Court : Kolkata
Reported in : AIR1986Cal86
..... two months and has also observed that by allowing the notice to take effect, by implication, the learned judge had rejected all the contentions raised by the petitioner that the building owned by the calcutta improvement trust did not fall within the definition as given under section 2 of the west bengal government premises (tenancy regulation) act, 1976 and all other identical points taken regarding validity of the said statute.18. mr. ..... ghose contended that the object should be deemed and held to be that state government is the final authority or at least such authority, which has great or at least some say in respect of the constitution of the board or the board of trustees, the improvement schemes of the said board, acquisition and disposal of lands by them, their taxation policy and scheme, their finance and laying down or framing and formulating the rules of the said trust, apart from having control ..... is also required to be taken from the state government in respect of establishment and maintenance of sinking funds and under section 105, the state government has also some control over the formulation of necessary procedure, if the board fails to make any payment or investment in respect of loans and such submissions were made with special reference to sub-section (2) of section 105, which also speaks of reimbursement to be made by the state government in some given cases .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal915
..... the law which forbids any judge to try a cause in which he is a party or personally interested, or to adjudicate upon any proceeding connected with or arising out of such cause (see section 25 of act vi of 1871, which embodies this principle) does not rightly reflect any unworthy suspicion upon an individual judge, while it secures and upholds one of the great pillars of judicial purity. ..... 168 a summons, to answer an offence under a local act for the improvement of the borough, was issued by a justice who was a member of the corporation and came on for hearing before other justices, none of whom were connected with the corporation; but it was held, ..... it was held that the fact of meyer having taken an active part in the proceedings of the local board created a real bias, and that he was therefore disqualified from sitting as a judge in a matter which arose out ..... upon the hearing of the summons, meyer, who was the chairman of the local board of health, and had taken an active part in its proceedings, sat on the bench with ..... one h entered into an agreement with a local board of health to receive sewage and dispose of it over ..... 332 complaint was made to the local board of a nuisance upon premises belonging to b in the ..... h having had differences with the local board, diverted the sewage into a neighbouring river, and for this he was prosecuted by ..... the board communicated with the town council of w, who were the urban sanitary authority under the public health act of 1875, and required them to .....
Tag this Judgment!Court : Kolkata
Reported in : 16Ind.Cas.257
..... . the result of the oral and documentary evidence is to show that the dacca anushilan samity was formed having for its ostensible object, the improvement of bengali youths by the promotion of discipline, and physical exercise, but that behind this ostensible and open object, there was a secret object known to those in positions of importance and authority but not ..... dacoity, and the object of which was to be attained by means of bombs and arms; or was it, as the accused assert, a society for not merely a harmless but also a praiseworthy purpose, namely, the physical and moral improvement of the bengali race, but the object, whereof has been grievously misrepresented by untrustworthy police officers and unscrupulous spies ..... . my conclusions are that the points of law raised on behalf of the appellants must be overruled: that the dacca anusilan samity was a revolutionary society : that, of the overt acts imputed to the samity, the nana dacoity is the only case indisputably proved to have been the work of that society, four others (the munshigunge and adabari cases and the murders of ..... in answer to this contention, it has been argued on behalf of the defence that the object of the society was physical improvement of the race, to be attained by stick play and dagger play, and that this object is fairly obvious from ..... go on to say that no member should be allowed to make arrangement for the food and board in the samity for any guest or relation without previous sanction of the chief. .....
Tag this Judgment!Court : Kolkata
Reported in : 36Ind.Cas.749
..... grounds, namely, ink, that the intended acquisition of the lands with a view to recoupment, that is to enable the trustees to recoup themselves in whole or in part the costs of the scheme, is an act authorised by the calcutta improvement act, 1011; secondly, that the lands are required for providing building sites within the meaning of section 39(a) and are consequently liable to compulsory acquisition; thirdly, that the lands are required for the ..... and 69 show that the acquisition may be either by agreement between the board and the proprietor of the land or compulsory proceedings taken at the instance of the board under the provisions f the land acquisition act, which are modified in important particulars by section read with the schedule to the act is regards compulsory acquisition, the fundamental point to be borne in mind is that he board is authorised, not to acquire whatever land they may choose, but ..... can be actually framed, the area must first be determined; such area is clearly the area which the board, in their discretion, think should be improved by the carrying out of the purpose set forth in their resolution. ..... which lays down that all lump sums received from the government in and of the capital account are to be credited to the capital account; obviously, this does not create a right in the board to demand an aid from government; if such an obligation was intended to be imposed on the government, an appropriate section would have been inserted in the sixth chapter. .....
Tag this Judgment!Court : Kolkata
Reported in : 44Ind.Cas.770
..... the decision of that question depends, in my opinion, on the construction to be placed on section 42, clause (a), of the act, which reads thus--'any improvement scheme may provide for (a) the acquisition by the board of any land, in the area comprised in the scheme, which will, in their opinion, be affected by the execution of the scheme.'67. ..... section 25 of the bombay city improvement act (bombay act v of 1898) provides that an improvement scheme which may exclude any part of the area in respect of which an official representation is made or include any neighbouring land if the board are of opinion that such exclusion or inclusion is expedient, shall, within the limits of the area comprised in the scheme, provide for the acquisition of any land which will in the opinion of the board be necessary for or affected by the execution of the scheme. ..... it is to be noted that whereas under section 42 (a) of the calcutta improvement act, in order to enable the board to acquire any land in the area comprised in the scheme, it is necessary that the land must in their opinion be 'affected by the execution of the scheme,' section 357 (2) of the calcutta municipal act empowers the corporation to acquire any land outside the street alignment which it may consider expedient to do so in exercise of the powers conferred by sub-section (1) of that section. .....
Tag this Judgment!Court : Kolkata
Reported in : 44Ind.Cas.331
..... in the case of calcutta the tribunal is constituted by the calcutta improvement act of 1911, but the finality of its decisions is regulated by that act as modified by the calcutta improvement (appeals) act, 1911, passed by the imperial legislative council. ..... by section 70 of the calcutta improvement act, the tribunal is constituted for the purpose of performing the functions of a court in reference to the acquisition of land for the board under the land acquisition act, 1894. ..... an application was made to the president of the tribunal constituted under the calcutta improvement act, 1911, for sanction to prosecute one khetra mohan ghose for giving false evidence before the president of the tribunal in two apportionment cases. ..... we do not think that the tribunal as 'the court' under the land acquisition act, 1894, for the purposes of the improvement trust can be regarded simply a body of arbitrators. ..... it was no doubt on account of this decision that act xiv of 1904 was passed by the imperial legislative council. ..... it is the court under that act, and the president is the judge. ..... ) 1126, where the question arose whether a collector acting under sections 69 and 70 of the bengal tenancy act was a court. ..... we may also refer to the definition of 'court' in section 3 of the evidence act. ..... by section 71(a) the tribunal shall (except as to appeal which are specially provided for) be deemed to be the court and the president the judge under the said act. .....
Tag this Judgment!Court : Kolkata
Reported in : 57Ind.Cas.37
..... set out in a compact form and it is difficult to determine from the various papers embodying it the precise scope of the scheme; but this much is clear that the scheme was undertaken because the board were of opinion that for the purposes of providing building sites, remedying defective ventilation, or creating new, or improving existing means of communication, it was expedient to lay out new streets or to alter existing, streets in ward no. ..... section 39 provides that whenever the board are of opinion that, for the propose of (a) providing building sites, or (b) remedying defective ventilation, or (c) creating new, or improving existing, means of o immunisation and facilities for traffic, or (d) affording better facilities for conservancy, it is expedient to lay out new streets or to alter existing streets (including bridges, causeways and culverts), the board may pass a resolution to that effect and shall then proceed to frame a street scheme for ..... been drawn to section 39 of the act, which sets cut the circumstances under which a street scheme may be framed, as also to section 41 which sets out the matters required to be provided for in improvement schemes. ..... we can find nothing in the act which compels the trust to delineate on the plan the building sites before the scheme is submitted ..... by the plaintiff in a suit to test the validity of an order made by the calcutta improvement trust rejecting his application for exemption under section 78 of the calcutta improvement act, 1911. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal340,64Ind.Cas.577
..... , dissenting) that the calcutta improvement act does authorize the board of trustees to acquire land compulsorily for purposes of recoupment, that is, by selling or otherwise dealing with the land under section 81 or by abandoning the land on consideration of the payment of a sum under section ..... it, therefore, not been for the judicial decisions to which i have referred, i should have been disposed to hold that the proceedings were not valid as the act refers only to one notice, one proceeding and one award to be given, taken and made regarding (in my opinion) one holding and one ownership. ..... a question arose in two other cases whether the compulsory acquisition of surplus land for the purpose of recoupment was authorised by the calcutta improvement act. ..... this objection is taken, the argument being that the land acquisition act contemplates one declaration, one notice, one proceeding and one award and as there was already one proceeding and award in respect of the 8 cottahs odd, it is contended that the power to take action under the act was exhausted and the subsequent acquisition was without jurisdiction. ..... trustees for the improvement of calcutta 44 ..... in the present case the collector was prevented from following this course by the decision of the high court [trustees for the improvement of calcutta v. ..... russa road, amounting to 1 bigha 16 cottahs and 3 chattaks was required for public purposes, namely, a street scheme framed by the defendants as trustees for the improvement of calcutta. .....
Tag this Judgment!Court : Kolkata
Reported in : 66Ind.Cas.600
..... an affidavit was filed by the deputy surveyor of the corporation on their behalf in which he states (paragraph 6) that the board of trustees have in contemplation a scheme for a proposed public street under section 63 of the calcutta improvement act affecting 38, banstolla street, and that they requested the corporation to take steps to acquire those premises to keep down the expense of acquiring the same later on, and that, accordingly, the resolution of the corporation was ..... passed and it was arranged with the board of trustees that the board should pay the cost of ecquisition to the corporation, which has been done.9. ..... , with the approval of the corporation, may acquire any land and the building thereon for widening, extending or otherwise improving any public street and that, under section 556 of the same act, the corporation may acquire any land and buildings needed for carrying out any of the purposes of the act, and that the provisions of these sections are not necessarily confined to cases where the corporation is going itself to do the .....
Tag this Judgment!Court : Kolkata
Reported in : 61Ind.Cas.210
..... preliminary reference is desirable to the calcutta bent act, 1920 (bengal act iii of 1920), the calcutta improvement act, 1911 (bengal act v of 1911) and the calcutta improvement appeals act, 1911 (act xviii of 1911, as amended by act x of 1914.)43 ..... of the tribunal, the calcutta improvement act, 1911, entrusts the duty of carrying out its provisions to a board which has power to acquire ..... in sections 19 and 20 of the penal code and it would seem natural to say that the president of the tribunal, whether he is sitting alone, or with assessors, under the calcutta improvement act, or whether he is exercising his functions under the bent act, is performing judicial duties and is a court, or the presiding officer of a court.58 ..... the president of the tribunal appointed under section 72 of the calcutta improvement act, 1911, held an enquiry into the complain, and came to the conclusion that the act complained of were done in the presence and under the order of the opposite party, gobordhan, and that they were done wilfully with the object of rendering the pipes ..... . there are penal sections in the calcutta improvement act (section 169,174) and i observe that a provision modifying the criminal procedure code is contained in the sub-section 151 ..... the controller fixing the standard rent for any premises is subject, at the instance of landlord or tenant to revision by the president of the tribunal appointed under section 72 of the calcutta improvement act, 1911, whose decision is to be final .....
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