Court : Kolkata
Reported in : AIR1959Cal500,1959CriLJ965,63CWN628
..... have since found that there are similar provisions in section 29 of the central excises and salt act (1 of 1944), section 5 of the diplomatic and consular officers (oaths and fees) act (xli of 1948), section 7 of the foreign recruiting act, (iv of 1874), section 66 of the inland steam vessels act (1 of 1917), section 134 (1) of the railways act (act ix of 1890) and section 72 of the indian stamp act (act ii or 1890) ..... . the reason for the reference is the inconvenience that arises both to the prosecution and to the defence from the fact that although at the conspiracy trial evidence of the various overt acts may go in, the trial or trials for the various overt acts themselves, if they occur outside the territorial jurisdiction of the trying judge have to be taken up by one or more other courts having territorial jurisdiction, the inevitable consequence being a multiplicity ..... 'the lower court cannot be clothed with jurisdiction to try the charge of conspiracy merely because the conspiracy and different acts of cheating might form part of the same transaction and that the charges in respect of them might be tried together ..... an offence was committed, orwhere an offence is committed partly in one local area and partly in another, orwhere an offence is a continuing one, and continues to be committed in more local areas than one, orwhere it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal525,73CWN249,(1970)ILLJ70Cal
..... counsel for chatterjee contended that cadre meant post and secondly that chatterjee held the officiating post before he went to the foreign service andthirdly, that on a construction of fundamental rule 113 the authorities reduced chatterjee from that officiating post to his substantive post and it amounted to reduction. ..... with regard to promotion it will appear that ago and educational qualification prescribed for direct recruitment will not apply in the case of permanent employees eligible for promotion to upper division clerk. ..... it is only in the case of upper division clerks that 50 per cent is recurited by direct recruitment and 50 per cent is filled in by promotion on the principle of what is described as 'seniority-cum-fitness'. ..... the affidavit evidence makes it clear beyond any measure of doubt that the council is a society under the societies registration act and is not a part of the government. ..... in paragraph 4 of malhotra's affidavit it is stated that the council is a society registered under the societies registration act and it is an independent and autonomous body. ..... thirdly, chatterjee acted in an officiating capacity as a lower division clerk inthe drugs laboratory when he went to the service of the council. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal552,70CWN82
..... it was further argued that the question of a person's domicile becomes relevant not only for determining the question of a citizenship, but also for determining the question of succession to immovable property under partii the succession act, 1925, the mere fact at the appellant had made a declaration regarding his domicile, it was argued, could not confer upon him the right of permanent residence in india because such a declaration might equally be ..... , however, is of no assistance to the appellant in this appeal because we are not concerned in this appeal with the prosecution of the appellant under the foreigners act and the question of validity of his prosecution under the said act was not the subject matter of his petition under article 226 of the constitution, out of which this appeal arises.6. ..... party and to determine the respective rights of the contesting parties who were opposed to each other, there was a lis and prima facie it was the duty of the authority to act judicially and (2) if a statutory body had power to do any act which would prejudicially affect the subject, then although there were not two parties apart from the authority and the contest was between the authority proposing to make the ..... before the supreme court in that case was if the state of the punjab exercising its appellate jurisdiction under rule 6(6) of the punjab welfare officers recruitment and conditions of service rules, 1952, was a tribunal within the meaning of article 136(1) of the constitution. .....
Tag this Judgment!Court : Kolkata
Reported in : 1988(18)ECC180
..... such determination was made in a case where the constitutionality of bifurcation of state judicial service into two wings, that is civil and criminal, on the basis of separate rules governing recruitment and conditions of service was under consideration, apart from whether such bifurcation and rules would be violative of articles 14 and 16, and it has been observed by the supreme court, ..... by the manufacturer at an intermediate stage is not put in the market would not make any difference to the chargeability of the substance to excise duty if it is covered by an item in schedule i of the act, and therefore, if the manufacture of hydrogenated oils known as vanaspati from the raw materials, new substance has been brought into existence by the application of processes one or more of which are with the aid of power ..... , or (ii) by a hundred per cent export-oriented undertaking and allowed to be sold in india,shall be an amount equal to the aggregate of the duties of customs which would be leviable under section 12 of the customs act, 1962 (52 of 1962), on like goods produced or manufactured outside india if imported into india, and where the said duties of customs are chargeable by reference to their value, the value of such excisable goods shall, notwithstanding ..... this was a case whereby the provisions of punjab municipal corporation act, 1976, levy of tax was made on indian made foreign liquor at flat rate of rupee one per bottle and on the basis of the observations as above, it has .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal570
..... application under article 226 of the constitution of india for a writ in the nature of mandamus requiring the respondents to cancel the endorsement on the certificates of seamen regarding their unfitness for services in foreign vessels and to refrain from holding pre-entry medical examinations of seamen or making endorsements on their certificates as a result thereof and also for a writ in the nature of quo warranto requiring the ..... showing cause has stated in his affidavit that as the medical examination by doctors appointed by shipping companies proved to be unsatisfactory and complaints and adverse comments were pouring in from foreign countries as to the poor quality and physique of indian seamen the shipowners and the seafarers' federation have agreed to the system of pre-entry medical examination and the shipowners have ..... further contended that the petitioners are not entitled to the reliefs asked for as the respondents do not purport to act under the sanction of any statute, and reliance is placed on the decision of the judicial committee reported in ..... provisions of the indian merchant shipping act, the shipping master of the port of calcutta has certain prescribed duties and functions to perform, in respect, of the employment of seamen in foreign going vessels. ..... this system of recruitment was in vogue till march 1950 when respondent 1 who holds the post of port health officer, calcutta, purporting to designate himself as officer, pre-entry medical examination of seamen, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal504
..... tribunal that the appeal involved substantial question of law as to (a) whether the application under section 33a was maintainable; (b) whether the tribunal had properly construed the standing order; (c) whether the tribunal had not acted contrary to law and the fundamental principles of justice in drawing inferences from an alleged discussion which form no part of the record of proceedings before the tribunal; (d) whether there was any evidence before the tribunal to justify ..... the conclusion that the company's management had not acted bona fide or that it was a case of victimisation; (e) whether the alleged copy of the letter dated 30th june 1953 was not inadmissible in evidence and (f) whether the tribunal had not erred in law in admitting in evidence ..... in this case the question that arose for consideration was whether the state of punjab exercising its appellate jurisdiction under rule 6(6) of the punjab welfare officers recruitment and conditions of service rules, 1952 is a tribunal within the meaning of article 136 of the constitution. ..... that kind of procedure to my mind is unwarranted by the statute and is foreign to a democratic constitution.'16. .....
Tag this Judgment!Court : Kolkata
Reported in : (1967)ILLJ483Cal
..... tribunal that the appeal involved substantial question of law as to(a) whether the application under section 33a was maintainable;(b) whether the tribunal had properly construed the standing order;(c) whether the tribunal had not acted contrary to law and the fundamental principles of justice in drawing inferences from an alleged discussion which form no part of the record of proceedings before the tribunal;(d) whether there was any evidence before the tribunal to justify ..... the conclusion that the company's management had not acted bona fide or that it was a case of victimization;(e) whether the alleged copy of the letter dated 30 june 1953 was not inadmissible in evidence; and(f) whether the tribunal had not erred in law in admitting in evidence the ..... in this case the question that arose for consideration was whether the state of punjab exercising its appellate jurisdiction under rule 6(6) of the punjab welfare officers (recruitment and conditions of service) rules, 1952, is a tribunal within the meaning of article 136 of the constitution. ..... that kind of procedure, to my mind, is unwarranted by statute and is foreign to a democratic constitution.15. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal141
..... roy on behalf of the defendant next contended that consideration for this assignment was not proved and the policy being 'security' within the meaning of the pakistan foreign exchange act 1947 the assignment contravened section 13(b) of the pakistan foreign exchange regulation act which prohibits transfer of 'security' without general or special permission of the state bank of pakistan in favour of a person resident outside pakistan. ..... there is no substance also in the defendant's contention that it is liable to be penalised by the pakistan government if payment is made in india, pakistan foreign exchange regulation act has no application to the facts of this case, where an indian corporation is called upon by as indian national to perform an indian contract. ..... it is said that the assignment of the policy in suit is in contravention of the pakistan foreign exchange regulation act as it is 'security' within the meaning of section 13 of the said act which prohibits (except with general or special permission of the state bank of pakistan) transfer of a security or creation of transier of any interest in a... ..... aznar, (1920) 2 kb 287 which decided'where a contract required an act to be done in a foreign country it is in the absence of any special circumstances an implied term of the continuing validity of such a provision that the act to be done in the foreign country shall not he illegal by the law of that country. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal666,[1961]31CompCas287(Cal),65CWN99
..... misconception of the true nature and character of & banking business.reliance is placed by the learned counsel for the appellant company on the definition of the word 'banking' as given in section 5 (1) (b) of the banking companies act, 1949, which is as follows:' 'banking' means the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise. ..... with the view that this would be the case if isolated loans were taken by a society with power to borrow, but in my opinion the acts of the society had brought it entirely beyond that stage, and for good or evil it must be taken to have been carrying on business ..... other kindred i activities but if the essential characteristic of banking, namely, the power to receive deposits from the public which are repayable in the manner indicated in section 5 (1) (b) of the banking companies act is absent and merely the power of granting loans is retained and exercised that, in my view, does not make the company a banking company. ..... so ciety was formed under the building societies act, 1836 in the year 1851 and it was never registered under the building societies act, 1874. ..... , that borrowing and investing are but two branches of a banking business, and that a building society conducting a banking business in all its branches, including the discounting of bills is conducting a business quite foreign to the business of a building society. .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(3)CHN447,2005(30)PTC140(Cal)
..... (5) notwithstanding anything contained in sub-section (2), the date of expiration of the copyright in the designs registered before the commencement of this shall, subject to the provisions of this act, be the date immediately after the period of five years for which it was registered or the date immediately after the period of five years for which the extension of the period of copyright ..... , the power of hindu executor to transfer the testator's estate came up for consideration and section 31 of administrator-generals act, 1874 fell for interpretation by the court ..... reported in 59 itr 590, a division bench of calcutta high court, while dealing with the question of application of section 6 of general clauses act, came to the conclusion that section 6 will apply if there is no saving clause in the repealing enactment or unless a different intention appears ..... lal saraf, reported in : [1959]1scr1350 , the hon'ble supreme court was dealing with the provisions of section 72 of the contract act and in doing so, the learned judges again approved the dictum of lord herschell in bank of england in paragraph 17 of the judgment ..... reported in 1995(1) scc 105, the hon'ble supreme court was construing the provisions of partial but express repeal of delhi rent control act and while doing so the learned judges took into consideration the judgment of chief justice tindal in ray v ..... such roller is manufactured by foreign companies like jin hwa of taiwan and dornbusch gravuren gmbh of germany, keller .....
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