Court : Kolkata
Decided on : Mar-30-1962
Reported in : AIR1962Cal625,66CWN774
..... . section 3(1) of the act provides that on and from the appointed date the management of the controlled business of all insurers shall vest in the central government. then came the life insurance corporation act of 1956. section 7(1) of this act prescribes that on the appointed day, that is, on the day of the establishment of the life insurance corporation under the provisions of the act, there shall be transferred to and vested in the corporation all the assets and liabilities appertaining to the controlled business of all insurers. the life insurance corporation has been made a party to the suit by an amendment and is now the defendant no. 3.25. the effects of these provisions have been considered by the allahabad high court in madan mohan v. omprakash : air1957all384 . an application ..... by a responsible railway officer that all the elements constituting the liability of the railway had been admitted in this letter. in the instant case it has to be seen whether the letter of the 6th/7th january, 1954 contains admission of facts of which the liability in question is a necessary consequence.43. the next case relied on was the judgment of bose, j. (as his lordship then was) in hindusthan housing and development trust ltd. v. state of west bengal, 59 cal wn 405 -- this was acase for recovery of compensation for requisitioned properties. his lordship was of opinion that article 120 .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-27-1962
Reported in : AIR1963Cal421,[1963(6)FLR378],(1963)IILLJ569Cal
ORDERP.B. Mukharji, J. 1. These two applications under Article 226 of the Constitution were by consent directed to be heard together because they raise the same points of controversy. There is a minor difference between them but that is not very material and I shall deal with that difference later on. 2. The petitioners are drivers employed under the Durgapur Steel Project under the Hindusthan Steel Limited. The first petitioner in Rule No. 4052 of I960 was appointed on the 1st April, 1957 pursuant to an offer made on the 26th March. His services were terminated on the 20th June, 1959. He did not obtain the Rule until as late as 19th September, 1960. The petitioner in the other Rule, Bimal Chandra Majumdar was appointed on the 21st September, 1957 on an offer made on the llth September 1957. His services were terminated on the 14th April, 1959. He did not obtain this Rule until 17th January, 1S61. Delay has been urged as a ground in both the cases on which it has been contended that th...
Tag this Judgment!Court : Kolkata
Decided on : Aug-22-1962
Reported in : AIR1963Cal56,[1962(5)FLR339],(1963)ILLJ100Cal
Sinha, J. 1. This is an appeal, against an order made by Mitra, J., on the 19th September, 1960 by which he allowed an appeal under Section 11 of the Indian Trade Unions Act, 1926 against the order of the Registrar of Trade Unions, West Bengal, cancelling the certificate of Registration No. 3487 granted to the Employees' State insurance Corporation Employee's Union. The facts are shortly as follows : The Employees' State Insurance Corporation came into existence under the provisions of a Central Act, namely, the Employees' State Insurance Act (Act No. XXIV of 1948). It is art Act to provide for certain benefits to employees in case of sickness, maternity and 'employment injury' and to make provisions for certain other matters in relation thereto. At a meeting of (the employees of ft the Employees' State Insurance Corporation, held on the 7th June, 1956 it was resolved to form a Trade Union of their own. This Trade Union made an application for registration under the Indian Trade Unions...
Tag this Judgment!Court : Kolkata
Decided on : Jan-10-1962
Reported in : [1962]46ITR847(Cal)
G.K. MITTER J. - The questions referred to this court by the Tribunal arise out of the termination of the agency business carried on by the assessee of explosives manufactured by a Scottish company, the Imperial Chemical Industries (Export) Limited. In the eightys of the last century Gillanders Arbuthnot & Co., a firm, became the agents of the Scottish Company for the sale of their explosives of various kinds in India. The original agreement in writing is not before us but the parties have proceeded on the basis that there was such an agreement. The business of the firm was taken over in the year 1935 by the assessee company along with the above-mentioned agency as well as other agencies of various manufacturers and producers. In the year 1945 the Scottish Company appears to have informed the assessee that its agencies in India and Ceylon were going to be taken over by the Imperial Chemicals Industries (India) Limited within two or three following years. In fact the agency came to an e...
Tag this Judgment!Court : Kolkata
Decided on : Sep-12-1962
Reported in : AIR1963Cal152
Bose, C.J.1. This is an appeal from an order of Banerjee J, dated the 7th June, 1962 summarily rejecting an application under Article 226 of the Constitution and refusing to issue a Rule Nisi.2. The appellant carries on business under the name and style of Narayan Timber Works at premises No. 67/23, Strand Road, Calcutta, as the sole proprietor thereof. The business consists, inter alia, in the sale and purchase of various kinds of timber and wood. In October 1961 the appellant entered into a contract with Scindia Steam Navigation Co. Ltd. for the purchase of unserviceable dunnage wood. The importation of dunnage wood was et the material time governed by a notification dated the 22nd October, 1960 issued under the provisions of the Sea. Customs Act, 1878. On 3rd October, 1961 the appellant received from the Scindia Steam Navigation Co. Ltd. respondent No. 4. a letter offering 15 torts of dunnage wood from its steamer 'S. S. Jalakirti'. The steamer S. S. Jalakirti entered the Calcutta P...
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