he held that under article 35, clause (ii) of schedule ii, provincial small cause courts act, this being suit for damages for trees cut down and misappropriated, and even though involving a question of title to immoveable property, was cognisable by a court of small ..... ) Explosives Act 1884 Section 4 Definitions - Court Kolkata - Year 1949 - Page 2 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: kolkata Year: 1949 Page 2 of about 56 results (0.146 seconds)

Dec 15 1949 (PC)

Corporation of Calcutta Vs. Bhupal Chandra Sinha and anr.

Court : Kolkata

Decided on : Dec-15-1949

Reported in : AIR1950Cal421,54CWN438

..... the instance of the corporation of calcutta in two oases in which two managers of govt. stores were proceeded against before the municipal magistrate of calcutta under section 421, calcutta municipal act--act iii [3] of 1923.2. it appears that several maunds of whole-barley were seized from these two government stores and the finding of the learned ..... on behalf of the opposite parties has put forward the argument that this court has no jurisdiction to sit in revision over a magistrate's order under section 421, calcutta municipal act. it appears that this point was raised by the advocate-general of bengal in the case of messrs. sir abdulla harun & co. v. corporation of ..... came to the conclusion that neither expressly nor by necessary implication could it be said that the crown was intended to be bound by such a section of the calcutta municipal act which required such a license to be taken out. the judicial committee decision itself lays down the criterion when it may be said that by .....

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Nov 04 1949 (PC)

Judhisthir Chandra Adak and anr. Vs. P.R. Mukherjee and anr.

Court : Kolkata

Decided on : Nov-04-1949

Reported in : AIR1950Cal577,54CWN222

..... are entitled to make the application.10. the next question is whether the tribunal in making the award of 20-5-1949 has acted in excess of its jurisdiction. the tribunal has only a limited jurisdiction under section 19(3) proviso, viz., to decide whether there has been a material change in the circumstances, in which the award in ..... thing the tribunal can do and nothing else. an award can be modified only under section 15. sub-section (4) of that section says :'save as provided in the proviso to sub-section (3) of section 19 an award declared to be binding under that section shall not be called in question in any manner.' the award in the proviso referred ..... whereas it is expedient that the said award should be referred to a tribunal constituted under the industrial disputes act, 1947.now, therefore, in exercise of the power conferred by the proviso to sub-section (3) of 19 of the said act, the governor is pleased to appoint sri p.b. mukerjee, additional district judge, to be the tribunal .....

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Sep 15 1949 (PC)

Badridas Goenka and ors. Vs. Corporation of Calcutta

Court : Kolkata

Decided on : Sep-15-1949

Reported in : AIR1950Cal140

..... cannot be supported and it is against two decisions of two benches of this court in cases under the old calcutta municipal act, section 449. the words of section 449 of the old act and section 363 of the present act so far as this matter is concerned are exactly the same. in both these cases, it was held that the magistrate was ..... brought to the notice of the corporation or the executive officer. he points out that in this case if the proceedings are considered to be one under section 493, calcutta municipal act, the learned magistrate had no power to inflict any fine on the petitioner because the proceedings were started more than three months after 10th january 1948 when ..... and he suggests that the case should be sent back to the municipal magistrate with a direction that he should deal with it under the provisions of section 363, calcutta municipal act.8. in my opinion, having regard to the law as it stands, the magistrate had no jurisdiction to treat the application as being one under .....

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Jan 25 1949 (PC)

Rabindra Nath Deb Vs. Sushil Chandra Deb

Court : Kolkata

Decided on : Jan-25-1949

Reported in : AIR1952Cal427

..... 'class' but only to establish a special incident of gifts to classes) it is not made applicable beyond the two cases contemplated by sections 100 & 101.'the said sections 100, 101 & 102, succession act (now sections 113, 114 & 115 of the said act) were placed before their lordships in support of the contention that when a gift is made to a class & some of the ..... their lordships decided the said case on other grounds which i shall presently indicate their lordships in their judgment while discussing in effect of sections 100, 101 & 102, succession act (equivalent to present sections 113, 114 & 115 of the said act) stated as follows:'independently however of the distinction which may be taken between wills the operation of which is suspended during the testator .....

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May 02 1949 (PC)

Sm. Maya Debi and ors. Vs. Sm. Rajlakshmi Debi and ors.

Court : Kolkata

Decided on : May-02-1949

Reported in : AIR1950Cal1

..... the dar-patni so purchased. the dar-putni would not be an accession ipso jure so far as the mortgagor is concerned. the combined effect of section 90, trusts act and section 63, t. p. act, is that till the redemption of the security, the accession, that is, the purchased property, does not become the absolute property of the mortgagor. ..... in the eye of law. the learned subordinate judge, in our opinion, was right in the view he took of the matter. in this view, section 168a, bengal tenancy act, precludes maya debi from proceeding against the other properties of the judgment debtors by attachment and sale thereof. it only remains for us to consider the prayer ..... the case of midna-pur zemindary co. ltd. v. saradindu mukho-padhaya : air1948cal250 and the rights of the depositor were worked out on the footing that section 76, t. p. act was attracted.16. the above discussion, therefore, shows that the position of the depositor is not that as contended for either by mr. mukherjee for the appellants .....

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Jul 22 1949 (PC)

Balaram Mandal Vs. Sahebjan Gazi and ors.

Court : Kolkata

Decided on : Jul-22-1949

Reported in : AIR1950Cal85,54CWN139

..... taken by rankin j. in the case of in re kalipada mukherji : air1930cal686 , was held to have become obsolete in view of the amendment of section 17, court-fees act by section 12, bengal act, (act vii [73 of 1935), 1935.15. the answer to the question formulated really depends on the meaning of the word 'relief' occurring in that clause ..... was recognised in the case of narayangunj central co-operative sale and supply society ltd. v. mafizuddin ahmed : air1934cal448 , and is now embodied in section 7(4)(c), court-fees act as amended by section 7 (2), bengal act, (act vii [7] of 1935), 1935. as pointed out, however, in the case of star trading and investment ltd. v. ashutosh mukerjee : ..... put a valuation as best as it can in the circumstances of each particular case.13. coming to the third question, the material provision is section 17(2), court-fees act which runs as follows:''where more reliefs than one based on the same cause of action are sought either jointly or in the alternative, the fee .....

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Feb 22 1949 (PC)

Ruby General Insurance Co. Ltd. Vs. the Comr. of Income-tax

Court : Kolkata

Decided on : Feb-22-1949

Reported in : AIR1952Cal355

..... of a risk a contract is entered into between the insurer & the insured though that contract cannot be enforced unless & until a particular event has happened (vide section 82, contract act). an insurance company has to make provision for meeting the liability if it actually accrues on the happening of a particular event. the primary source of income of ..... in syud tuffazal hossein khan v. baghoo nath, 14 m.i.a. 40, that the expective claim under an inchoate award was not property within the meaning of section 205 of act viii [8] of 1859 (now repealed) & was not saleable in execution of a decree:'an existing debt, though payable at a future day, may be attached, ..... ., bancharam v. adya nath, 36 cal. 936, jenkins c. j. & mookerjee j. made it clear & applied the ordinary meaning of the word 'debt' in interpreting section 4. succession certificate act, (vii [7] of 1889) :'a sum of money which is certainly & in all events payable is a debt without regard to the fact whether it be payable now .....

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May 05 1949 (PC)

Bengal Jute Mills Co., Ltd., Calcutta Vs. Commissioner of Income-tax, ...

Court : Kolkata

Decided on : May-05-1949

Reported in : [1949]17ITR308(Cal)

..... assessee company apparently denied this before the tribunal, but the tribunal point out that the actual assessments show that in respect of this income they were assessed under section 10 of the act. further the tribunal point out that the memorandum of association of the assessee company permits them to purchase, sell, hire and let lands, buildings, warehouses, etc ..... it was held that the income from these properties could not be treated as the profits and gains of business, but rather as income from property taxable under section 9 of the act. at page 1061, rankin, c.j., who delivered the judgment of the special bench of three judges observed :-'in the present case we have a company ..... . in my view, the rents for these godowns were wrongly included as part of the profits of the business and the assessees were wrongly assessed under section 10 of the act in respect of them. the fact that similar rents have been wrongly assessed in the part is no reason whatsoever why this sum of rs. 2, .....

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Sep 16 1949 (PC)

Sadananda Pyne Vs. Harinam Sha and anr.

Court : Kolkata

Decided on : Sep-16-1949

Reported in : AIR1950Cal179

Das Gupta, J.1. The principal question for decision in this appeal is whether the Dikshaguru of a Hindu not being the person who invested him with the sacred thread is his heir, on failure of other heirs. The appeal is against the decision of a Probate Court, allowing an application for revocation of a probate that bad been granted of a will of one Manmatha Nath Mandal, who will be later referred to simply as Manmatha. Manmatha died in July 1933, leaving his widow Manada Bala Dassi hereinafter referred to as Manada. Manada died in 1945. Disputes arose over properties left by Manmatha, after the death of Manada, between purchasers from Pachkari Bhuian who sold as a guardian of Gokul said to have been adopted by Manmatha and the purchaser from Janaki Nath Chakravarti who claimed to be Manmatha's heir on the death of Manada, on the ground that he was Manmatha's 'Dikshaguru'. On 23rd August 1945, Panchkari Bhuian applied for Probate of a will said to have been left by Manmatha. He stated t...

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Jun 30 1949 (PC)

Gadadhar Dey Vs. Sm. Rani Bala Dasi and ors.

Court : Kolkata

Decided on : Jun-30-1949

Reported in : AIR1950Cal109

..... the decision of the munsif. it is argued on behalf of the appellant that the allegations as made in the plaint constitute an offence of mischief within the meaning of section 426 which falls under chap. xvii, penal code. it has, however, been repeatedly pointed out that when there is a dispute between a landlord and a tenant ..... of trees standing on the plaintiff's land, without any legal justification. such a case of a wrongful cutting of trees, for which damages are claimed, amounts to an act of mischief or criminal trespass as denned in the penal code, (commrs. of pabna municipality v. nirode sundari : air1942cal544 .8. in view of the fact that no ..... on behalf of the plaintiff to the court of the subordinate judge, hooghly. he held that under article 35, clause (ii) of schedule ii, provincial small cause courts act, this being suit for damages for trees cut down and misappropriated, and even though involving a question of title to immoveable property, was cognisable by a court of small .....

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