Court : Kolkata
Decided on : Oct-04-1961
Reported in : AIR1962Cal203,66CWN577
..... aforesaid question him generally.' the mandatory provision introduced for the first time in act x of 1882 retained its shape in act v of 1898 and has not been affected by amending acts of 1923 and 1955.106. this history clearly indicates to my mind that the indian legislature up to 1933 was gradually enlarging the field of exercise of power ..... , direct the personal attendance of such accused'.it may be mentioned that sub-section (1) of section 540-a in the above quoted form was introduced by the amending act of 1955. when section 540-a was first introduced into the code in 1923, the terms of sub-section (1) were more limited, and gave discretion to ..... power. this the court has been enabled to do 'without previously warning the accused.' same structure of section 342 has been retained by indian parliament although large amendments in other parts of the code were carried out by act 26 of 1955, for the avowed purpose of speeding up trials in inquiries and for that purpose section 540a was .....
Tag this Judgment!Court : Kolkata
Decided on : Oct-04-1961
Reported in : AIR1962Cal135,66CWN697
..... that at the most the magistrate can at that stage look to only those papers which have been mentioned in section 173(4) added by the amendment of act 26 of 1955 cannot also be accepted because the documents mentioned in section 173(4) operate only at the stage of commencement of the enquiry or ..... 11-1960 : air1962cal133 , decided on 22nd november, 1960, the police after investigation had submitted a charge sheet against eight accused persons under certain sections of the indian penal code. the informant filed the petition stabing that there was prima facie case against some others. it was held that the magistrate was entitled to summon additional ..... petent to investigate'. test identification parades (including statements) take place under orders of the magistrate in accordance with the provisions read with section 9 of the indian evidence act. relevant statements or confessions are recorded tinder section 164 of the code. all these may take place in the course of any investigation or at any .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-21-1961
Reported in : AIR1962Cal649,66CWN395,[1962(4)FLR89],(1962)IILLJ62Cal
..... recognised trade union to negotiate on behalf of its members with the employer under section 28-f, sought to be introduced into the trade unions act of 1926 by the amending act of 1947 (which amending act is not yet brought into force), and the position of a union or association of employees in the industrial law by virtue of which ..... , it does not lie under article 226, an argument which i find difficult to follow. in the present case, the petitioner association is registered under the indian trade unions act xvi of 1926 and is a corporate body with right to sue or being sued in its own name see sections 4, 9 and 13). in order ..... same is not maintainablein law.'8. in support of the preliminary objection mr. sanyal placed strong reliance on the following authorities, which i need consider at this stage: (1) indian sugar mills association v. secretary to government of u. p. labour department : air1951all1 (fb). in this case the petitioner association moved the high court of allahabad, under .....
Tag this Judgment!Court : Kolkata
Decided on : May-31-1961
Reported in : AIR1961Cal545,65CWN920
..... manner.8. in the first place, reference is made to the statement of the objects and reasons of the high court judges (conditions of service) act 1954 and its amending act 48 of 1958 which received the president's assent on 17th december, 1958, and was published in the gazette of india on the following day. this ..... performed by officers and servants of the high courts during such vacation. it is time that some respect and recognition are accorded to the basic principle of the indian constitution that it is not a unitary and centralised government or india but a division of powers and functions and only such central control as the constitution has ..... . on or about 17th december, 1958 parliament passed the high court judges' (conditions of service) amendment act, 1958 being act no. 46 of 1958. by section 7 of that act, section 23a was introduced into the high court judges (conditions of service) act, 1954. the relevant part of section 23a runs as follows:--'23a(1). every high court shall .....
Tag this Judgment!Court : Kolkata
Decided on : May-10-1961
Reported in : AIR1962Cal127,[1962]32CompCas207(Cal),66CWN63
..... 28th of december 1960, introducing the words 'the nature of the concern or interest' in place of the words 'the nature and extent of the interest.' the amendment act of 1960 does not] apply to this case because the annual general meeting for which this explanatory note was submitted was held on the 30th of september 1959, long ..... j.1. this is an appeal from the judgment of g.k. mitter, j. dismissing the petitioner's application under sections 397 and 399 of the indian companies act.2. the company is indian motor co. hazaribagh) ltd. the petitioner is maharani lalita rajya laskhmi, a share-holder owning more than thirty per cent of the shares. her allegation is ..... that the board of directors is guilty of certain acts of omission and commission detrimental to the interest of the company and/or to the minority of the .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-18-1961
Reported in : (1962)ILLJ183Cal
..... longer be said to have repealed and re-enacted it.this contention was based, in my view, on a mistaken notion of the scope and effect of a repealing and amending act. such acts have no legislative effect, but are designed for editorial revision, being intended only to excise dead matter from the statute book and to reduce its volume. mostly, they expurgate ..... repealed'.14. i need notice here that the view of chakravartti, c.j., in khuda bux case 1954--ii l.l.j. 13 (supra) on the effect of repealing and amending act was referred to with approval by the supreme court in jethanand betab v. state of delhi : 1960crilj160 .15. sri rabindra nath mitter tried to get rid of the difficulty created ..... a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, but does not include a mine subject to the operation of the indian mines act, 1923 (iv of 1923), or a railway running shod.11. under the provisions of section 8 of the general clauses .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-10-1961
Reported in : AIR1963Cal456
..... , superintendingengineer, calcutta aviation circle c. p. w. d. andthat his award shall be final, conclusive and binding on the parties and the provision of the indian: arbitration act of 1940 shall apply to said arbitration. 2. that the respective arbitration clauses and the said agreements be read and construed as if there was inserted therein the ..... position would be that the original arbitration clause in the agreement will remain unaffected. all that the agreement dated november 12, 1952 purports to do is to amend and modify the arbitration agreement in the contract. what the subsequent agreement purports to do is to name mr. b.k. guha as the arbitrator and ..... on november 12, 1952 the parties entered into an agreement in respect to the five disputes referred to arbitration as stated above. this agree-ment modified and amended the arbitration clause in the contract. the operative part of the agreement reads as follows :1. that the disputes and differences between the parties in respect .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-28-1961
Reported in : AIR1961Cal578
..... of the constitution by reason of the two amendments which, were made in section 34 of the indian incometax act, one in 1948 by the enactment of the incometax and business profit tax (amendment) act (act xlviii of 1948) and the other in 1954 by die enactment of the indian incometax amendment act (act xxxiii of 1954). bhagawati, j. delivering the ..... [1954]26itr713(sc) the supreme court dealt with the problem after the amendment of the incometax act by the amending act xxxiii of 1954. it was again held by the supreme court! by mahajan, c j. that after coming into force of the indian incometax amendment act, 1954 which operated on the same field as section 5(1) of the ..... taxation on income (investigation commission) act, 1947 and therefore, assuming the provisions of section 5(1) of the latter act were based on a rational classification, such provisions had become .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-17-1961
Reported in : AIR1962Cal115,65CWN856
..... with the power conferred on them by the articles of association of the company. before the trial court counsel for the defendant contended that the indian companies act 1913 both before and after its amendment by the indian companies amendment act 1936 required that the company must have directors, that the balance-sheets must be prepared and signed by the directors and that the relevant ..... 4 will -- 4 c. 42), see re atlantic and pacific fibre importing and ., 1928 ch. 836 under section 1 of lord tentenden's act 1828 (9 geo. 4, c. 14) read with section 13 of the mercantile law amendment act 1856 (19 and 20 vict. c. 97), see re the coliseum (barrow) ltd., (1930) 2 ch. 44 at p; 47 and under ..... sections. 23 and 24 of the limitation act 1939 (c. 21), see ledingham v. bermejo estancia co. ltd., (1947)1 all er 749 and jones .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-10-1961
Reported in : [1963]47ITR1(Cal)
..... point. the original clause (ix) renumbered as (xii) by section 11 of the indian income-tax (amendment) act, 1939 (act vii of i939), was future renumbered as (xv) by section 3 of the indian income-tax (amendment) act, 1946 act viii of 1946). section 12(2) of the act had some amendments as, for instance, introduction of income by way of dividend by section 9 of ..... the finance act, 1955, which came into effect from the 1st april, 1959. under section 12(2), ..... regard to this history of the amendment, it will not be right, in our view, to draw the conclusion that in spite of such material difference in the language, the effect of section 10(2) (xv) and section 12(2) of the present indian income-tax act should be the same. that will be ignoring the difference in .....
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