Court : Kolkata
Reported in : AIR1964Cal290,68CWN410
..... subramania pattar v. narayana nayar, ilr 24 mad 130. i find myself in respectful agreement with his lordship.77. in the case of mercantile bank of india ltd. v. central bank of india ltd. , a firm of merchants named c. k. narayana ayyar and sons, who were in the habit of purchasing ground-nuts from up-country growers and ..... are the incidents of a document of title and also what are the effects of placing a railway receipt in that category.49. section 103 of the indian contract act (act ix of 1872) in dealing with the seller's right to stop goods while they are in transit to the buyer used the expression 'instrument of title'. sections ..... brought either against the administration to which the goods were delivered by the consignor or against the-administration on whose railway the loss occurred. by section 72 of the act the responsibility of a railway administration for the loss, destruction or deterioration of the goods delivered to the administration to be carried by railway is, subject to the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal347,1964CriLJ151
..... person concerned in any such offence shall be liable to a penalty not exceeding one thousand rupees. 11. under section 8 (i) of the foreign exchange regulation act the central government may, by notification in the official gazette, order that, subject to such exemptions, if any, as may be contained in the notification no person shall ..... argument in detail it is necessary to note some provisions of the sea customs act and of the foreign exchange regulation act. there is no definition of 'goods' or 'person' in the sea customs act. under section 19 of the sea customs act the central government is authorised, by notification in the official gazette, to prohibit or restrict ..... of any specified description into or out of india across any customs frontier as defined by the central government. the offences under the act and the penalties prescribed thereunder are to be found itemised under section 167 of the sea customs act. under item (3) of the said section it is an offence for any person to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal572,1964CriLJ660,69CWN82
..... this matter. it was then ascertained from sri bakshi, sub-deputy. magistrate, krishnagar, that the responsibility in this matter was not mine and 1 was to act merely as a formal witness. thereupon i attested the inventory of articles,yours faithfully,a. k. mazumdar principal, krishnagar college,tosri a. k. majumdar, principal ..... and provide that such applications should be marked or headed 'special jurisdiction' with the subject-matter described as 'contempt of court'. but when the court acts suo motu and not on 'application' these rules do not strictly apply. the criminal bench of this court exercising criminal revisional jurisdiction is an appropriate bench ..... grant extension beyond 10/15 days withoutplacing the matter before the commissioner. in refusingthe extension himself the district magistrate himself vie-lated the rules and acted illegally and beyond his powers.in the second place, the rules of the circuit house donot authorise and permit the district magistrate to makea forcible .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal252
..... introduction of vague and undefined rules of justice, equity and good conscience because of the very specific provision of section 4 of the carriage by air act, 1934 which provides as follows: ''the central government may, by notification in the official gazette apply the rules contained in the first schedule and any provision of section 2 to such carriage by ..... father was well off and had a substantial income of his own and it was impossible for him to believe that the young son and not the wealthy father was financing the family. the learned trial judge rightly points out that no reliable evidence is on the record to prove whether the deceased had any regular income out of which ..... the actual loss and it may be the loss expected by reason of the death. but that does not certainly mean that the deceased must be found to be actually financing the beneficiaries. 130. we shall cite one more english decision and that is flint v. lovell, (1935) 1 k. b. 354 on the element of expectation of life. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal319,69CWN767
..... times, was duly in force in nepal and the defendant was incorporated under the said act. she denied that the plaintiffs' cause of action was in reality against a ruler of a foreign state or the state itself. no permission of the central government was necessary for the institution of the suit. the defendant had submitted to the ..... the sum of money claimed originally belonged to the nizam and was kept in deposit with the westminster bank, london. the account could be operated on by his finance minister and his agent general in london there being no ostensible limit to their authority. on the eve of the invasion of the state of hyderabad by indian troops ..... not for private acts, which has turned out to be a most elusive test. all admit exceptions. there is no uniform practice. there is no uniform rule'. according to his lordship the transaction between the finance minister of hyderabad and the foreign secretary of pakistan was more in the nature of a treaty than a contract or a trust. .....
Tag this Judgment!Court : Kolkata
Reported in : [1966]60ITR659(Cal)
..... firm as such would be the assessee and the firm may not be a person in the juristic sense, but the word 'person', according to the general clauses acts, both central as well as provincial, would include a firm. mr. pal has asked us further to accept the position that the firm did not cease to function as a ..... of the constitution ram gopal khemka and others against the union of india represented by the commissioner of income-tax.it is stated in the petition that messrs. industrial financing corporation was a partnership firm which carried on business during the years 1941-1953 at 37 royd street. it is further stated that during the assessment year 1949-1950 ..... of objection which is as follows :'that the original certificate being in the name of messrs. industrial financing corporation the substitution of your petitioners names in the same is illegal and beyond the express provision of the public demands recovery act.'mr. balai pal for the union asked us to hold that, if it was the case of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal512,70CWN520
..... .board meetings were held on 24-4-1962, 25-5-1962 and 31-7-1962 where at the important business transacted was the opening of an overdraftaccount with the central bank of india ltd. andthe allowance of cash credit facilities by the saidbank. according to the minute book producedby the petitioners there was a board meeting onfebruary 22, 1962 ..... light of them.' in this case the question for consideration before the court was the effect of the heading 'exception for banking or finance company providing capital' to paragraph 7 of schedule vii of the companies act of 1948. all the learned judges agreed that the scope of paragraph 7 in schedule vii was marked out by the heading.60. ..... not having a share capital, not less than one-fifth of the total number of its members'. 28. section 401 gives the central government a power comparable to that given by section 210 of the english act to the board of trade, to apply to the court for an order under section 397 or 398.29. section 402 specifies some .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal310
..... two printers on the basis of materials supplied by the government of india was no sale within the definition of sale in section 2, clause (g) of the bengal finance (sales-tax) act, 6 of 1941,and, therefore, not subject to the levy of sales-tax under section 4 thereof. 5. result : the printers were called upon to refund the amount ..... on demand of the sales-tax by the two printers opposite party, b.k. roy. manager, forms and press, by a letter dated march 12, 1943, captioned : 'government of india. central forms store, 166 dharamtala street. calcutta' informed boll) of them : 'as it has since been decided to pay sales-fax to the contractors, yon are requested to sub-suit your ..... claiming rs. 1,709--15 as--9 pies, on account of sales-tax, on the amount billed for and paid. 3. b. k. roy, the manager of the formsand press, central forms store, calcutta, government of india, passed for payment of the bills presented so. what was thus passed for was paid. 4. some twelve years later, that is to say .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal1,71CWN719
..... to time. 2. before i proceed further, it will be necessary to consider the provisions of the said act. the said act of 1958 was preceded by the government premises (eviction) act, 1950 (central act xxvii of 1950). this act was promulgated because government was faced with the fact that many of its properties came to be in the occupation ..... as all of them involve a matter of great public importance, pamely the vires of the public premises (eviction of unauthorised occupants) act. 1958 (central act 32 of 1968) (hereinafter referred to as the 'said act'). there has been a common argument in all these cases and the point of law being tht same, they will all be governed ..... section 124), in the public demand recovery act, (section 4 read with sections 9 and 10) in the bengal finance sales tax act, 1941 (section 14(3)) and in the land acquisition act (sections 4, 5a and 6), thika tenancy act (w. b. act 11 ot 1949) the bengal municipal act, and the calcutta municipal act 1951 under sec 12(1) of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal206,71CWN786,(1969)IILLJ640Cal
..... civil employees of the government of india same as the fundamental rules and dealt with certain matters which were not expressly dealt with in the fundamental rules the central government civil servant (classification, control and appeal) rules, 1957) came into operation on the 28th february 1957. these rules replaced (by ft. 34) the ..... force, viz., 1st january 1922, of the fundamental rules framed by the secretary of state under the government of india act. on the 29th november, 1921 the chairman of the finance and establishment committee gave a note stating that the government of india had issued a complete set of fundamental rules under section ..... employee of the commissioners could be dismissed from service without giving him a like opportunity. as regards civil servants however, there are special provisions contained in the central civil servant (classification, control and appeal) rules, 1957. the relevant rule is rule 18 and is set out below:'special procedure in certain cases. -- .....
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