Court : Kolkata
Decided on : Aug-03-1972
Reported in : AIR1973Cal339,78CWN19
..... to the case of tenants in common. the same view has been taken by a learned single judge of the kerala high court in valiyaveettil konnappan v. kunniyil manikkam air 1968 ker 229.15. in the instant case, the notice to quit is addressed to all the defendants and it was served on some of the defendants. for the reasons ..... of inheritance, and the interest of the lessor and the lessee after their death vest in their heirs, executors or devisees. this is not so expressly stated in the act for the act does not deal with the subject of succession. a person who obtains a share of a leasehold either by assignment or by inheritance becomes a co-tenant in the ..... as joint tenants. there is also no doubt that the estate of a lessee or a monthly tenancy is property within the meaning of section 19 of the hindu succession act. the defendants, therefore, inherited the property, namely, the monthly tenancy of their predecessor-in-interest as tenants in common and not as joint tenants. at this stage, it will .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-03-1972
Reported in : AIR1973Cal537,77CWN207
..... strongly relied on clause (8t of section 35. section 35 is as follows :--'35. the works to be constructed and carried out by commissioners under the provisions of this act may include-(1) docks, wharves, quays, stages, jellies and piers, within the port, with all necessary and convenient arches, drains, landing-places, shelters for passengers, ..... patna improvement trust v. shrimati lakshmi devi. : air1963sc1077 . in that case, the government of bihar issued a notification under section 4 of the land acquisition act proposing to acquire certain land in the city of patna at the expenses of the patna improvement trust for a public purpose. by another notification under section 4, ..... sponsored by the housing department of the u. p. government. the government of u. p. issued a notification under section 4 of the land acquisition act to the effect that two plots in dispute were required for the construction of tenements in the fourth phase of the subsidized industrial housing scheme sponsored by the .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-07-1972
Reported in : AIR1973Cal23,76CWN974
..... respondents are accordingly overruled.13. mr. chakravarti has contended that the respondents nos. 5 or 6 are being granted series of temporary licenses almost continuously since 1968 though each of such license is for short periods. this is practically granting permanent license to them by the district magistrate which is a colourable exercise of ..... on cinema shows to be held under the said license. imposition of such conditions or restrictions by such license as has been granted under the said act is envisaged in its section 3(1). the district magistrate while granting the impugned licenses, there is no dispute, has imposed no conditions or restrictions ..... the petitioners on their objection, the petitioners moved this court in constitutional writ jurisdiction praying for a writ in the nature of mandamus commanding the respondents to act and proceed in accordance with law, to rescind, withdraw or cancel the temporary indoor cinema license granted in favour of the respondents nos. 5 and .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-18-1972
Reported in : AIR1973Cal17
..... by the ministry of railways it is obvious on the annexure to the affidavit of sri tewari that the four increments were given on 1-9-1967. 1-7-1968. 1-10-1969 and 1-1-1971. of these four increments the last one was not in respect of collieries in bengal and bihar to which group the petitioners ..... each of the points raised.5. the impugned regulation had been made by the central government in exercise of its powers under section 57 of the mines act, 1952 (act 35 of 1952). this act was passed with a view to amending and consolidating the law relating to the regulation of labour and safety in mines, it is obvious that the ..... safety measure adopted to protect the workmen from avoidable physical injuries while working in the mines. upon the petitioners' own showing the board of conciliation constituted under the trade disputes act. 1926 made on recommendation as early as in may, 1947 that such a protective measure should be adopted. it, however, recommended that such footwear should be issued at .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-22-1972
Reported in : AIR1973Cal94
..... commissioner and as his prayer for assistance of a lawyer was disallowed, the petitioner obtained a rule in this court being c. r. 6414 (w) of 1968 which is pending. the petitioner's case that the above proceeding was initiated at the instance of sen gupta was supported in the affidavit-in-opposition and the ..... after investigation as was held in sakuntala bai v. venkatakrishna reddi, : air1952mad667 . in amrik singh v. state of pepsu, : 1955crilj865 it was held that only in respect of acts complained of which are directly concerned or integrally connected with the official duties, the sanction would be necessary. in matajog dobey v. h. c. bhari, : [1955]28itr941(sc) ..... it is a necessary and essential condition for taking cognizance by a court when the public servant has been accused of offence under section 409/109 while acting or purporting to act in discharge of official duly. reliance was placed on the decision in ajit kumar palit v. state of west bengal, : air1963sc765 in which the .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-25-1972
Reported in : AIR1973Cal91,77CWN14
..... respondent company were seized by the appellant no. 2. on 16th of may, 1968, the respondent moved this court on an application under article 226 of the constitution, ..... pursuance to an authorisation issued by the appellant no. 1 under section 105 of the act. in course of the said search, various books, papers, documents belonging to the ..... proceedings taken thereunder.2. the respondent is an existing company under the companies act, 1956, and has its registered office at 11, give row, calcutta. m/s. sahu jain ltd., has also its registered office in the said premises. on the nth of may, 1968, the appellant no. 2 along with several persons searched the said premises in .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-07-1972
Reported in : 1973CriLJ1246
..... letter of reference recommends that an order dated the 5th may. 1971 passed by sri r. n. saha magistrate, second class. ram-purhat. in g. r. case no. 147 of 1968 be set aside and that the learned magistrate be directed to take necessary-steps for enforcing the attendance of prosecution witnesses who accepted summons and then to dispose of the ..... examination of i. o. accused as before.3. the question involved is of considerable importance and general concern. after the amendment of the code of criminal procedure by the amending act xxvi of 1955. provision for a separate procedure exclusively for trial of warrant cases, instituted on a police report, has been made in section 251-a. cr.pc the object .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-25-1972
Reported in : (1973)ILLJ563Cal
..... corporation following warehousing corporation's case. mr. mukherjee has also drawn my attention to the decision of banerjee, j. in c. r. 6195(w) of 1968, ranjit kumar base and ors. v. damodar valley corporation and ors., in which following the decision of the indian airlines' case, it was held that ..... other decisions on the subject including those referred to above.13. the 'college code' framed by a statutory corporation-'the university-under powers conferred by the act is strikingly similar to the 'service' or 'staff' regulations framed by the statutory corporations referred to above under powers conferred by the respective statutes. ..... the damodar valley corporation service regulations, the relevant provisions whereof are quoted below:in exercise of the powers conferred by section 60 of the damodar valley corporation act, 1948 (xiv of 1948), the corporation hereby makes, with the previous sanction of the central government, the following regulations to govern the recruitment, condition of .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-26-1972
Reported in : 1973CriLJ1010
..... community.' mr. justice grover delivering the judgment of the court observed at page 1008 that 'for instance ground no. 1 (i) is that on march 28, 1968 the petitioner together with his associates committed theft of overhead traction wires including contact wire disrupting the train services in bongaon section for more than 7 hours. the grounds ..... ;now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (2) of section 3 of the maintenance of internal security act, 1971 (act 26 of 1971). i hereby make this order directing that the said shri goutam goswami be detained.given under my hand and seal of office.sd/- m. gupta ..... would be still in clear conflict with the contents of the two grounds appended thereafter. by and large the two incidents incorporated in the two grounds are acts prejudicial to the maintenance of supplies and services essential to the community and1 the same does not dovetail into the corrected1 ground which is 'maintenance of public order .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-29-1972
Reported in : [1973]32STC86(Cal)
..... order of assessment dated 15th december, 1967, under the bengal finance (sales tax) act, 1941. as a registered dealer, the petitioner is entitled to the benefits allowable under section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, and it is alleged that the petitioner is entitled ..... ., indian standard wagon co. ltd. and hooghly docking and engineering co. ltd., and wanted exemption under section 5(2)(a)(ii) of the act, which having been disallowed by the commercial tax officer, challenged the order, which ultimately went up to the supreme court. the supreme court held ..... , contended that water is not an essential ingredient for the said manufacture and tube-well is not a machinery within the meaning of the act. for the purpose of exemption under section 5(2)(a)(ii), mr. chowdhury relied upon the cases reported in the mining and chemical ..... petitioner.9. the judgment and order as made in civil revision case no. 4000(w) of 1968 shall govern the other rule, i. e., c. r. no. 4001 (w) of .....
Tag this Judgment!