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 : Nov-30-1961
Reported in : AIR1962Cal513,66CWN240
..... kumar had received the compensation money awarded in respect of the portion of lat makhla. the entries in these columns are clearly admissible under section 35 of the indian evidence act. besides, by a letter dated february 10, 1956 the plaintiffs attorney definitely asserted that the compensation money had been withdrawn either by sanat kumar and/or by ..... time the right to receive the annuity at the proper time passed to his assigns under the deed of trust executed by him. section 173 of the indian succession act lays down the prima facie rule of construction of a will creating an annuity, prima facie the annuitant is entitled to receive the annuity for his life ..... annuitant during her life time. with regard to clause 2 no question arises as to any intention contrary to the statutory implication arising from section 173 of the indian succession act. the yearly sum payable under clause 7 of the will bears no analogy to the annuity payable under clause 8 of the will. the yearly sum payable .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-30-1961
Reported in : (1962)ILLJ622Cal
..... compromise petition in appendix a shall form a part of this order. the employees who will be retrenched shall be paid compensation in accordance with the industrial disputes (amendment; act, 1953.5. the recording of the compromise in so far as respondent 1 was concerned must now be treated as erroneous as a consequence of subsequent events. ..... the government to decide upon and it will not be competent for the court to hold the reference bad and to quash the proceedings (vide state of madras v. south indian cinema employees' association 1953 s.c.a, 965; madan gurang and ors. v. state of west bengal and ors. 1958-ii l.l.j. 206, b.n. ..... to retrench only 46 of the employees. the tribunal permitted the petitioner to do so. respondent 2, workman of the petitioner company represented by the mcleod's indian employees' association (hereinafter called the union), appealed to the labour appellate tribunal against the order and the appellate tribunal remanded the matter to the industrial tribunal only .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-29-1961
Reported in : AIR1962Cal238
..... suit was pending, after the notice which had determined the tenancy, the plaintiff naturally could not claim arrears of rent. it is only under the terms of the amending act of 1953 which had come into force on 14-3-53, that the plaintiff found that she could no longer get any relief in the ejectment suit which she ..... to her and her cause of action for the ejectment suit became cancelled or it arose at the earliest on the 14th of march, 1953 when the thika tenancy (amendment) act, 1953 came into force. even from 14-3-53, the claim for the entire period in the suit would be within limitation.6. mr. mitra, appearing for the ..... cancellation of the cause of action may in appropriate instances be dealt with as cases of new or fresh causes of action falling under the particular articles of the indian limitation act, rendering unnecessary application of the theory of suspension of limitation.'mr. mitra has referred to a decision of the judicial committee, hurro pershad roy chowdhury v. gopal .....
Tag this Judgment!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 : Sep-26-1961
Reported in : AIR1963Cal598,[1963]47ITR247(Cal)
..... amendment in 1955. a reference to the schedule is necessary but before doing so it will be more appropriate to notice section 10 ..... from the 1st of april, 1955.16. the original schedule of the income-tax act was repealed by the repealing act of 1927 and the present schedule to which reference is made in section 2 (6c) (vii) was added by section 84 of the indian income-tax amendment act, 1939 (act vii of 1939) and was a pre-existing schedule at the date of ..... income in the ordinary sense, then undoubtedly the surplus which was returnable to the members would not be liable to tax and, prior to the amendment of section 2(6c) of the indian income-tax act, it is common ground that these profits were not subject to taxation'.therefore, the only point before the tribunal and which is now open to .....
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 : Sep-12-1961
Reported in : [1963]49ITR82(Cal)
..... lawfully claim to be 'a company in which the public are substantially interested' within the meaning of the last proviso to section 23a of the income-tax act before the amendment of 1955 read with the explanation appended to sub-section (1) of section 23a. a company in which the public are interested are exempted from the ..... cases including one in raghuvanshis case, the relationship of husband and wife was the subject of a decision. other relationships were examined in different decisions. whether in indian social context husband and wife constitute a kind of relationship which ipso facto or prima facie indicates a control of the wife by the husband may be a ..... control exercisable by the husband on the wife in respect of the above shares. the tribunal negatived the contention by the following observations :'in the ordinary way of indian society, husband and wife can be grouped together as a group of individuals having unity of purpose and unity of interest, and it will be only reasonable .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-17-1961
Reported in : [1962]13STC138(Cal)
..... the proviso in section 5 (2) (a) (ii) appears to have been introduced in the act by section 4 (a) of the west bengal amendment act xlviii of 1950 and certain modifications were also made in this sub-clause (ii) by this amending act and it appears that this sub-clause together with the proviso was put into force by a government ..... would have enabled the appellant to get the exemption. i fail to see how the counterfoils could be regarded as counterparts within the meaning of section 62 of the indian evidence act, which provides that 'where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence ..... the commissioner or the commercial tax officer is to be deemed a judicial proceeding within the meaning of sections 193, 228 and 196 of the indian penal code. it has been argued that the proceedings before the commercial tax officers have, by statute, been made to approximate as closely as possible to proceedings .....
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