Court : Kolkata
Decided on : Apr-21-1972
Reported in : AIR1972Cal487,76CWN971
..... according to the supreme court is acquisition for public purposes. and it is discriminatory to provide that solatium shall be given for one land acquired under the land acquisition act and would not be given for a neighbouring land acquired under a different statute although both the lands are being acquired for public purposes.6. there is one other ..... is now available. he has stated that the lands were not on the date of the publication of the notification under sub-section (1) of section 4 of the act (that is on the 19th july. 1962), in the same state as they were on the 31st december, 1946 and that substantial improvement or development was made after that ..... re-levant for determining the effect of sub-section (2) of section 8.4. in the dy. commr. and collector, kamrup v. durganath sarma, : [1968]1scr561 the assam acquisition of land for flood control and prevention of erosion act 1955 was considered. the supreme court has said that in the state of assam some land may be taken under assam .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-17-1972
Reported in : AIR1972Cal366,76CWN797
..... and to refund fifty per cent thereof was unconstitutional. the supreme court in its later decision in state of madhya pradesh v. ranojirao shinde, : [1968]3scr489 considered this question again and held that choses in action and money could not be acquired under article 31(2), hegde j., gave two reasons. ..... fisheries (requisition and acquisition) aet are illusory and these provisions lay down irrelevant principles for determination of compensation. the petitioners have further contended that the act confers power upon the executive to assess the compensation and the persons interested have no right to move the civil court against such award of compensation ..... unable to hold that provision for requisition of the fish along with the fishery comes within the mischief of the aforesaid dicta. after constitution (seventh amendment) act, 'acquisition and requisitioning of property' have been included in the entry no. 42 of schedule iii of the constitution. therefore the west bengal state legislature .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-11-1972
Reported in : AIR1972Cal489
..... proposed lessee. with regard to the question of removal of the deity at the temple at no. 98, manicktolla main road, mr. baneriee submitted that de-requisitioning was made in 1968. long time passed since then and after such a length of time when the suit is likely to be heard soon, it cannot be said that before the hearing of ..... . third edition, at page 198 and submitted that when there are more sebaits than one, they constitute one body in the eye of law and all of them must act together. it is not competent for one of the sebaits to do anything in relation to the debutter estate without the concurrence either express or implied of his co-sebaits ..... the purpose of this application no receiver's meeting need be called, neither fatick chand seal as receiver is a necessary party to this application. the receiver was directed to act in terms of the scheme. the receiver is carrying on management in terms of the scheme. he said that the trustees and sebaits decided in a meeting that 10 bighas .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-30-1972
Reported in : AIR1973Cal119
..... 1971. the solicitors for the defendants informed the petitioner's solicitors that one of the sons qf defendant no. 6, namely. motilal tapuria also died on april 27, 1968 leaving sm. mohini tapuria, debi prosad tapuria, sm. monorama birla krishna mohta and sm. madhurika maheswari as his heirs and legal representatives, thereafter, this summons was taken ..... the mistake stated in the petition was his mistake.5. mr. anindya mrtra. submitted as follows :-- under section 6 (explana-tion ii) of the hindu succession act. 1956 the heirs of motilal tapuria who separated from his father rai bahadur mantu-ram tapuria before his death are not heirs of the deceased defendant rai bahadur ..... were being conducted 'in a manner preiudi-cial to the public interest.' the court in the exercise of the powers given under section 402 of the companies act. 1956 appointed an officer to regulate the conduct of the company's affiairs and such officer committed mistake. there is great force in the submissions made by .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-28-1972
Reported in : AIR1973Cal220
..... the chief commissioner was obtained, nor was there anything to show that the chief commissioner had made the order. there was a letter from the under-secretary, finance department, in which it was stated that the chief commissioner had made the order. it was held that there was no valid order, granting the l-2 ..... reversion was to find out if the civil servant's future chances of promotion were affected. this decision again was reversed on appeal by the division bench in : (1968)illj633cal . mr. basak submitted that the foundation of the trial court's conclusion were the two decisions mentioned above, both of which were over-ruled on appeal. ..... list of persons fit for confirmation in the rank of assistant commissioner of police. thereafter he was posted to the bengal police on the 30th january. 1954, to act as the deputy superintendent of police. enforcement branch. midnapore. the respondent joined the post as temporary deputy superintendent of police at midnapore on the 10th february, 1954. .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-22-1972
Reported in : AIR1972Cal411,77CWN483
..... is destructive of the principle of monetary compensation and ascertainment of proper value of land and structure. mr. banerjee further submits that all the rent restriction ordinances and acts up to 1956 were of temporary duration. it is, therefore, improper for the legislature to fix rents on such artificial considerations with respect to past or future ..... in so far as they laid down that in certain circumstances a tenant would be deemed to be a permanent tenant from the date of the taluqdari abolition act, 1949, adversely affected the right of the petitioner with retrospective effect. this is again a case in which certain provisions were considered to be unconstitutional on ..... sought to be achieved by the statute in question. what is necessary is that there must be a nexus between the basis of classification and the object of the act under consideration (vide ram krishna dalrnia v. s. r. tendolkar, : [1959]1scr279 23. in the instant case owing to large influx of population necessitating new .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-17-1972
Reported in : AIR1973Cal465
..... whether the plaintiff can be said to be the 'holder' of the promissory notes, it is necessary to consider sections 8, 78, 81 and 82 of the negotiable instruments act (act 26 of 1881). section -- 8the 'holder' of a promissory note, bill of exchange or cheque means any person entitled in his own name to the possession thereof and to ..... . this decision of the punjab high court does not help dr. das under the facts of this case. on this point dr. das cited another case reported in : [1968]3scr862 , (gopal krishnaji ketkar v. mahamed haji latif). the appellant made an application to the deputy charity officer, greater bombay region under section 18 of the bombay public trust ..... should have been called to disprove the defendant's case. in my view, there is no question of invoking presumption of section 114, illustration (g) of the indian evidence act and the principles laid down in the said privy council decision, cannot apply in this case.11. the next case cited by dr. das is (1970) 74 cal wn .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-16-1972
Reported in : AIR1972Cal417,[1975]98ITR273(Cal)
..... for failure to pay the tax assessed and demanded within the time allowed by the act.5. thereupon the rule was obtained by the appellant on august 20, 1968 calling upon the, respondents to show cause why the aforesaid order of assessment, the demand for tax, the notice for showing cause why ..... by way of deductions which were given effect to by the respondent income-tax officer under section 250 of 1961 act in the order of assessment. no further appeals were taken by the petitioner to the tribunal.4. on june 28, 1968, a challan was issued for realisation of the tax on the basis of the modified assessment and on july 18 ..... , 1969 the respondent income-tax officer issued a notice under section 221 of 1961 act on the appellant to show cause why a penalty should not be imposed .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-15-1972
Reported in : [1973]30STC482(Cal)
..... , 1966, no order has been made thereon. the petitioner was served with the notice under section 9 of the central sales tax act read with section 11(2) of the bengal finance (sales tax) act, 1941, stating that the petitioner has failed to get himself registered though in fact, the petitioner applied for registration on 9th july, ..... j.1. this rule is directed against a notice under section 12(2) of the bengal finance (sales tax) act, 1941, as also the notice under section 9 of the central sales tax act read with section 11 (2) of the bengal finance (sales tax) act, 1941, for assessment for the period between 8th july, 1966, and 30th september, 1967. ..... 1966, which was rejected and again applied on 10th november, 1966, upon which no order has yet been made. on 18th january, 1968, and on 12th february, 1968, the petitioner .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-14-1972
Reported in : AIR1972Cal372
..... and if he was serious, he would have made his application for the proposed amendment much earlier, as the suit appeared in the peremptory list from time to time since 1968. it is denied that the proposed amendment did not find any place in the original written statement due to inadvertence or mistake. it is stated that the applicant has come ..... by any narrow or technical limitation. the court always grants leave to amend the pleading of a party unless it is satisfied that the party applying was acting mala fide or that by his acts he had caused injury to his opponent which may not be compensated by an order for costs. however negligent or careless may have been the first omission ..... minutes, on usual undertaking of the applicant's solicitors to have the order drawn up and completed. order to be drawn up expeditiously. all parties concerned including the department to act on a signed copy of the minute. suit to appear in the peremptory list 6 weeks from this date. certified for counsel.
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