Court : Kolkata
Decided on : Apr-05-1961
Reported in : AIR1962Cal248
..... . in part a of the first schedule of the constitution item no. 10 is 'west bengal', which corresponded to the province of west bengal. the constitution (7th amendment) act, 1956 came into operation on the 1st day of november, 1956. by this, the sub-division of the states into classes a, b and c was abandoned. ..... the states and the territories thereof were to be as specified in the 1st schedule, as amended. the state of west bengal was described as follows:-'the territories which immediately before the commencement of the constitution were either comprised in the province of west bengal ..... government of india assumed control and jurisdiction over chandernagore under section 4 of the foreign jurisdiction act, 1947 (act 47 of 1947). relevant notification was issued by the government of india under the said section as a result of which certain indian laws were made applicable to it. the said notification also provided that the corresponding french .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-05-1961
Reported in : [1961]43ITR59(Cal)
..... parts a.b. and c of the first schedule, in part a of the first schedule of the constitution, item no. 10 is west bengal. the constitution (seventh amendment) act, 1956, came into operation on the november 1, 1956. by this, the sub-division of the state into classes a, b and c was abandoned, the states ..... and territories thereof were to be as specified in the first schedule, as amended. the state of west bengal was described as follows :'the territories which immediately before the commencement of the constitution were either comprised in the province of west bengal ..... government of india assumed control and jurisdiction over chandernagore under section 4 of the foreign jurisdiction act, 1947 (47 of 1947). relevant notification was issued by the government of india under the said section as a result of which certain indian laws were made applicable to it. the said notification also provided that the corresponding french .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-28-1961
Reported in : AIR1962Cal490
..... enacted it did not contain section 45f and for the matter of that, part iiia in which section 45f occurs was not in the act. that part was added in act x of 1949 by the amending act xx of 1950 which came into force on 18th march, 1950 and that part so added did contain a section 45f but that ..... section 45f was very different from the present section 45f which (was) incorporated in act x of 1949 by the amending act iii, of 1953 which came into force on 30th december, 1953. another amendment by act xcv of 1956 which came into force on 29th december, 1956 was also mentioned during arguments. this last ..... to the contrary contained in the indian evidence act, 1872 (i of 1872), all such entries in the books of account or other documents of a banking company shall, as against the directors of the banking company in respect of which the winding up order has been made before the commencement of the banking companies (amendment) act, 1953, be prima facie evidence, .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-18-1961
Reported in : [1962]46ITR104(Cal)
..... ; that the act relates to recovery of public demands, which comes under item 43 of list iii (concurrent ..... .mr. mukherjee has urged that the public demands recovery act, 1913, though a bengal act (bengal act iii of 1913) was made with the previous sanction of the governor-general under section 5 of the indian councils act, 1892, and that when the act was amended in 1955 by west bengal act xv of 1955, the assent of the president was obtained ..... enacted after 26th january, 1950) far less would any amendment of the act which does not affect the operation of any other central act require the assent of the president. the sanction of the governor-general which had to be obtained under section 5 of the indian councils act, 1892, is nothing analogous to the assent of the .....
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 .....
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 : Feb-03-1961
Reported in : AIR1961Cal365
..... . in that case what fell to be considered was the constitutionality of sec. 15(2)(b) of the criminal law amendment act (1908), as amended in madras by the criminal law amendment (madras) act, 1950. by this law, as amended, the state government could, by notification in the official gazette, declare any association of persons to be unlawful on grounds mentioned ..... publication dated august 18, 1960 and in the succeeding week. it is clear, therefore, that the central government, in confirming the proposal, has altered and/or amended the proposal. two other alterations have been brought to my notice. one is in clause (iii), but this is a mere alteration or omission of words, ..... law should be framed by the fort commissioners and confirmed by the central government. the confirming -authority can either confirm or reject. it cannot alter or amend the proposal. since the proposal made by the port commissioners has been published in the official gazette as also the bye-law upon confirmation, one must .....
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