Court : Kolkata
Decided on : Jun-10-1960
Reported in : AIR1961Cal86,1961CriLJ237
..... that there are grounds for investigation in connection with an enquiry under section 171-a of the sea customs act. now what is that enquiry under this section? section 171-a (1) of the act expressly says 'in any inquiry which such officer is making in connection with the smuggling of any goods.' it is, therefore quite clear ..... documents for that purpose, offend against article 20, sub-clause (3), of the constitution and is bad. it is difficult to agree with the reasoning of the learned judge in that case. that reasoning, with respect, is inconsistent with the intendment of the article and carries it much beyond its legitimate scope. it would further render large ..... number of laws invalid. having given our earnest consideration to the reasoning of the learned judge we are constrained to say that there is no warrant for extending the scope of article 20, sub-clause (3)'. the difficulty however is no longer caused by .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-17-1960
Reported in : AIR1961Cal653
..... filed separate written statements denying their liability. dawoodayal kothari did not contest the suit at the hearing.manik chand bagri contested the suit but thelearned trial judge decreed the suit against boththe defendants. manik chand bagri has preferredthis appeal from the decree passed against him.on the 3rd february, 1950, sadasukh gambhirchand of ..... on the bill and is signed by the drawee and that the mere signature of the drawee without additional words is sufficient. in the meantime, the negotiable instruments act was enacted in 1881. the section was considered by the supreme court in jagjivan mavji v. ranchhoddas meghji, : [1955]1scr503 . in that case, venkat- ..... particular paragraph insists that words of acceptance or importing acceptance must be used before the signature can come within the third paragraph of section 7 of the act. no such limitation is imposed in the statute. signature by itself, on the facts of a particular case, without anything more may be the signing .....
Tag this Judgment!Court : Kolkata
Decided on : May-25-1960
Reported in : AIR1961Cal199,1961CriLJ472,64CWN899
..... premises rent control rules 1950 is ultra vires?'2. rule 9 above referred to is quoted below : '9. in making inquiries under the act, the controller, the chief judge of the court of small causes, calcutta, the district judge or the judicial officer to whom the case may be transferred under the provision of clause (a) or clause (b) of ..... creating a new criminal court was ultravires the legislature of the governor-in-council of bengal (it) that rule 4, framed under section 23 ofthe rent act for regulating the procedure in inquiries by the president of the tribunal, in so far as it did provide that the procedure laid down in the code of civil procedure, 1908, ..... rule 9 of the west bengal premises rent control-rules, 1950, in so far as it made the civil procedure code applicable to inquiries into offences created! by the act is ultra vires section 47 (2) (g) of the act.77. let the matter be now placed before the learned chief justice, with the conclusion and answer, for necessary direction.78 .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-01-1960
Reported in : AIR1961Cal1,65CWN361,(1961)IILLJ312Cal
..... directions and mandates, and the power to take steps against persons disobeying the directions or mandates as also the power of calling in question the acts and conduct of district judges who are found to be guilty of any misconduct or remissness of duty, must inhere in the high court. it is wellknown that when a ..... both administrative and judicial control over the district courts and the subordinate courts, and so it is the exclusive jurisdiction of the high court to bold an inquiry into the charges made against the judicial officer; and after the charges are established and tbe punishment of dismissal or removal mentioned in article 311(2) is ..... proposed to be inflicted, makes it clear that the dismissing authority is burdened with the obligation of giving such reasonable opportunity after the high court has made inquiry into the charges against the judicial officer concerned and determined provisionally that the punishment of dismissal or removal has to be inflicted upon the officer. both .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-05-1960
Reported in : (1962)IILLJ549Cal
..... on the corporation to make regulations imposing a duty on the corporation to hold a judicial or a quasi-judicial inquiry into the charges of misconduct of its officers. there was, therefore, no duty either express or implied, to act in accordance with the provisions of article 311 in matters of dismissal of its employees and a writ could not ..... act, in this case, the u.p. district boards act, 1922. it was only from this point of view that the learned judge held that officers of a district board were 'in a sense government servants' or 'something akin to such ..... anr. : air1938all276 . in that case, harries, j., stated that in his view, officers of district boards were public officials and were 'in a sense government servants.' the learned judge held that the officers of district boards were part of the machinery of self-government, as provided under the local self government .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-05-1960
Reported in : 1961CriLJ71
..... may direct an investigation on receiving the report of the police officer under section 157 or such magistrate may depute any subordinate magistrate to hold a preliminary inquiry into the case. section 1159 relates to a point of time when the offence is under investigation and the magistrate is given the power to aid such ..... two magistrates who held them, were allowed in evidence on the footing that they corroborated the evidence given by the identifying witnesses to court. the. learned judge accordingly directed the jury to treat the statements of the witnesses before the magistrate at the identification parades as corroborative of the evidence which the witnesses gave before ..... section 164 may be used to corroborate or to contradict a statement made in court in the manner provided under sections 157 and 145 of the evidence act. the observation here was of a general nature but nevertheless it clearly said that the statement under section 164 was available for purposes of corroboration as .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-24-1960
Reported in : [1961]43ITR448(Cal)
..... the resulting excess liability is only into case vi, schedule d, because that is a receptacle for oddments. it is said further that the resulting assessment would invoke an inquiry on schedule a principles; namely, what the unit is worth to be let by the year, having regard not only to the rent of 681 received this year, but ..... commissioners adopted that view. on an appeal by the tax-payers, who contended that there must be an assessment on schedule a principles with evidence as to value, the judge accepted their contention and remitted the case to the commissioners.the material part of section 175 reads as follows : '(1) if, as respects any year of assessment, the ..... from the substitution of these rent and royalty figures for the rack rent you are directed by section 176 to make your assessment in accordance with pare 3 of the act. what is more you are directed by section 175 to arrive at your reassessment by determining the annual value of the unit : and this conception of 'annual value .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-23-1960
Reported in : AIR1961Cal461,1961CriLJ204
..... she brought a fresh complaint on the same facts against the accused and the magistrate to whom the complaint had been transferred for disposal, after a preliminary inquiry, summoned the accused. after the evidence had been taken the accused pleaded before the magistrate that no charge should be framed as he had been discharged of ..... this is strong prima facie evidence indicating forgery, and this circumstance naturally could not be considered either by the earlier chief presideny magistrate or by the learned judge of the high court who dealt with the earlier revision case. this circumstance by itself would be sufficient to give jurisdiction to the present chief presidency magistrate ..... signatures of sri n.r. sarkar.30. now while it is competent on the part of a judgs or a magistrate to compare the disputed signatures with the admitted signature for himself, vide section 73 of the indian evidence act, it is unsafe to rely entirely on such personal comparison. reference may be made in this .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-05-1960
Reported in : AIR1961Cal297,[1961(3)FLR5],(1961)IILLJ467Cal
..... of routine. it was a route used by other workmen of the railway workshop with the implied permission of the railway authorities. the decision of the majority of the judges, therefore, proceeded upon the view that the workman in that case met with the accident at the time of following a route which was a recognised method of going ..... the appellant to cross the railway lines by one of the two level crossings and by crossing the railway track, the appellant encountered an added peril which took his act out of the scope of his employment3. the learned counsel appearing in support of the appeal has argued before us that the learned commissioner erred in law in holding ..... of this accident, the appellant received injuries on his legs, his left-hand elbow joint and chest. he filed an application for compensation under the workmen's compensation act claiming a lump payment of rs. 4,200/-. the application by the appellant was opposed by the railway on the ground that the accident did not arise out of .....
Tag this Judgment!Court : Kolkata
Decided on : May-25-1960
Reported in : AIR1961Cal81,64CWN788
..... would have to go back to the lower appellate court for proper consideration of the other questions, involved therein, as the finding of the learned additional district judge on the question of material : air1950cal520 irregularity and fraud in the publishing and conducting of the sale was more or less incidental and tentative and did not ..... application has been given to all persons affected thereby (vide order xxi rule 92(2) proviso (code of civil procedure) and section 174a(2) proviso (bengal tenancy act), which latter provision, though expressly applying to applications under section 174(1), applies also, in our opinion, to applications under section 174(3) on a proper ..... be computed from the time when the fraud first became known to the person injuriously affected thereby ..... 7. we quote next the relevant sections of the bengal tenancy act, namely, section 174(3): where a tenure or holding has been sold for arrears of rent due thereon, the decree, holder, the judgment-debtor, or any .....
Tag this Judgment!