Court : Kolkata
Reported in : 126Ind.Cas.135
..... documents are of the nature of transfers of interest in a policy and are chargeable with duty under some other heading in the schedule to the indian stamp act. accordingly, without taking steps with reference to any particular document or seeking to make any person liable for duty upon any particular document, the board of ..... which they issue marina insurance policies upon goods. accordingly, they have upon their policies to pay the stamp duty required by the schedule to the indian stamp act. this association has observed that, in the course if shipments to india, the policies of insurance or their equivalents sometimes take the form not of policies ..... to give them a neutral same, ought to be subjected to duty under the indian stamp act before they are allowed to operate in india, this question as been discussed in the correspondence between the association and the government of india, finance department (central revenues) as well as the government of bengal. various views have been .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal365
..... 6. the presumption of law arises only in the peculiar circumstances that are mentioned by the statute itself. in the present case the requirements of section 5 of the act have not been strictly complied with, and the magistrate has not said anywhere in the proceedings that in issuing the search warrant he was satisfied that the premises were ..... conclusion that the search warrant must have been issued because the magistrate was satisfied that the premises were a common gaming house as defined in section 1 of the act.5. i am clearly of opinion that in the process of reasoning that the learned sessions judge has adopted he has begged the very question he had to determine ..... presumption upon which the learned judge has relied really arises in the present case.4. the search warrant that was issued under the provisions of section 5 of the act did not state that the premises were used as a common gaming house; but it was stated therein that the user of the premises was for unauthorized race-gambling .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal782
..... company. they alleged that, as a matter of fact, the plaintiff was in sole charge of the finances of the defendant company and met all the expenses for the working and management of the company and that none of the directors handled the funds of the company ..... effect the purposes of such an instrument as this.11. in the next place, the evidence in this case that the company and all the three directors have acted under this agreement from the date thereof until the end of the year is overwhelming. the plaintiff has received all the moneys outstanding he has obtained constantly endorsements from ..... april 1928 had been entered into. they referred to its terms for a proper construction and denied that it conferred a charge but they claimed that they had acted faithfully in terms of the agreement and cooperated with the plaintiff to the fullest possible extent in realizing and collecting the bills and other moneys due to the defendant .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal561
..... does not carry us far. the position is that in law it was not impossible to make such grants without written instruments until 1882, but that since the registration act of 1865 such grants, if made by written instruments, would be invalid unless registered. the plaintiffs have adduced no proof of any registered instrument trenching upon the defendants' ..... conveyed to the lessee would be either nugatory, precarious or incomplete, it is clear in the absence of special contract that he could, under section 25, specific relief act, resist a claim for specific performance. that section treats a contract for the letting of property in the same way as a contract for sale. while it is ..... have been entitled not only to his chance of proving this, but to discovery of documents upon [that point.20. in 1882, when the transfer of property act was enacted in india, english experience had shown that the right to call for the lessor's title had been a source of unnecessary inconvenience and expense: and, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal281
..... propositions are deducible from the cases in england and elsewhere where english law prevails. they are of some assistance in determining the precise meaning of section 16, bengal ferries act.4. in india legislation was first had with respect to ferries in 1816 and regn. 19 of that year laid down rules for the better management of ferries. ..... & 17/18 miles whereas by land it was 1 & 1/2 miles and he accordingly acquitted the accused, holding that the distance contemplated by section 16, bengal ferries act, was the distance by river and not by land. it is against this order of acquittal that the present rule has been obtained, and the point for consideration is ..... the accused, who are four in number, were put on their trial before the deputy magistrate, pabna on charges under section 16 read with section 28, bengal ferries act, on the allegation that they were plying a private ferry at a place called simla or sakha without the sanction of the district magistrate within two miles of the public .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal638,129Ind.Cas.358
..... houses, and as they did not vacate the houses they were fined rs. 2 per diem until they carried out the order. that order was obviously ultra vires. the act does not provide that they should be ordered to vacate the houses but merely they should discontinue the use of the houses as brothels. the order of the magistrate therefore ..... the quarters up to this time. they had sufficient time to vacate the houses used by them as brothels. they are directed to carry out the orders under section 3, act 2 of 1907, within seven days.2. apparently therefore at that time the order was to vacate the house. on 24th april 1929 the magistrate passed the following order: ..... sentenced to pay a daily fine of rs. 2 a day each for not carrying out the orders passed against them under section 3, eastern bengal and assam disorderly houses act of 1907. the grounds on which the rule has been issued are : first, that the notices upon which the present order is based being ultra vire9 and without jurisdiction .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1931Cal29
..... 14, schedule 1, lim. act, their lordships desire to observe that this suit is not brought for the purpose of setting, aside any order of the revenue court; it is simply an action ..... kuer a.i.r. 1926 p.c. 60. there also the suit was against an order effecting partition and the question of limitation under article 14, lim. act, was raised. their lordships made the following observations:with regard to the objection put forward by counsel for the respondents that the plaintiff's suit is barred under article ..... a suit for declaration of title and for permanent injunction restraining the defendant from taking possession of certain lands allotted to him under proceedings taken under the estates partition act of 1897 b. c. the facts are that touzi. no. 4342 mauza jabra which was under partition by the collector of dacca comprises two chaks, banda tan .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1931Cal5
..... who appears for the petitioners contends that the landlords cannot be said to have permitted the premises to be used for the purposes in contravention of section 386, calcutta municipal act. as far as i can see this contention is well founded. the facts are that the premises have been let to pradumna misser and he has used them for certain ..... case out of which this rule has arisen the two petitioners, nanda lal roy and pulin krishna roy, were fined rs. 50 each under section 386(1) (c), calcutta municipal act. for permitting certain premises, namely no. 37, chittaranjan avenue south, to be used for the purpose of keeping cattle and horses for hire, for sale and for the sale of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal444
..... s construction is by no means to be summarily rejected and has further argued that on the evidence on record there is no case for action under section 34, police act, inasmuch as there is no evidence of any obstruction, inconvenience, annoyance, risk, danger of damage, or resistance of passengers. he has, therefore, submitted that it was ..... the offence is committed. the section is, however, silent as to whether, 'making water,' in similar circumstances is an offence or not. the question is, therefore, whether the act of making water is, or is not covered by the term 'easing himself.' i am definitely of opinion that it is not covered thereby. 'easing oneself' means, 'evacuating ..... set out herein a short extract from the judgment of the learned sessions judge, mr. patterson, dealing with this question. the sessions judge observes as follows:the act in respect of which chauthmall was arrested by the constable was that of making water by the side of the public road, and the only point that has .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal410
..... date an assessment was made by the income-tax officer under clause (4), section 23, in default of the filing of return. it is quite clear under the income-tax act, that, although an assessee is late in filing his return, nevertheless if he does file it; before the assessment is actually made; the return has to be considered and dealt ..... rankin, c.j.1. the assessee in this case received a notice under sub-section (2), section 22, income-tax act, requiring him to lodge a return of his income by 2nd june 1927, no return was filed by that date; but, on 4th june, the assessee filed an application through .....
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