Court : Kolkata
Reported in : 2006(4)CHN578
..... a permit is to be granted as a matter of course in the ordinary run of events, notwithstanding apprehended increase in traffic, unless there is some restriction imposed in accordance with section 71(3)(a) of motor vehicles act.12. it was observed in the said judgment that 'in view of the introduction of section 80 in the motor ..... , in fact sought to strengthen his argument in this context by further relying upon the decision in the case of p. mahendran and ors. v. state of karnataka and ors. reported in air 1990 sc 406, and was contended that construction of such notification should be made in a reasonable manner to avoid unnecessary hardship to ..... those who have no control over the subject-matter.16. learned counsel appearing for the respondent went a step further by submitting with emphasis that instead of leaving the matter once again to .....
Tag this Judgment!Court : Kolkata
Reported in : (1899)ILR26Cal465
..... of fire-works in the passenger compartment, these are matters peculiarly within the knowledge of the defendants themselves, who have the sole control of the traffic and alone know the methods by which that traffic is regulated. it is, therefore, in my opinion the duty of the defendants to produce the evidence on these matters to show ..... (530); and even apart from any question of crime, it is surely reasonable for every man to assume that his neighbour will not do an illegal act, and to act on that assumption.48. further, there is no statutory obligation on the railway company to put up notices warning passengers of the penalties for carrying dangerous goods ..... by law, and that in considering the question of omission on their part he has overlooked the fact that it is the amount of control possessed by the company over the act or acts complained of that determines their liability.88. these, in substance, represent the principal objections urged against the lower court's judgment. if i .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1939Cal513
..... the sarang on the 'tiktiki' there could be no objection to the arrangement and that orders could be given and carried out efficiently in this manner. the various controls within the pilot house or bridge are near one another as we saw on inspection of the vessel and there was no difficulty in one man operating on all of ..... river steam navigation co. have a common staff and common agents at all places outside calcutta. even at calcutta some of the staff is common. the claims department, the traffic department and various other departments are common. in fact the river service is run jointly by these two companies. the conduct of mr. killick at the time of the ..... master of the 'janardan' offended against article 21 of the rules promulgated by the government in. the exercise of the powers conferred by section 52, inland steam vessels act 1917 (act 1 of 1917).3. the definite case made out in the plaint is that the collision took place on the western portion of the fairway or channel and. before .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal111
..... is provided that the term 'public purpose' includes :'(i) the settlement of immigrants who have migrated into the province of west bengal on account o circumstances beyond their control,(ii) the establishment of towns, model villages and agricultural colonies,(iii) the creation of better living conditions in urban and rural areas, and(iv) the improvement and ..... are or may be ultra vires the constitution and void.70. for these reasons, it must be held therefore that the west bengal land development and planning act, 1948, (act xxi [21] of 1948) is not in its entirety ultra vires. the provision that the maximum sum payable in respect of such acquisition is to be ..... constitution as being in conflict with article 19(1)(f) and article 19(5) of the constitution. again the learned advocate-general contended that as the act dealt with compulsory acquisition, its validity could not be tested by the provisions of article 19 which must be construed as dealing with matters other than compulsory .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal310,[1960(1)FLR343],(1960)IILLJ334Cal,(1960)IILLJ334Cal
..... barriers are closed. there is a notice board near the barrier warning that persons crossing the barrier when the bridge is open will be prosecuted. there is also a traffic control notice that the speed limit over the bridge is 5 miles per hour. ismail was proceeding west to east. he had crossed the bridge and the barriers and ..... raised by the appellant and set aside the order made by the commissioner for workmen's compensation and dismiss the respondent's application for compensation under the workmen's compensation act. 10. in the circumstances of the case, i would make no order as to costs. bachawat, j. 11. on december 29, 1955 mohamed ismail, an employee of ..... the deceased ismail, having regard to the nature of the duties he was required to perform, was not a workman within the meaning of the workmen's compensation act this question depends upon a consideration of the evidence relating to the nature of the duties required to bo performed by ismail and also upon a correct interpretation of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal98,1961CriLJ242,65CWN712
..... 1000/-. thereupon, an application was made to the supreme court and one of the points taken was that portions of section 3(2) of the imports and exports (control) act, 1947 offended article 14 of the constitution. sarkar, j, said as follows :'another similar argument was that section 167, item 8, of the sea customs ..... no. 085/sr 1082754. this man had signed the consignment note in the presence of the officers. a loader of m/s thai airways co. ltd. and the traffic assistant of the indian airline corporation, stated that they would be able to identify the person. in fact, they identified sri bhagwandeo tewari employed by m/s agrawal trading ..... of 191, harrison road, calcutta. thereupon, the customs authorities took out a search warrant from the chief presidency magistrate of calcutta under section 172 of the sea customs act and the office of the petitioner firm was searched as also the residence of the partners, on scrutiny of the documents seized the following facts appeared: (1) on .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal125,65CWN213
..... municipal provision for the registration of the carts and taxing their trade or calling transfer traffic control to the corporation of calcutta. section 610 of the calcutta municipal act 1951 also is an answer to this argument. it provides:'except in this act otherwise expressly provided, nothing in this act shall be deemed to affect the provisions of any other enactments.'this section makes it ..... order under these sections can be made. a representative and responsible state government may, not unreasonably, be assumed to act reasonably before giving its sanction. see the observations of das c. j., in : [1958]1scr308 . having regard to the reasons of traffic control and having regard to the eleven reasons set out in the affidavit of the government, i am unable to hold .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal60,[1961(3)FLR139],(1961)IILLJ459Cal
..... in form d-1 and may require any person to produce before it any books, papers or other documents and things in the possession of or under the control of such person in any way relating to the matter under investigation or adjudication by the board, court, labour court or tribunal which the board, court, labour ..... whom there can be an industrial dispute appears from the definition of the expression 'industrial dispute' as defined in clause (k) of section 2 of the said act. such a dispute can exist only between employer and employer or employer and workmen or between workmen and workmen. it follows, therefore, that an industrial dispute can ..... an indenture of trust relating to the start provident fund of the company. by an order dated 3rd august, 1959 made under section 10 of the industrial disputes act, 1947 the government referred an industrial dispute existing between the company and their workmen represented by blackwood hodge employees' welfare union, being the respondent no. 2 herein, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal636,65CWN153
..... 171.'whenever any body of persons having legal authority to determine questions affecting the rightsof subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs,'5. the original order of assessment was passed under section ..... properly verified. on the other hand, there is cogent and uncontradicted evidence that the culverts are road structures and are designed to take loads transmitted by road traffic.24. no reasonable body of men having proper regard to the meaning of the expression of 'structure' in the context of item 63(9) could have ..... description of the goods. they contend that the goods are assessable to customs duty under item 63(9) o the first schedule to the indian tariff act, 1934 (act xxxii of 1934). by an order dated the 30th june, 1955 the assistant collector of customs for appraisement rejected the respondents' contention and assessed the duty .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal383
..... of the freight charged are not challenged. i am satisfied with this evidence and so i answer the issue no. 1 in the affirmative.4. the defendant examined their chief traffic assistant. he knew the goods were cigarettes and admitted that the outer covers of the packets were soaked (question 169). his evidence as to the sudden rain at the ..... 3 of the conditions printed at the back of the agreement being consignment note annexure a to the plaint?4. where the damages caused to the said goods beyond the control of the defendant and could not be foreseen or prevented by them by exercise of any reasonable amount of care and diligence?5. to what relief, if any, is ..... to deal with the law relating to common carriers and notwithstanding the generality of some expressions in the chapter of bailment they thought that common carriers were not within the act, thus deciding in favour of the view of the high court of calcutta and against that of the high court of bombay. this question can now be taken to .....
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