Court : Kolkata
Reported in : AIR1926Cal235,90Ind.Cas.537
..... section 288 at any rate as it stands now, makes the evidence recorded by the magistrate admissible at the discretion of the trying judge and it further enacts that it is to be treated as evidence in the case 'for all purposes subject to the provisions of the indian evidence act. ..... section 283 as amended by the act of 1923 stands thus: 'the evidence of a witness, duly recorded in the presence of the accused under ch. ..... the section before the amendment said that 'such deposition is to be treated as evidence in the case. ..... as to the important question as to how far it is possible to have a conviction upon evidence before a magistrate when the evidence given at the trial differs from it and is exculpatory of the accused, the learned judge has considered all the cases which were decided under the section as it stood before the amendment and has endorsed without further consideration the decision in those cases in the words which i have already quoted. ..... ' this case was decided in 1924 and after the amendment of the section by the act of 1923. ..... the amendment of the section by substituting the words 'duly recorded in the presence of the accused under ch. ..... ' the only case decided after this amendment is, as i have observed, the case of jehal teli v. .....
Tag this Judgment!Court : Kolkata
Reported in : (1987)0CALLT230(HC),92CWN215
..... plaintiff for the suit premises cannot be estopped from challenging the title and ownership of the plaintiff in the suit premises and that the plaintiff cannot invoke section 116 of the indian evidence act on its terms against the plaintiff and that accordingly defendent's application for amendment of the written statement which also challenges the title and ownership of the plaintiff in the suit premises was entertainable by the first appellate court and was ..... there may be other kinds of estopped as between such landlord and tenant even though the case may not come within the meaning of section 116 of the indian evidence act, if the tenant attorns to the assignee landlord and pays rent to such assignee landlord not by mistake or in ignorance. ..... it has already been stated that under section 116 of the indian evidence act which deals with estoppel of tenant, a tenant who had been let into possession by the lessor, is estopped from denying his lessor's title however defective it may be so long as he has not openly restored posession by surrender to ..... the plaintiff in the instant case not being the original landlord but claiming title by purchase from the original landlord is not entitled to invoke section 116 of the indian evidence act on its terms. ..... under section 116 of the indian evidence act the defendant is estopped from denying the title of his lessor, anadilal mukherji to the suit premises at the beginning of the tenancy during the continuance of the tenancy. .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)2CALLT252(HC),97CWN875
..... of confiscation of a vehicle as given to the authorised officer in sub-section (3) of section 59-a of the indian forest act, 1927 as inserted by the west bengal amendment act of 1988 is more or less similar to the power given to the authorised officer under section 56(2-a) of the orissa forest act as can be gathered from the said decision of the orissa high court. ..... therefore evident that the legislature by amendment has taken away the general power given by section 53 to release a vehicle or other things mentioned in the said section on bond in respect of cases coming within the ambit of section ..... the authorised officer has a discretion whether or not to order confiscation as is evident from the word 'may' appearing therein even when he is satisfied that a forest offence has been committed in respect of any timber or other forest produce which is the property of the state government and which has been produced before him under sub-section (1) of section 59-a, but here also no express power has been given to the authorised officer to impose fine ..... on considering the evidence and the materials on record both the authorised officer and appellate court (the additional district judge) found that the vehicle in question carried without proper authority forest produce obtained ..... it is also in evidence that the jogans (used for loading and unloading) were brought in that morning by the labourers of the truck from one dhirendra chandra sarkar who is a resident of the locality which fact .....
Tag this Judgment!Court : Kolkata
Reported in : [1979]116ITR440(Cal)
..... (4) where the person who was at the commencement of the indian income-tax (amendment) act, 1939 (vii of 1939), carrying on any business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918, is succeeded in such capacity by another person, the change not being merely a change in the constitution of a partnership, no tax shall be payable by the first mentioned person in respect of the income, profits and gains ..... already been paid in respect of the income, profits and gains of the previous year exceeding the amount payable on the basis of such assessment, a refund shall be given of the difference : provided that sub-sections (3) and (4) shall not apply- (a) to super-tax except where the income, profits and gains of the business, profession or vocation were assessed to super-tax for the first time either for the year beginning ..... 1967]66itr680(sc) in which there is an observation that' section 6 of the general clauses act will not apply because section 297(2) evidences an intention to the contrary and section 297(2) was meant to provide as far as possible for all contingencies which may arise out of the repeal of the 1922 act'. ..... be at liberty to lead such evidence in support of their respective contentions as they think necessary to substantiate the case on facts that the relief claimed under section 25(3) is legally justified.' 5. ..... as is evident sub-section (3), with which we are mainly concerned in this reference, dealt .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1980Cal374,85CWN73
..... in spite of the provisions of section 3 of the indian evidence act, such presumption of innocence of an accused has been imported into the indian criminal law from the english law. ..... regarding the cross-objection, it has been urged that since the case of adultery has been proved, in view of subsections (1) and (2) of section 39 of the marriage laws (amendment) act, 68 of 1976, a decree for divorce has to be passed in this appeal as a matter of course. 9. ..... a material change has been brought about by the amending act of 1976, because the amended section 13(1)(i) says that a decree for divorce can be obtained by one party where the other party has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her ..... proceedings in causes and matters matrimonial which are pending in any court at the commencement of the marriage laws (amendment) act, 1976, shall be dealt with and decided by such courts; (1) if it is a petition or proceeding under the hindu marriage act, then so far as may be, as if it had been originally instituted therein under the hindu marriage act, as amended by this act; (2) in every petition or proceeding to which sub-section (1) applies, the court in which the petition or proceeding is pending shall give an opportunity to the parties .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)1CALLT307(HC)
..... section 113a was inserted in the evidence act with effect from 25.12.83 by criminal law (second amendment) act, 1983. ..... in this respect, as indicated above, the indian evidence act, in view of the peculiar conditions of our society and the diverse nature and character of our people, has thought it necessary to widen the sphere of section 32 to avoid injustice. ..... the prosecution is relieved of the onus to prove the ingredients of abetment to suicide beyond reasonable doubt under the amended law, in case of a suicide by a married woman within 7 years of marriage, mere proof of cruelty within the meaning of section 498a, indian penal code which was also simultaneously inserted, to a married woman by the husband or any relative of the husband would entitle the prosecution to the presumption that such suicide had been abetted by her husband or by such ..... of the indian evidence act can be pressed into service in this case. ..... that in the present case the appellants could not be legally convicted of the charge under section 306 of the indian penal code on the basis of the authority he has quoted, i may add that one of the basic principles of the criminal jurisprudence is that a person can only be convicted for his act if that act can be found to be an offence on the basis of the evidence adduced considered in the light of the laws, both substantive and procedural, prevalent at the time .....
Tag this Judgment!Court : Kolkata
Reported in : 1990CriLJ2012
..... he wanted to get sustenance to such submissions on a reference to west bengal criminal law amendment act, 1988 by which after section 245(1) of the code, sub-section (2) has been added by saying that nothing in this section be deemed to prevent a magistrate from discharging the accused at any previous stage of the case if, ..... while making the determinations, the learned trial judge failed to consider and construe duly and properly, the provisions of section 468 of the code of criminal procedure, 1973 and in all fairness and more particularly when, complete evidence has not as yet been made available in the proceedings, the learned trial judge, in terms of the observations ..... conclusion that there is sufficient ground for procceeding against the accused;(3) where the discretion exercised by the magistrate in issuing process' is capricious and arbitrary having been based either on no evidence or on materials which are wholly irrelevant or inadmissible; and(4) where the complaint suffers from fundamental legal defects, such as, want of sanction, or absence of a authority and the ..... further stated that on the basis of the evidence of the complainant and her witnesses, the learned magistrate issued processes against him under sections as mentioned earlier, of the indian penal code and he along with other accused persons ..... fair trial is and should be to mean, in this case, a fair trial in accordance with the provisions of the code of criminal procedure, 1973 and the indian evidence act.25. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1956Cal222,60CWN802
..... article 395 repealed the indian independence act together with all the enactments amending or supplementing it is evidently based on a misreading of the article.article 395 repealed the indian independence-act, 1947, and the government of india act, 1935, and though in the case of the latter act it is expressly mentioned that it is repealed together with all enactments amending or supplementing it except the abolition of privy council jurisdiction act, 1949, in the case of the former, there is no mention of the indian independence act also being repealed along ..... there are the indian provisional constitution order, 1947, the indian provisional constitution (amendment) order, 1947, the indian provincial legislatures order, 1947, the-indian provisional constitution and provincial legislatures (amendment) order, 1947, and the-indian, provisional constitution (second amendment) order, 1947.the first is an order under section 8(2), indian independence act, 1947, and is dated 14-8-1947. ..... of the legislature of the dominion or domi, nions concerned would have on or after the ap-pointed day, but shall in the case of each of the dominions be subject to the same laws of repeal and amendment as the laws of the legislature of that dominion.it is clear, therefore, that orders passed under section 9, indian independence act by the governor-general have the same force as laws made by the legislature of the dominion and the provision referred to contemplates the independent repeal .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal490
..... (2) notwithstanding anything 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, of the truth of all matters purporting to be therein recorded.' 9. ..... this last amending act by its section 14 carried out amendments of several sections of the act x of 1949 by a schedule which contained amendments of several sections in part iiia but section 45f is not one of those. ..... by proviso to section 14 of this amending act it has been provided that amendments of sections in part iiia mentioned in the schedule shall not have retrospective operation.6. ..... 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. ..... i have already said that this prosecution was commenced upon an order under section 237 of the indian companies act, 1913 and the complaint was filed for and on behalf of the official liquidator under his authority by a senior assistant in his office. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal715,[1960]30CompCas582(Cal)
..... materials with the company provided that nothing herein contained shall affect any such contract or agreement for such sale, purchase or supply entered into before the commencement of the indian companies (amendment) act, 1936.in order that the section may apply, it must be proved that the plaintiff is a member or director of great britain, ceylon or pakistan companies that these companies are private companies, that ..... continued to exist and function even though the annual general meeting of the company is not held in time, that section 76(3) of the indian companies act is an enabling section and that the share-holder has the right apart from an order of the court under sections 78 and 79(2) of the companies act to hold a general meeting which may not strictly be characterised as the annual general meeting, but is nevertheless a ..... declaration that any other resolutions likewise purported to have been passed without notice to the plaintiff authorising the offer of shares under section 105c of the indian companies act, or otherwise affecting his rights as a share-holder of the defendant company and all action taken pursuant to such resolutions are void, illegal and ..... contained in his letter to the company dated 7-7-1954 that he was interested as) a member and/or director of the three companies, though there is no evidence as to when the plaintiff became interested, so as to enable the court to ascertain whether at the time of each contract for sale or purchase the plaintiff ..... 155 .....
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