Court : Kolkata
Decided on : Mar-10-1949
Reported in : AIR1950Cal230
..... the plot of land situated at premises no. 235/1, bowbazar street, calcutta. it is not in evidence that the system mentioned in section 2 of the ordinance or section 2 (5) of the act prevails in the bowbazar street locality of the town of calcutta, then it was a lease for at first a fixed period of 10 years ..... a thika tenant. mr. mitter contends that it should follow as a matter of legal construction and interpretation of calcutta thika tenancy act or ordinance and the definition as provided under section 2 (5), of that act or section 2 of the ordinance. in my judgment, it is not a matter of legal interpretation or construction, but is a question of ..... .4. mr. mitter contends that the defendant comes within the scope of the calcutta thika tenancy act, 1949 and this court has no jurisdiction to determine this suit having regard to section 29 of that act. he relies on section 2 (5) of the act which defines thika tenant in the following terms:'thika tenant' means any person who under the system .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-08-1949
Reported in : AIR1952Cal391
..... advance which may be the agreement of parties.12. the construction which i adopt is in accord with the definition of the word 'rent' under section 105, t. p. act. rent under section 105, t.p. act means a consideration of a price paid or promised or of money, etc., 'to be rendered periodically or on specified occasions.' one of the ..... rent but in fact in the nature of security for payment of such periodic sum.11. if this were not the construction then while under sub sections (a) & (b) of section 14 of the act, the tenant will obtain immunity from ejectment by paying only the standard rent (which can be a monthly concept as a reference to the statute & ..... rent' arises in this case. in my opinion on a proper construction the words 'the rent agreed upon between the landlord & the tenant' in the context of section 14 of the act & particularly having regard to the question of standard rent stated therein mean the specific & periodic sum that is payable by the tenant & does not mean deposits or .....
Tag this Judgment!Court : Chennai
Decided on : Sep-02-1949
Reported in : AIR1950Mad145
..... is guilty of an offence under section 4 (l) (a) of the act. the object of the act as the preamble shows, is to prohibit the consumption of intoxicating liquor. it is not suggested that the ..... finding of the lower court is that it is varnish. the government have no doubt not exempted this from the purview of the act. but the learned crown prosecutor, under instructions from government states that it is not the intention of the government that there should be ..... gallons of varnish was found. this varnish contains denatured spirit and therefore it comes within the definition of liquor in the act. the lower court finds that the liquid is not drinkable and is not fit for consumption. the question is whether the accused ..... ordersomasundaram, j.1. the accused has been convicted by the chief presidency magistrate under section 4 (l) (a), madras prohibition act and sentenced to pay a fine of rs. 50.2. the accused is a carpenter and .....
Tag this Judgment!Court : Chennai
Decided on : Oct-26-1949
Reported in : AIR1950Mad320
..... succeeded in the court below.2. it is argued for the appellant that the mother does not satisfy the definition of 'guardian' in section 4, sub-section (2), guardians and wards act and that her petition under section 25 of the act is not therefore maintainable. the point made is that she is not a person in truth and in fact having the care of ..... argued next that a de jure guardian not proved at one time to have had the physical care or custody of the girl, is not entitled to apply under section 25 of the act complaining of removal and asking for return of the ward to the applicant's custody. there again the same ruling is in point and adverse to the appellant ..... deliver the child to its natural guardian when asked to do so by the latter amounts in effect to a removal from his custody and be can therefore apply under section 25 of the act.4. it is lastly argued that although the welfare of the child is the paramount factor for the consideration of the court as made clear by .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-18-1949
Reported in : AIR1950Cal196
..... a sale of the choukidari chakran lands under the provisions of section 55, village choukidari act.5. the first contention turns on the provisions of section 54, village choukidari act, 1870, and sections 6 and 13, bengal land revenue sales act.6. section 54, village choukidari act, 1870, states that whenever an assessment has been made in respect ..... khirod chandra : air1942cal173 . judged by the above principles it cannot be said that the description of the property sold in the notification under section 6, bengal land revenue sales act, 1859, was such as to vitiate the sale. the first contention raised on behalf of the appellant must therefore fail.8. the second ..... of the plaintiff appellant has contended in the first place that there was misdescription both in the requisition under section 54, village choukidari act 1870 and in the notification under section 6, bengal land revenue sales act, 1859, and the misdescription was such as to justify the plaintiffs' prayer for a reversal of the .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-22-1949
Reported in : AIR1950Cal487
..... of the general body of creditors.' 18. the extreme contention as urged on behalf of the plaintiff that after an order for discharge under sub-section (2) of section 44, provincial insolvency act, the receiver in insolvency becomes functus officio, must be overruled. it is, however, further contended that in view of the special circumstances of this ..... the time when the petition for adjudication was filed vested in the court for distribution amongst the creditors. 8. 'property' is defined for the purposes of this act under section 2(1)(d) in the following terms : 'property includes any property over which or the profits of which any person has a disposing power which he ..... which were being paid by the tenants from a portion of the said properties. on 13th september 1941 the insolvent made an application for discharge under section 41 of the act. this application was not disposed of till about one year later. in the meantime, on 5th december 1941, the learned judge held that the insolvent .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-25-1949
Reported in : AIR1952Cal378
..... is not required at any earlier stage to pass any judicial order as when allowing an appeal to be filed beyond the period of limitation after exercising discretion under section 5, limitation act. 14. we are of opinion that use of the word 'admitted' was intentional & the legislature provided for the deposit of the money to be in time if ..... . j. along with a petn. stating that the applt. had not been able to collect the amount required to be deposited under the proviso to sub section(s) of section 174, bengal tenancy act. the form in which the prayer was made was that the admission of appeal may be put off for a month. this petition was ordered by the ..... the concluding words namely 'no such appeal shall be admitted unless the appellant deposits such amount in court'.3. the application filed by the judgment-debtor under section 174 (8) of the act was disposed of by the subordinate judge by an order dated 10-5-1948, dismissing the same. after allowing time taken for obtaining a certified copy of .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!