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 : 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 : 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 : 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 : 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 : 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 : (1878)ILR3Cal64
..... by notification of the 16th april, 1874 see gazette of india, april 18th, the governor-general in council, under section 5 of act xxii of 1869, made certain alterations in the rules for the cossyah and jynteeah hills published under the notification of july 30th, 1872, by the lieutenant-governor of bengal, and republished the rules. ..... it is foreign to my present purpose to discuss that case; it is enough to show that the delegation relied on does not stand unquestioned, but that there is very high authority for doubting its validity. ..... i do not doubt that the governor-general in council is the only authority in india who can by legislation affect the jurisdiction of this court, i am not prepared to say that if the legislative council of the governor-general passes an act declaring that such rules affecting the jurisdiction as the lieutenant-governor may make shall have the effect of law, and if rules affecting the jurisdiction are thereupon made by the lieutenant-governor, the alteration ..... going on in this country, and in england with reference to this country, for the last forty years, it appears to me that the imperial legislature have themselves put a construction upon the councils' act, which (so long as it is not inconsistent with the language of the act itself we are bound in duty to adopt, however much it may be opposed to our first impressions; and i quite think also, that every reasonable intendment, which can legally be made by this court .....
Tag this Judgment!Court : Kolkata
Reported in : (1880)ILR5Cal86
..... what the court is in which the proceedings are sought to be restrained, provided the party sought to be restrained is amenable to the jurisdiction and is capable of being acted on by the process of contempt of court; and the extension of the jurisdiction of equity to stay proceedings in other courts, besides courts of common law and in foreign courts as well as in courts within the jurisdiction of the court of chancery, becomes, when considered in reference to the principle stated, as rational and intelligible as it ..... to the order made by the court, can now maintain this suit for the purpose of relieving themselves from that order; and(2) whether the suit is barred under article 15 of the limitation act, not having been brought within a year from the time when the order was made.4. ..... means in their power of negativing its effect,--1st, by objecting to the application which was made by the defendants to enforce it by execution, and 2ndly, by applying to this court under section 15 of the charter act to set aside the order upon they ground that the court had no right to make it. ..... he then applied to this court, under section 15 of the charter act, to set aside the order under which the agra bank was substituted for the original judgment-debtors, on the ground that the court had no jurisdiction to make such an order; ..... in december 1874, the defendants applied to execute the decree against the agra bank; and on this occasion the manager of the bank opposed the application: this opposition .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR6Cal715
morris, j1. we think that this appeal must prevail upon the authority of the decisions which have been quoted to us, viz., mohidin v. muhammad ibrahim (1. mad. h. c. eep., 245), nund eishore singh v. hurree pershad mundul (13 w. e., 64), fran nath sandyal v. bam coomar sandyal (2 c. l. r., 33), and the full bench decision in the case of gobind chunder koondoo v. taruck chunder bose (i. l. r., 3 cal., 145). it is clear that the self-same right and title, which are in issue in this case, have been substantially in issue and adjudicated upon in the previous case decided between the same parties on the 9th december 1874. in that case the subject of dispute was a plot of land forming part of what is called bund mahata ; it was claimed by one side as appertaining to mermah, and by the other side as appertaining to simrail kandi, and each party set up a certain potta from the same lessor in proof of title. it was found that although the land of bund mahata appertained to mouza mermah, yet, under the potta of the defendant, which was prior in date to that of the present plaintiffs, the superior title rested in the defendant. there, too, in respect of another portion of bund mahata, the same title is set forth, and therefore it seems to us that the principle of res judicata applies.2. the judgments of the lower courts are reversed, and the suit of the plaintiffs dismissed, with costs in all courts.
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