Court : Kolkata
Reported in : AIR1929Cal97,117Ind.Cas.540
..... assurance go. [1892] 1 q.b. 144, the case of hickman v. kent or bomney marsh sheep-breeders association [1915] 1 ch. 881 and the case of anglo newfoundl and development co. v. begem [1920] 2 k.b. 214. he says, however, that these cases are to be distinguished on the ground that the plaintiff was estopped from asserting that he ..... lewis: ex parte munro [1876] 1 q.b.d. 724 which was followed apparently in caerleon tinplate co. ltd. v. hughes [1891] 60 l.j.q.b. 640. so far authority was in favour of the view that it was necessary that the agreement should be signed by both parties. apparently in the ease of bam narain v. liladhar lowjee woodroffe ..... 1889 and the indian arbitration act for the best of good reasons have not required that the agreement to submit should be signed by both parties. what has been required is a written agreement to submit and baker's case, hickman's case and the case of anglo newfoundland development co. show that it is illegitimateio import into the statute the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal671,159Ind.Cas.133
..... disadvantage when they have not the usual means of fully understanding the nature and effect of what they are doing. in this it has only given the special development, which indian social usages make necessary to the general rules of english law, which protect persons, whose disabilities make them dependent upon or subject them to the ..... . the case of an illiterate pardanishin lady, denuding herself of a large proportion of her property without professional or independent advice, is one on which there is much authority.independent legal advice is not in itself essential: kali buksh singh v. kara gopal singh (1913) 36 all 81. after all, advice if given, might have been ..... , the circumstances under which it was executed, and the whole history of the parties, it is reasonably established that the deed executed was the free and intelligent act of the settlor or not. if the answer is in the affirmative, those relying on the deed have discharged the onus which rests upon them. of course fraud .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1940Cal356
..... poramanick v. ramdhone bhuttacharjee (1866) 6 w.r. 228 (f.b.) a proposition which has been approved by the judicial committee of the privy council in vallabhdas naranji v. development officer bandra (1929) 16 a.i.r. p.c. 163. he, defendant 3, could not have claimed compensation from respondent as there was no equity in his favour. he ..... 1 h.l. 129 was applied by the judicial committee in a case from india, lala beniram v. kundanlal (1899) 21 all. 496. in our judgment that decision lends authority to the view that the principle formulated in the second proposition in ramsden v. dyson (1865) 1 h.l. 129 is a principle applicable to indian cases. this view of ..... 1866) 6 w.r. 228 (f.b.) and the principle entitling a person to compensation has now been given statutory recognition in the case of transferees (section 51, t.p. act). in the said case, thakoor chunder poramanick v. ramdhone bhuttacharjee (1866) 6 w.r. 228 (f.b.) three propositions are laid down: (1) buildings and other such improvements .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal919
..... , or let on hire, or lease, .or sell any land acquired in pursuance of the act, but the main purpose is what 1 have stated. when the lands have been thus acquired and handed over to the prescribed authority, the development scheme will proceed.16. it appears that the land and land revenue department of the government, ..... is indicated in sub-s. (2) of section, 4 of the act and they are not acts of the kind alleged to have been done on the present occasion. there can thus be no doubt that the lands are now being developed by the prescribed authority under the supervision and control of the belief and rehabilitation department and if ..... lands for some special purposes and it leaves the development or exploitation of lands, so acquired, to a body called the 'prescribed authority.' broadly stated, the scheme of the act is that in the first place the provincial government will sot up an authority for carrying out the purposes of the act. the government will then issue a notification, declaring .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal632,56CWN711
..... not only every kind of criminal case, but also cases which, while not strictly criminal, partake more of a criminal than of a civil character. this development is in conformity with the principle laid down by the commons in a conference with the lords in 1641: 'privilege of parliament is granted in regard of ..... that members of the parliament are exempted by privilege of parliament from detention under regulation 18b of the defence (general) regulations, 1939. preventive arrest under statutory authority by executive power is not within the principle of the cases to which privilege from arrest has been decided to extend. to claim that the privilege extends ..... for membership of either house and further has laid down the disqualifications for such membership. it is argued that as preventive detention under the preventive detention act neither disqualifies a person from being elected nor from continuing to be a member if so elected, such detention therefore cannot be enforced to prevent a .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1956Cal71
..... is certainly some force in his contention but i cannot ignore the long line of decisions of this court and other courts and construe this act against the current of authority simply to give relief to the plaintiff.the legislature must be taken to have been aware of the said decisions and if it intended to ..... mean financial obligations of the nature of loans and guarantees'. the point came up for consideration before my learned brother bose j. in 'hindusthan housing and land development trust ltd. v. state of west bengal reported in 59 cal wn 405 (c). the plaintiff's claim in this case was in respect of compensation ..... properly be classed under 'other financial obligations' mentioned in article 9, indian independence (rights, properties and liabilities) order, 1947.but unfortunately for him the point is covered by authority binding on me. in 'state v. ser-ajuddin batiey' : [1954]1scr378 , it was held that the expression 'other financial obligations' occurring in article 9, indian independence .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal85
..... to allege that the company had failed in complying with requisitions made under clauses vi and viii of the schedule to the act, stated that such requisitions had been inter alia 'by the local authority for the said area or supply, namely, the commissioners of the burdwan municipality.' that language, mr. kar contended, could ..... sought to be supplied by two other affidavits, one of sukumar barat. the engineer of the burdwan municipality, and another of manoranjan datta, superintending engineer, electricity development directorate, government of west bengal. barat sets out the boundaries of the company's area of supply, as given in the licence and also the boundaries of ..... hatch lines'. 'monoranjan datta, in paragraph 11 of his affidavit, states that the map was prepared under his supervision in the drawing office of the electricity development directorate and adds that the limits of the municipality as well as the limits of the area of supply have been correctly shown in the map. according .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal402,63CWN101
..... principles of natural justice.'22. in w. b. s. k. co-operative credit society ltd. v. mrs. bella banerjee, : air1951cal111 the west bengal land development and planning act 1948 was challenged, inter alia, on the ground that it contains no provision for giving the owners of the land to be acquired compulsorily any right to object. ..... therefore, in exercise of the power conferred by sub-section (1) of section 3 of the west bengal land (requisition and acquisition) act, 1948 (west bengal act ii of 1948), read with the authority so vested in me as aforesaid i do hereby requisition the land mentioned in the schedule below and make the following further orders namely: ..... i pointed out that the right to property guaranteed by article 19(1)(f) would likewise continue until the owner was, under article 31 deprived of such property by authority of law'.32. in the second sholapur case, dwarkadas shrinivas v. sholapur spinning and weaving co. ltd., : [1954]1scr674 the supreme court revised its decision .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal222
..... such declaration, 'regulation of mines and mineral development' belongs to the state list and has been provided for in entry no. 23 contained there. there can be no doubt that in enacting the coal mines (conservation ..... as the matter is included in the provincial list. the case cited is one of several decisions where it has been held that the general authority of the dominion legislature under the british north america act to make laws for the 'regulation of trade and commerce' does not entitle it to make laws with respect to a matter which, although ..... of a tax, authorises a levy of a very different kind. the entry empowers parliament to make laws on 'regulation of mines and mineral development to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in public interest.' to the extent that there is no .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal736
..... has now come to this court complaining against the acquisition. the main objection, as propounded by mr. choudhury is that this coal bearing areas (acquisition and development) act is an act which is intended to be utilised for the acquisition by the state of 'unworked land containing or likely to contain coal deposits'. this, he says, is ..... as has been pointed out in the affidavits, this permission was granted by mistake, because the petitioner company did not bring it to the notice of the authorities in calcutta that the area concerned was already the subject-matter of a notification under section 4. this appears to be correct. in the correspondence that was ..... that immediately after a mine is operated, returns must be filed snowing details of the working and the coal must be graded after due inspection of the authorities. during all this time, the returns made by the petitioner company showed that no coal had ever been raised. it appears from the correspondence that although official .....
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