Court : Kolkata
Decided on : Dec-20-1967
Reported in : AIR1968Cal296,1968CriLJ759,73CWN1
..... of the advisory committee (the present respondent) had no control over the paper or did not shape its policy and it is difficult to agree with the learned judge's view that in spite of being the proprietor and a member of the advisory committee he had no opportunity of influencing the publication of the defamatory matter'5. ..... the impugned publication by virtue of their office as members of the board of editors it was held that the editor registered under the press and registration of books act by virtue of the presumption that section 7 thereof carries against him would undoubtedly be liable for publication of the defamatory article, but the some presumption will not ..... of west khandesh in the state of bombay. the trying magistrate framed a charge against the editor registered under section 7 of the press and registration of books. act and discharged the three other members of the board of editors. this order of discharge having been confirmed by the high court, the matter went up to the .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-28-1967
Reported in : 1970CriLJ529
..... john brown reported in 1960 a.c. 432, at p. 442 of the said report, certain passages in the summing up of mr. justice abbot, the trial judge, have been given as follows: 'gentlemen, throughout the centuries of civilisation crimes have repeatedly been committed without any apparent or discoverable motive. theft is one of the ..... circumstances. under section 105 of the evidence act, read with the definition of 'shall presume' in section 4 thereof, the court shall regard the absence of such circumstances as proved unless, after considering the ..... beyond reasonable doubt that the accused caused death with the requisite intention described in section 299, of the penal code. but under section 105 of the evidence act the burden of proving the existence of circumstances bringing the case within the exception lies on the accused; and the court shall presume the absence of such .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-07-1967
Reported in : AIR1969Cal1,1969CriLJ40,72CWN82
..... when called upon to exercise its summary power in cases of contempt of scandalising the court itself.:-- 'in the first place, the reflection on the conduct or character of a judge in reference to the discharge of his judicial duties, would not be contempt if such reflection is made in the exercise of the right of fair and reasonable criticism which ..... every citizen possesses in respect of public acts done in the seat of justice. it is not by stifling criticism that confidence in courts can be created............. in the second place, when attacks or comments are made on ..... default, the matter be placed for further orders before this bench. if the fine is paid, the rule shall be deemed to have been disposed of. 16. the sheriff to act on a signed copy of the minutes. sinha, c.j.17. i agree. ray, j. 18. i agree. amaresh roy, j. 19. : i agree. b.c. mitra, j. 20. .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-27-1967
Reported in : AIR1968Cal144
..... did not contest. the wife along with another woman deposed but they were not cross-examined. adultery and desertion were proved. the learned judge decreed the suit ex parte subject to confirmation by this court3. the only and all important question in this reference is, has the ..... prima facie unreasonable, and not meritorious. there is a considerable guidance from the english decisions on the matter and there are opinions of able judges in this country. see adelaide mande tobias v. william albert tobias, : air1968cal133 where longer periods of delay were condoned but my own ..... it is difficult to know of the tests of inward feelings of a wife but the outward signs of act or speech are important factors to consider. the court should have directed itself to enquire as to what did the wife do or ..... how did she act to abate the evil and what steps did she take to assert her rights? did the wife make an honest .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-25-1967
Reported in : AIR1968Cal545,72CWN679
..... of this land in respect of mattets which the competent authority is empowered by 01 under the act to determine and the decision of the competent authority if affirmed by the district judge as an appellate authority, is made final by the statute under section 10(6) of the ..... the statute in such a way as to be consistent with the requirements of the constitution because the legislature can never be presumed to act in contravention of the constitution. the material provision is in subsection (i) of section 10 which says:'where in the exercise of ..... filed by lodna colliery cannot be entertained.'3. it is clear that the competent authority rejected the claim on the assumption that the act contemplated payment of compensation only for damage to the surface and not for any loss caused to underground rights, whether relating to coal mining ..... judgment is changed from the first week of november, 1967 to the first week of february 1968 and the judgment be amended accordingly as agreed to by the parties. .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-14-1967
Reported in : [1968]69ITR812(Cal)
..... but from that of a businessman. the yardstick is that of a prudent businessman. the reasonableness or the unreasonableness of the amount distributed as dividends is judged by business considerations, such as the previous losses, the present profits, the availability of surplus money and the reasonable requirements of the future and similar others ..... this section was introduced to prevent exploitation of juristic personality of a private company by the members thereof for the purpose of evading higher taxation. to act under this section the income-tax officer has to be satisfied that the dividends distributed by the company during the prescribed period are less than the statutory ..... the assessment year 1955-56 and 1956-57 were small within the meaning of the expression smallness of profits in section 23a of the indian income-tax act, 1922, and that any further declaration of dividend than that declared by the assessee would be unreasonable ?'since the decision of the tribunal, the supreme .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-14-1967
Reported in : AIR1968Cal278,[1969(18)FLR128],(1968)IILLJ769Cal
..... he found that everything was normal and there was no physical basis for the complaint made that there was stiffness in the joint. undoubtedly when doctors disagree, the judge has to exercise his own decision. in the present case, the commr. did not even look into the skiagram and in view of the comments made by ..... we assume that there was physical disability or 'permanent partial disablement' as the commissioner calls it, still we have repeatedly pointed out that the workmen's compensation act is not interested in mere physical disability. no compensation can be granted for any physical disability unless there was loss of earning capacity tt is only in the ..... a sum of rs. 784/- as compensation less rs 156/- already paid.'(2) the definition of 'partial disablement' appears in section 2(g) of the workmen's compensation act. 1923 it runs as follows' 'partial disablement' means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-22-1967
Reported in : AIR1968Cal327
..... taken in the appeal is that the appellant having been found not guilty, in the previous trial, of the charge under section 25(1)(a) of the arms act, 1956 the learned judge should have told the jury that the prosecution story of the murder being committed with a gun should not be accepted.13. in support of this contention mr. bejoy ..... fail.20. the position, therefore, is that all evidence adduced by the prosecution at the second trial regarding use of the gun by the appellant was entirely inadmissible. the learned judge should have told the jury so. his omission to do so misled the jury into bringing in a verdict inconsistent with the verdict in the previous trial. in the eye ..... of section 304 of the indian penal code unanimously and not guilty under section 326 of the indian penal code by a majority of 7 to 1.9. the learned judge presiding over the trial acquitted the accused of the charges on which the jury returned a unanimous verdict of not guilty, that is to say, under sections 25(1)(a .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-06-1967
Reported in : [1967]66ITR179(Cal)
..... his employment. it is no doubt true that, subsequently, the assessee came to be employed by the nationalised airlines corporation but that would not be any material for judging the issue before us because what was in the mind of the board of directors on january 30, 1953, when they passed resolution granting the sum of rs. ..... regarding continuance of service. the assessee was the managing director of airways (india) ltd. during the mateiral time. he had no right, under section 20(1) of the act, to continue in service and this argument of me. pal must therefore, fail. mr. pal contended, in the laternative, that the assessee got an eployment under the ..... of the statutory corporation, in which the undertaking of the employer company had vested, under the provisions of sub-section (1) of section 20 of the air corporations act. as such, he submitted, no question of payment of conpensation for loss of eployment arose in the case of the assessee, because the employment continues. this agument may .....
Tag this Judgment!Court : Kolkata
Decided on : May-05-1967
Reported in : AIR1968Cal105,71CWN831
..... of the parties'. in other words, we have taken it to mean that a decree of proof is not demanded in such cases, such as in a scientific inquiry would justify the conclusion that such and such an event is impossible. the departure from the normal course of things is so extra-ordinarv in this case that the ..... its shape materially, according as the woman is in the upright or horizontal position, being much less prominent when she is lying down and accordingly contended that the learned judge's judgment, being based upon his own speculations about the size of the abdomen, without considering the above positions, has become erroneous. in spite of mr. pal's ..... that the public interest requires that the marriage bond shall not be set aside lightly or without strict enquiry. the terms of the statute recognise this plainly. the act has not favoured and encouraged divorce, dissolution or declaration of nullity of marriage except on very strict grounds and i think it would be quite out of keeping with .....
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