Court : Kolkata
Decided on : Jun-04-1973
Reported in : AIR1974Cal61,77CWN944
..... . mr. dutta has drawn our attention to this aspect of this case and has submitted that under the provisions of the law the said interpretation of section 14 of the act, is not sustainable. we shall deal with these matters at the appropriate place.18. mr. sarkar, learned advocate for the petitioner on the other hand ..... -respondent at new alipur. according to mr. dutta the learned trial judge has put a wrong interpretation to the provision of section 14 of the indian divorce act, 1869 (hereinafter referred to as the act). in section 14 under the heading 'condonation' it has been laid down that 'no adultery shall be deemed to have been condoned within ..... and the respondent. the claim for damages against the co-respondent has, however, been disallowed. the said decree is awaiting confirmation by this court under section 17 of the indian divorce act, 1869.17. mr. dutta learned advocate represents the wife, respondent before us. mr. dutta has challenged the finding of the learned trial court in .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-11-1973
Reported in : AIR1974Cal126
..... manzoor ahmed khan reported in 70 ind app 1--(air 1943 pc 29), there the judicial committee passed a decree for the repayment of a loan by invoking section 65 of the indian contract act, 1872 solely on the ground that it was a pure question of law. that decision of the board does not help mr. roy for a custom is ..... trust or the right of management of a religious or charitable endowment or a religious office attached to a temple could not be alienated by the holder. i do not sec how this decision is of any assistance to the respondents in this appeal as it was found that a custom existed for an alienation of a pala and the decisions ..... premises carried on the sheba puja of the deities till his death in 1925. it appears that between 1908 and 1918 certain mutation proceedings took place under the land registration act, 1876, in which the name of upendra nath was incorporated in the records by mutation, by deleting the name of rakhal chandra mukherjee, in respect of shcbaitship of the deities .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-12-1973
Reported in : AIR1974Cal222,78CWN478
..... j. in appeal no. 265 of 1966, d/- 26-5-1967 (cal) (supra) do not support his contention and therefore it is without any merits. moreover, section 74 of our contract act is directly against his contention and in : [1964]1scr515 of the report, the supreme court has laid down the law on the subject in the following terms :'in ..... have any application i'or we in india are not concerned with the refinements and subtleties of the common law of england but with the principles embodied in section 74 of our contract act as laid down by the supreme court in the case of fatch chand v. balkishan dass, reported in : [1964]1scr515 of the report, in the ..... following terms :'the section is clearly an attempt to eliminate the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-27-1973
Reported in : AIR1973Cal450,77CWN711
..... had been called for for any purpose other than the ostensible purpose. the learned additional solicitor general has rightly pointed out that under the provisions of section 60 of the act the documents and information called for cannot be used for any collateral purpose. this part of the submission of mr. roy chowdhury is his inference ..... which may be suffered is to be compelled to produce a document which may not otherwise be relevant according to him, but subject to protection under section 60 of the act. in my opinion the benefit that would follow from restricted interference by this court on matters like these would much out-weigh the possible prejudice ..... the purpose of the commission's inquiries in the case of keshoram industries. at this the commission issued the impugned summons dated april 14, 1972 under section 12 of the said act directing production of the following documents:--'1. cashbook, ledger and journal of the company covering the calendar year 1971. 2. minute books of the .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-14-1973
Reported in : AIR1973Cal515
..... a decisive or sole consideration. in that view i do not consider the question of validity of retrospective effect of the amendment sought to be given by section 13 of the amending act (act xxxiv of 1969) to be relevant for the purpose of decision of this case.16. reasonableness of the requirement pleaded by the plaintiffs would make the ..... rented by them, without any consideration to what the tenant will suffer does not in my view satisfy the reasonable requirement within the meaning of section 13 sub-section (1) of the premises tenancy act, 1956. by applying that standard i hold that the evidence in the case do not establish that the landlord's requirement is reasonable. for ..... after the decision of this suit in the trial court but during the pendency of the appeal in this court. whether, that amendment is retrospective as section 13 of the amending act seeks to make it or that provision is ultra vires and the amendment is not retrospective as was held by a decision of division bench of .....
Tag this Judgment!Court : Kolkata
Decided on : May-23-1973
Reported in : 78CWN255,[1974]94ITR73(Cal)
..... machinery for production of a raw material which can be continued irrespective of paper manufacturing business, the assessee in this case was entitled to the benefit of section 15c of the act.6. there is, however, another decision of the delhi high court to which our attention was drawn in the case of commissioner of income-tax v. ..... up of a unit or factory, such a process of replacement would come within the meaning of reconstruction as contemplated in clause (i) of sub-section (2) of section 15c of indian income-tax act, 1922. it was urged, therefore, in the facts of the instant case that it was covered by the decision in the case of commissioner ..... tribunal was not right in holding that the steel foundry division and the jute mill division set up by the assessee-company were industrial undertakings to which section 15c of the act applied. the goods which the steel foundry division and jute mill division began producing for the assessee were also previously used by the assessee in its .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-25-1973
Reported in : AIR1973Cal304
..... which exists in law or by implication of law and is further expressed in the decree herein is a charge created by operation of law and is within section 100 of transfer of property act. this disposes of ground taken by mr. s. pal, counsel appearing on behalf of the plaintiff in paragraph (2) above.14. the ground taken by the learned ..... owelty money with interest and all the provisions which apply to a simple mortgage shall, so far as may be, apply to such charge in terms of section 100 of the transfer of property act.11. support to the above view may be sought in the other case in : [1957]1scr775 . in para. 18 of the said report it is held,'when ..... decree itself. if a decree embodies a charge which has no existence in law independently of the decree itself, the same would be outside the definition of section 100 of the transfer of property act.'9. a hindu widow's right to maintenance has been stated as not to be a charge which exists in law, it does not bind any part .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-21-1973
Reported in : AIR1974Cal386,78CWN962
..... association, without any written consent or authority on the part of that person. the contract must therefore be held not to have complied with the requirement of section 15(4) of the forward contracts (regulation) act 1952. such a contract, has been held by the supreme court in the case reported in : [1968]1scr608 to be void.25. for all ..... the part of the seller.23. in sumitra debi v. satvanarayan, reported in : air1965cal355 , this court in analysing the principles of law on which sections 27 to 30 of the sale of goods act wore founded, observed that where one of the two innocent parties must suffer from the fraud of the third, the loss should be borne by him ..... that onkar & sons are regular share-dealers of a recognised stock exchange and would thus come within the definition of a mercantile agent described in section 2(9) of the sale of goods act. it is true that no such specific question was put to the defendant in his examination on commission but it is now admitted that defendant no .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-17-1973
Reported in : [1973]43CompCas556(Cal),77CWN957
..... co. ltd. (c.p. no. 274 of 1967, decided on june 23 and 24, 1970), where it was held that article 137 applied to applications under section 397 and section 398 of the companies act, 1956. reference was also made to the decision in ram kumar kajaria v. chandra engineering (india] ltd., : air1972cal381 , where m. m. dutt j. held ..... support of which counsel drew sustenance from a decision of a special bench of this court in asmatali sharip v. mujaharali sardar. counsel referred to section 643 of the companies act which confers power on the supreme court to make rules providing for all matters relating to the winding up of companies and also to make rules ..... petitioner ' and ' application ' includes ' petition '. in the statement of objects and reasons it is stated in respect of clause (2) of the bill, which became section 2 of the act :' clause 2.--a new definition of ' application' is inserted so as to include a petition, original or otherwise. the object is to provide a period of limitation for .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-06-1973
Reported in : 1975CriLJ304
..... , in its discretion, considers it proper to do so. such provisions are to be found, amongst others, in section 53 of the indian divorce act, 1869, section 22(1) of hindu marriage act, 1955, proviso to section 352 criminal procedure code, and section 151, civil procedure code. this is apart from the inherent powers of the courts to direct a trial not ostiis apertis in ..... to determine the same, in the first instance. in support of the first dimension of his objection, mr. dutt. relied on the provisions of section 14 of the official secrets act. 1923 (act xix of 1923) read with chapters iv and xi, part ii of the rules of the high court at calcutta, appellate side, laving down general ..... bail. a bail application is a part or a continuation of the proceedings before a court against any person for an offence under this act and accordingly a prayer under section 14 of the act can be made, in connection with the hearing of such application, for excluding the public from the hearing. we agree with the .....
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