Court : Kolkata
Reported in : AIR1945Cal75
..... as follows:the principles and rules here referred to, are not, we think mere rules of procedure including rules which regulate appeals which are laid down in the subsequent sections (45 and 55) of the act, but are the rules and principles which determine the cases in which the court will grant relief to the petitioner appearing before it or refuse that relief -- rules of quasi-substantive rather than mere ..... in the opinion of the said court shall be as nearly as may be conformable to the principles and rules on which the ecclesiastical courts have heretofore acted and given relief, but subject to the provisions herein contained and to the rules and orders under this act.this act, therefore, perpetuated the old ecclesiastical practice as to proceedings for nullity and judicial separation and introduced into england the practice of granting complete divorce by judicial ..... now before me is whether a decree passed by this high court in exercise of its matrimonial jurisdiction in favour of a petitioner in a suit for nullity instituted under the indian divorce act 1869 should be in the form of a decree nisi to be followed by a decree absolute or whether such decree should be a plain and simple decree at once final and absolute ..... thus in england since 1874 a decree in a suit for nullity has been placed on the same footing as a decree in a suit for dissolution of marriage, with the same provision for intervention by any person in ..... decree in 1869 cannot mean and contemplate two decrees in 1874. .....
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 : AIR1952Cal508
..... of 1949 of that court together with certified copies of the certificates dated the 9th day of january 1950 issued by the master of the supreme court of judicature in england, granted under section 10 of the foreign judgments (reciprocal enforcement) act, 1933, together with the usual certificate of non-satisfaction, be transmitted to the district judge's court at berhampore in the province of orissa, for execution. ..... was expected that after the conclusion of the first world-war, india would attain the status of a self-governing dominion, but all that happened was the passing of the government of india act, 1919, which in its preamble contained a pledge of the gradual development of self-governing institutions with a view to the progressive realization of responsible government in british india as an integral part ..... the principles upon which the english courts are prepared to entertain actions against non-resident foreigners are not wholly extend-] ed by them to foreign courts & as such foreign courts cannot always be expected to accept such principles or to recognise the result ..... the dominion and authority of the crown was derived from many sources, in part statutory and in part prerogative, the former having their origin in acts of parliament and the latter in rights based upon conquest, cession or usage, some of which had been directly acquired and others enjoyed by the crown as successor to the rights ..... adamson' (1874) 9 ex 345, where there existed a stipulation in the articles of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1954Cal488,58CWN497
..... the supply and distribution of food or other essential commodities or with essential services; or (iv) seduce any member of any of the armed forces of the union or of the police forces from his allegiance or his duty, or prejudice the recruiting of persons to serve in any such force or prejudice the discipline of any such force; or (v) promote feelings of enmity or hatred bet-ween different sections of the people of india; or which (vi) are grossly indecent, or are scurrilous ..... while we in the courts of law are not (ordinarily concerned with the rights or wrongs of the foreign policy that has been pursued by india, we have for finding a correct answer to the above question, to bear in mind the realities of the situation in which india finds itself in the international field -- ..... in that case, the words will be 'objectionable matter' within the act as 'scurrilous' and also as 'intended for blackmail', but that is no reason for think-ing that the legislature intended that only scurrilous words which are intended for blackmail arei ..... in judging whether any matter is objectionable matter under this act, the effect of the words, signs or visible representations, and not the intention of the ..... objectionable matter is defined in section 3 of the act in these words,'the expression 'objectionable matter' means any words, signs or visible representations which are likely to-(i) incite or encourage any person to resort to violence or sabotage for the purpose of overthrowing or undermining .....
Tag this Judgment!Court : Kolkata
Reported in : (1955)IILLJ517Cal
..... nevertheless, he argues that the method of recruitment shows that the superintendent makes the nomination to the range deputy inspector-general who has to interview the candidates. ..... it may be that a particular method of recruitment is; laid down, but that cannot affect the status of the superintendent of police as an appointing authority in respect of head constables. ..... xii, which deals with appointment, recruitment and promotion. ..... lord thankerton referred to section 240 of the government of india act, 1935, which also mentions the words 'reasonable opportunity' as in article 311 and also to rule 55 of the civil services (classification, control & appeal) rules which mentions the words adequate opportunity. ..... (6) method of recruitment--vacancies occurring in the special armed forces shall be filled by promotion from the rank of naik and in the unarmed police from the rank of constable. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal395,61CWN195,[1957]8STC142(Cal)
..... dated the 2nd march 1956 in the petition mentioned, and to forbear and refrain from giving effect thereto, and from demanding or imposing any tax on the petitioner in respect of the sales of aviation spirit to foreign-bound aircraft, in the course of such aviation outside india, and of consumption outside the state of west bengal or india, and for other reliefs.5. mr. ..... april 1954, written by the collector of sales tax, bombay state, to the petitioner, that sales of goods such as fuel oil and lubricating oil to foreign-bound aircraft for actual consumption during flight are exempted from bombay sales tax, by virtue of sub-clause (b) of article 286(1) of the constitution, although this exemption would not be granted if foreign-bound aircraft makes a halt at a place within the indian territory for more than 24 hours. ..... that all supplies of motor spirit for aviation purposes were taxable in west bengal at the rate of three annas per gallon, under section 2(a)(i) of the bengal motor spirit sales taxation (second amendment) act, 1954, irrespective of whether the aircraft supplied are operating within indian territory or are proceeding beyond indian territorial limits. ..... or about the 9th october, 1054, the petitioner company wrote a letter to the commissioner of commercial taxes west bengal, enquiring as to whether motor spirit supplied for aviation purposes to foreign-bound aircraft would be taxable under the bengal motor spirit sales taxation act as amended. ..... baldwin, (1874) 9 qb 457 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal713,63CWN258
..... of his original title and in general he may be given relief though he is particeps criminis in the following cases :(a) where his case falls within one of the three exceptions recognised by section 84 of the indian trusts act or(b) (i) where public interest or the interest of third parties require that the relief should be given or (ii) where denial of the relief may defeat a legal prohibition, or (iii) where the transaction is such that it ..... from the point under decision in this appeal either on the ground of (1) the difference between void and voidable transaction (2) statutory prohibition of transfer under section 6(h)(2) of the transfer of property act, (3) reasons of public policy which impose a ban on the plaintiff are themselves the grounds in this case to remove the ban because the court should choose the lesser evil, and (4) ..... to be used as a brothel, shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both and under section 4 (1) (b) of the same act any person who being the tenant, lessee, occupier, or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel, shall be punished in the same way. ..... grant relief in respect of an illegal transaction to a plaintiff implicated in the illegality following the rule of law as to particeps criminis, and acting upon the maxim, that in pari delicto potior est conditio defendentis, (1874) 16 eq 275 at p 283 (a). .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal636
..... statute itself was a very slender piece of legislation consisting of only seven sections and, in the main it only provided for the training of schemes for each port with a view to regulating the recruitment and employment of dock workers and taking suitable measures for providing them with work on fair wages and securing their health and safety. ..... . it is but elementary that if a discrimination in fact can be referred to some rational basis, clearly connected with the object of the legislation or with the object of the administrative act concerned, such discrimination is not forbidden by art, 14, in my view, there is in the present case a clear and rational basis on which a distinction could lawfully be made as between daily and monthly workers with respect to the levy chargeable ..... the ships which called at thecalcutta port were mainly owned by foreign shipping companies whose interests were looked after bya body, called the calcutta liners conference andthat body, acting in collaboration with the bengalchamber of commerce, kept all the stevedoringwork limited to members of the master ..... those circumstances, the legislature intervened and in the year 1948 enacted a statute, called the dock workers (regulation of employment) act 1948, in order to provide for the regulation of the employment of dock workers. ..... in exercise of the powers conferred by the act, the central government framed in october, 1951, a scheme, called the calcutta dock workers (regulation of employment) scheme, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal779,[1960]30CompCas306(Cal),64CWN161
..... in the case reported in 1891ac 476 the question arose whether a debt due to a testator was liable to probate duty under the stamp duties act of new south wales on the ground that it was a simple contract debt the locality of which was in new south wales where the debtors resided, it was held by the judicial committee upon the facts ..... at page 35, the following passage occurs:'where a mortgage whether legal or equitable of foreign immovables has been validly made according to english law, an english court will comped the mortgagor to pay off the mortgage debt out of the proceeds of sale of the land, although the mortgage ..... been held that a defendant is entitled to non-suit a plaintiff on the basis of a foreign judgment (see chockalingam. v. ..... reported in (1929) ac 1 is an income-tax act case where different considerations arise.16. ..... the stamp act has no application ..... 1874-9 ch a 722 in support of his argument that this court has jurisdiction to direct sale of the properties in pakistan in enforcement of the mortgage or hypothecation created by the ..... particulars of the mortgage had also to be registered with the registrar of joint stock companies, east bengal inasmuch as the tea estate is in pakistan and also for the purposes of section 277 of the indian companies act, 1913. ..... point argued on behalf of the defendant company is that the hypothecation bond having been stamped with pakistan stamp is notadmissible in evidence in view of the provisions of section 18 of the indian stamp act. .....
Tag this Judgment!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. .....
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