Court : Kolkata
Reported in : AIR1961Cal398,65CWN259
..... thereto. thus, the definition continued to be an enlarged one. the ordinance was followed by the temporary enactment act 1947 and finally by the west bengal premises rent control act 1948 (act xxxviii of 1948). by section 2(8) of the said act, 'premises' was defined as any building or part of a building or any hut or part of a ..... geo 5 cl. 17) which extended the scope of the act to business premises was repealed in 1927. these acts are intended to regulate the letting out of dwelling houses only. under the english law, the word 'market' is derived from the latin 'mercatus' which signifies trade or traffic or buying and selling, and is at common law, either, ..... a franchise or the right to hold a concourse of buyers and sellers. it also denotes a place where such a concourse usually takes place. 'markets' in england are regulated by royal charters or act of parliament,like the markets and .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal189
..... , who was an officer subordinate to the assistant commissioner of police appointed as special police officer to deal with the offences under the supression of immoral traffic act, and was not himself such special police officer, the investigation was illegal. accordingly, the learned magistrate ordered that the case be filed for the present ..... of police in the district, by necessary implication it follows that it is intended to exclude the general police from taking cognizance and investigating offences under the immoral traffic act. in this connexion, we may refer to the decision of soma-sundaram, j,. in the case in re. kuppammal, : air1959mad389 . therein the view was ..... support of his contention that the provisions of section 5(2) of the code of criminal procedure would apply even to proceedings under the suppression of immoral traffic act and that therefore offences under other laws, i.e., laws other than the indian penal code, may also be investigated according to the same procedure as .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal365
..... the petitioner wrote to the calcutta dock labour board and referred to this letter of the traffic manager and claimed that there was no existing practice of issuing licences by the port autliorities and, therefore, the petitioner's name should be registered, even ..... bye-law no. 4a was published in august, 1957, even in 1959 the port authorities were blissfully ignorant of it. on the 17th february, 1959 the traffic manager actually wrote to the petitioner that the matter of issuance of licences to stevedores by the commissioners was 'still under consideration'. on the 28th february, 1959 ..... of the states and of local or other authorities within the territory of india or under the control oi the government of india. article 367 of the constitution lays down that, unless the context otherwise required, the general clauses act, 1897 is to be applied tor the interpretation of the constitution. the word 'local authority' .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal456
..... given by the arbitrator and took every step contesting the contractor's claim in the arbitration proceedings. it is, therefore, submitted that the government by its act and conduct waived and/or acquiesced in the irregularity, if any, and is therefore estopped from asserting the same.8. the contractor further contended that the same ..... arbitration, sri b.k. guha was the superintending engineer of the delhi aviation and planning circle, new delhi and not the proper superintending engineer competent to act as arbitrator under the-arbitration clause in the contract. then it is contended that agreement dated november 12, 1952 is of no effect inasmuch as n. v ..... calcutta aviation circle c. p. w. d. andthat his award shall be final, conclusive and binding on the parties and the provision of the indian: arbitration act of 1940 shall apply to said arbitration. 2. that the respective arbitration clauses and the said agreements be read and construed as if there was inserted therein the words .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal578
..... court on this point in diwan sugar and general mills (private) ltd, v. union of india, : air1959sc626 , wanchoo, j. dealing with the essential commodities act, 1955 and sugar control order, 1955' and with similar argument there advanced that the factories were being compelled to sell below the cost of production and the price fixed by the central government ..... die price at which sugar might be sold it was held that as long as the central government exercised this power in the manner provided by the act and the order, namely the sugar (control) order 1955 it could not be said that an appeal from the decision of the central government should have been provided. (per wanchoo j., in ..... income-tax officer to another at any stage of the proceedings. it was upheld on the ground, that it was a power guided and controlled by the purpose which was to be achieved by the act itself viz., the charge of income-tax, the assessment and collection thereof. it was to be administered? by high officials. if there .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal530
..... the state of the body corporate of the port commissioners of calcutta has been already shown by our survey of the different sections of the act. such control by the state comes within the meaning of this constitutional provision. in any event, the word 'state' here also means the port commissioners under article 12 of the ..... and as dedicated to the state for public use. dedication is always implied in the concept of a highway. highway itself imports the notion that it is open to traffic and transport to all, and that is why it is called a highway. these features are absent in the present appeal before us. here there is no question of ..... satisfies all qualifications because giving of a licence to ail qualified persons would be to defeat the very object of a licence in the present circumstances of regulating and controlling unguided exploitation of dock labour by limiting employers on the register licence in this context remains a discretion.50. a preliminary point is made on behalf of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal1
..... and really to prevent unguided and unregulated speculation in forward contracts in the indian market. therefore, the whole object of the notification under the act was to control such forward contracts by insisting upon the permission of the central government so that the central government could check whether such forward contracts were purely ..... affidavit whether the respondent was unaware, as a business company, of this well-known notification and still more well known statute, the forward contracts (regulation) act, 1952, although it would not have mattered for ignorance of law could be no excuse. the buyer foreign company registered abroad is likely to presume ..... st. mary axe, london, e. c. 3, england. the seller is the bengal corporation private ltd., a company incorporated in india under the indian companies act and carrying on business at 14, netaji subhas road, calcutta. the indian sellers failed to deliver the goods. the english buyers took arbitration proceedings under the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal311
..... the rule requires that the pilot-in-command of the aircraft must occupy the specified seat in the aircraft. by occupying that seat, the pilot can have proper control of the aircraft and proper look-out. the qualification for being a pilot for flying different classes of aircraft is determined by different rules, and on that determination ..... rule 115 indicates the seat to be occupied by the pilot. the reason given in the rule itself is 'to facilitate the application of the rules of air traffic contained in this part.'' it is title that these rules are general in character and are applicable to all aircrafts, public and private commercial and non-commercial. ..... in cases like the one we are considering as rules of justice, equity and good conscience.21. reference has already been made to the carriage by air act (act xx of 1934). it purports to adopt warshaw convention for the unification of certain rules relating to international carriage by air. these rules relating to international carriage .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal380
..... is apersonal representative, but an administrator is not. my attention was drawn to article 29 ofthe english table 'a' at page 816 in buckley on the companies acts, 13th edition. this article provides that in the case of the death of a member the survivor or survivors where the deceasedwas a joint holder, and the legal ..... --not doing something which youought to do, having regard to the relations whichyou occupy towards the other persons interestedin the transaction.'16. applying this definition to the acts ihave enumerated, there is no doubt that 'default'has been made by the company in the instantcase and as such the petitioner is justified in coming to ..... should have made express provisions in the 1956 act to that effect. section 155 has not been enacted subject to section 111. i may repeat the observations of the bombay high court in sadashiv v. gandhi sewak samaj ltd., : air1958bom247 that section 155 is the controlling section and gives the court an overriding power notwithstanding any .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal592
..... and public carriers;(ii) regarding the prohibition or restriction, subject to such conditions as may be specified in the directions, of the conveying of long distance goods traffic generally, or of specified classes of goods, by private or public carriers;(iii) regarding the grant of permits for alternative routes or areas, to persons in whose ..... existing fares. it, therefore, made a representation to the regional transport authority to amend the route permit by extending the same to karimpur, so that larger passenger traffic might make up for the running costs.2. not only was the representation made by the petitioner left unattended but the regional transport authority, it is alleged, ..... ply buses on a new route. he invited my attention to sections 43, 46 and 47 of the motor vehicles act, 1939, in support of his contention.7. section 43 deals with powers of the state government to control road transport and is set out below:'section 43: (1) a state government having regard to-- (a) .....
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