Court : Kolkata
Decided on : Jul-07-1989
Reported in : 1990CriLJ228
..... this power should be invoked, but not otherwise.24. in that view of the matter, i hold the publication not to be within the ambit of section 2(e)(iii) of the contempt of courts act, though, however, the language used could have been better, polite and sober rather than the one which has been used by the writers of the ..... justice : and (b) lowering the dignity of this court. incidentally the above-noted two counts fall within the definition of criminal contempt in terms of section 2(c)(iii) of the contempt of courts act, 1971. the issue, therefore, before this court is as to whether these articles in fact scandalised or lowered the authority of court or there is any ..... 1295.relying thereon, however, it was contended that the court must come to a definite finding, in order to bring home the charge of contempt within the meaning of section 2(c)(iii), that the court's decision was affected by reason of the publication. whilst on this aspect of the matter, the speech of viscount dilhorne in the .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-12-1989
Reported in : 1989(24)ECC190,1989(43)ELT404(Cal)
..... force in the argument that the searches were made illegally. the dispute has arisen as to whether the petitioners are actually manufacturing within the definition of section 2(f) of the act (in question) or the petitioners have undertaken only the job work. notice to sho cause has been given. the petitioner was given ample opportunities to ..... then was) found that the conversion of pure lead or lead ingots into suboxide and lead monoxide does not amount to manufacture as envisaged by section 2(f) of the central excise act. it was found that la is well settled that when an article undergoes a manufacturing process, a ne or different article emerges having a ..... 29)elt751(sc) (lathia industrial supplies co. pvt. ltlector of central excise, baroda) where the apex court of the country has found that section 2(f) of the central excises and salt act, 1944 defines 'manufacture' and fixation of cut off date by excise authorities for which re rubberising and re lining of old and used vessels would .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-13-1989
Reported in : AIR1990Cal86
..... a right to continue in possession after the termination of the tenancy his possession is juridical and that possession is protected by statute. under section 9 of the specific relief act a tenant who has ceased to be a tenant may sue for possession against his landlord if the landlord deprives him of possession otherwise than ..... gaya property) had vested in the custodian of evacuee property, and that the said properties had been declared to be evacuee property.21. section 41 of the administration of evacuee property act, 1950 states that every transaction in respect of the property declared to be evacuee property shall be void, unless entered into by or ..... this connection reference was made to the provisions of s. 11 of the administration of evacuee property act, 1950 which came in effect on and from april 1950 and this act repealed the bihar ordinance. section 11 of the said act is as follows :'special provisions with respect to certain trust properties -- where any evacuee property which .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-19-1989
Reported in : I(1990)DMC391
..... decree passed by the additional district judge, 14th court, alipore dated 19th december 1985 dismissing the petitioner-appellant's suit for divorce under section 13 of the hindu marriage act. the petitioner husband has brought the matrimonial action of divorce against the respondent wife stating the following facts.the petitioner was married to the ..... (iii) and as the respondent is suffering from such disorder the appellant-petitioner is entitled to obtain divorce under clause (iii) of section 13(1) of the hindu marriage act. he has further submitted that the psychopathic disorder is such an abnormality of mind which may or may not require medical treatment, that ..... : air1982cal138 where it has been held that the petitioner has to prove two elements in order to obtain the decree for divorce under section 13(1)(iii) of the hindu marriage act; firstly, the party concerned must be of unsound mind or intermittently suffering from schizophrenia or mental disorder and secondly, that the disease .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-21-1989
Reported in : (1989)2CALLT283(HC)
..... the personnel manager and the security officer and submitted that this particular affidavit must not be entertained by the court. he further contended that section 34 of the specific relief act does not help the petitioner at all where no prayer for setting aside the election or to declare the election of the new executive committee ..... 13 as they had already started functioning as the new executive committee. also the learned judge's finding includes that the suit is hit by section 34 of the specific relief act apart from delay in filing the suit. the learned counsel further submitted that the learned judge did not consider the materials on record that except ..... with the company which recognised it on 18th august, 1988 and a bipartite settlements was executed on 18th august itself. in view of the section 34 of the specific relief act the prayer for interim order cannot be granted to the plaintiff-petitioner as the old executive committee has already been removed and the said executive .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-25-1989
Reported in : AIR1991Cal3
..... between the parties, has a tradition in india. it has a social purpose to fulfil today. it has a great urgency today when there has been an explosion of litigation in the courts of law established by the sovereign power, new rights created, or awareness of these rights the erosion of faith in the intrinsic sense ..... norms which will create confidence, not only by doing justice between the parties, but by creating a sense that justice appears to have been done. sections 30 and 33 of the act provide for the grounds on which an award of the arbitrator can be set aside. these were mainly, until recent changes made by statutory laws in ..... should be condemned unheard or without representation. it was necessary to do that because the arbitrators are not strictly courts of law guided by the civil procedure code and evidence act laying down massive details of procedure.in the absence of any procedure, prescribed either by statute or by contract, the arbitrators must follow the principles of natural .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-26-1989
Reported in : [1990]69CompCas442(Cal),94CWN412
..... to do so, such non-compliance is ordinarily complete on the expiry of the period and is not a continuing offence. that was a case under the mines act, 1952, section 66 whereof enjoined submission of the annual return within the time prescribed and the supreme court rules (at p. 910) that since the relevant 'regulation does not ..... out any adequate reasons as to how those two decisions, under two other different enactments, could lead us to hold that the offences under section 162(1) and section 220(3) of the companies act are not continuing offences. no notice at all appears to have been taken of the observation in deokaran nenshi, : 1973crilj347 that a continuing offence ..... long it continues, the continuance of the default would be a 'continuing offence'.7. if that is so, then, looking at the provisions of section 162(1) and section 220(3) of the companies act, it would, in our view, be legitimate to hold that the offence punishable thereunder is and has been made a continuing one. as already .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-27-1989
Reported in : (1990)2CALLT261(HC)
..... lower instatus than that occupied by the head of thedepartment.................. member'.12. it is at this juncture that section 25 of the institute of technology act, 1961 (act 59 of 1961) ought to be noted. section 25 prescribes that all appointments on the staff of any institute except that of the director shall be ..... appearing for the petitioner strongly commented on the constitution of the selection committee and the method of appointment of the members of selection committee.11. the act of 1961 conferred power on the institute to frame the statutes in pursuance whereof the institute has in fact framed the indian institute of technology, ..... aeronautical engineering at the indian institute of technology, kharagpur. the institute is a body corporate and has been incorporated under the provisions of institute of technology act, 1961. the body corporate apart from the institute at kharagpur also has other institutes at delhi, bombay, kanpur and madras. the institute at kharagpur consists .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-28-1989
Reported in : (1991)1CALLT198(HC),[1991]70CompCas248(Cal),1991CriLJ828,94CWN723
..... as is usual with all definitions, and as is expressly provided both in article 367(1) of the constitution as well as section 3 of the general clauses act, the definition in section 3(42) of the act would apply to make the expression 'person' include a company, provided there is nothing in the subject or context to rule ..... and, therefore, it could never be in the contemplation of law that a body corporate would or could give oral evidence as defined in section 3 read with section 60 and section 119 of the evidence act.6. it may, however, be conceded that a body corporate may nevertheless be summoned to produce documents which would be 'documentary evidence'. ..... interpreted to mean 'to furnish evidence' and a company is certainly capable of furnishing documentary evidence against itself.' as we have already seen, though, under section 139 of the evidence act, a person summoned to produce a document does not thereby become a witness, the supreme court in m.p. sharma, : 1978(2)elt287(sc) ruled .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-31-1989
Reported in : (1989)2CALLT259(HC)
..... of opinion which would be evident from the fact that the purported order of requsition was in respect of holding no. 7 mukhram kanoria road under section 3 of act ii of 1948. different portions of the said holding are in occupation of different persons as tenants and the petitioners are some of those tenants. several ..... in the case of dr. nilkamal bez barau reported in : air1982cal509 , the division bench in paragraph 14 thereof observed as follows :'on the other hand section 3(1) of the act does not lay down as such conditions precedent to the exercise of the power of requisition. even if it be assumed that requisition implies immediacy or urgency ..... who are 13 in number moved the joint writ petition carry on business. the petitioners are all tax payers and pay municipal corporation tax under section 102 of the howrah municipal act, 1980. the petitioners recently stopped payment of tax after passing of the order of requisition and the petitioners reasonably apprehended that it would be .....
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