Court : Kolkata
Decided on : Mar-13-1970
Reported in : AIR1970Cal513,[1971]41CompCas603(Cal)
..... precise nature of the interest of a nominee in the contemplation of section 39 of the insurance act.12. sub-section (1) of section 39 provides that the holder of a policy of life insurance on his own life may nominate the person to whom the money secured by the policy shall be paid in the event of his death ..... the policy so as to enable the assignee to recover the money due under the policy and appropriate the same.26. assignment under section 38 and nomination under section 39 of the act are two entirely different concepts altogether. the assignment of the policy confers upon the assignee the benefits under the policy, and by ..... his heirs or legal representatives or the holder of a succession certificate. under sub-section (6) of section 39 of the act if there are more than one nominee, and one or more of such nominees survive the assured, the amount secured by the policy would be payable to the survivor or survivors of the nominees. ..... no mention of it is to be found in the grounds of appeal. the policy is embodied in a printed form. some of the printed clauses are patently inapplicable to the contract of insurance evidenced by the policy. no doubt, the words 'children's endowment' appear at the top of the policy in ..... suit is dismissed as against the said life insurance corporation of india. the respondent no. 1 the united bank of india, will pay the appellant's costs of the appeal and of the trial.b.c. mitra, j.23. i agree with the judgment and order made by my learned brother but .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-14-1970
Reported in : AIR1971Cal150
..... having jurisdiction over the defendant to entertain the suit, no leave under clause 12 of the letters patent was at all necessary.39. it was further contended that as the said cargo was delivered to southern railway administration, benefit under section 70 of the contract act was enjoyed not by the eastern railway administration but by the southern railway administration and so this court ..... defendant.30. in civil appeal no. 19 of 1967 (pilloo dhunjishaw sidhwa v. municipal corporation of the city of poona) the supreme court, in its unreported judgment d/- 15-1-1970 = : [1970]3scr415 , laid down the law on the subject in the following terms:'in our view the high court was in error in holding that the plaintiff is entitled not to ..... loss suffered by the plaintiff but on the benefit which is enioyed by the defendant at the cost of the plaintiff which is wholly unjustified for the defendant to retain.29. in assessing the compensation payable under section 70 and third paragraph of section 73 of the act, the court shall take into account what the parties contemplated to be a reasonable compensation at ..... a lesser compensation is allowed to the plaintiff then it will amount to an unjust enrichment by the defendant at the cost of the plaintiff. the defendant has been benefited by thesaid service and has enjoyed the benefit at the cost of the plaintiff and it is unjust for the defendant not to pay the amount claimed by the plaintiff which the .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-16-1970
Reported in : AIR1970Cal485,1974CriLJ1341,74CWN847
..... that in the government of india act 1935, in the letters patent of 1865 and in the criminal procedure code, appeal and revision have been dealt with separately. in sub-section (2) of section 224 of the government of india act, 1935, it is provided that'nothing in the section shall be construed as giving to a ..... in valid proceedings to give effect to any order under the code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. there is no inherent power in a court to assume jurisdiction. jurisdiction can be conferred only by statute. in : air1952cal835 ..... trials of cases before any court subordinate to a high court. in that event, a subordinate court may make an entry under section 273. sub-section (4) of section 439 lays down that in that case the high court although possessing revisional powers over such subordinate court in all other respects ..... revision like appeal is a creature of statute and in the absence of an enabling statutory provision neither revision nor appeal will lie. in : [1970]1scr322 the supreme court observed:'two things are required to constitute appellate jurisdiction; the existence of the relation of superior and inferior court; and the ..... court merely because it is a superior court. power has to be expressly given to the superior court to interfere in appeal or in revision.39. mr. roy submitted that as revisional jurisdiction is a part of the appellate jurisdiction, the existence of appellate powers in the high court .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-28-1970
Reported in : AIR1972Cal160,75CWN236
..... subordinate to and subject to the superintendence of the high court within the meaning of the letters patent for the high court and of the code of civil procedure, 1908. section 4 provides for the appointment of judges. section 5 of the act states that the local limits of the jurisdiction of the city civil court shall be the ..... 247 of the constitution as we have read it.13. the next contention that requires consideration in this case is, whether in providing sub-section (2) of section 5 of the act wherein it has been stipulated that the city civil court shall have jurisdiction and the high court shall not have jurisdiction to try suits and ..... another list will not matter. (see the observations of the supreme court in the case of second gift tax officer, mangalore v. d.h. hazareth, (air 1970 sc 999). we have held that the establishment of the city civil court by the state legislature in 1953 was within the competence of the state legislature in view ..... jurisdiction and took away jurisdiction of the high court in respect of the proceeding under the guardians and wards act. 1890 and part x of the indian succession act. 1925, (xxxix of 1925), in respect of succession certificates. sub-section 4 states that the city civil court shall not have jurisdiction to try suits and of the description specified ..... the application under article 226 of the constitution is hereby confirmed in the facts and circumstances of this case there will be no order as to costs. arun k. mukherjea, j. 19. i agree. .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-28-1970
Reported in : AIR1971Cal78,[1971]41CompCas1063(Cal)
..... winding up petition. such right accrues to the creditor because of neglect of the company to pay or to secure or to compound within the meaning of section 434 of the companies act, 1956. here the right to present the petition accrues because of the company's failure to perform the statutory ..... same were acquired as also the reasons why interest had not been collected for such a long time. thereafter on february 6, 1970 the notice under section 434 of the companies act, 1956, was sent by sampat's solicitor to the company claiming the sum of rs. 4282.50. in reply thereto messrs. ..... the petitioner to file a supplementary affidavit to corroborate the statements made by his father. in the said supplementary affidavit affirmed on august 13. 1970 the said petitioner corroborated the aforesaid statements of his father. in this connection the correspondence should be considered to ascertain the conduct of the ..... did not produce any proof of payment of consideration. then again a letter was received from the hongkong and shanghai banking corporation dated april 20, 1970 whereby the said company intimated that ten debentures nos. 171 to 180 of calcutta safe deposit co., ltd. (which included the said, three debentures ..... .39. the overall result is that none of the grounds raised by mr. mittpr can amount to a bona fide or substantial dispute in respect of the claim put forward by the petitioner in his winding up petition and accordingly this application must be and is hereby dismissed with costs. .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-20-1970
Reported in : AIR1970Cal462,[1970]78ITR214(Cal)
..... section 11 of the act ..... 1970 ..... act ..... act ..... act, ..... act ..... act ..... sections ..... act ..... act ..... act ..... act ..... act ..... act, ..... act ..... act ..... act ..... act ..... act which ..... india act, 1935 ..... act ..... act ..... section ..... act ..... act ..... act and the wealth tux act ..... act ..... act ..... act. ..... act ..... act or the indian income-tax act ..... section ..... section 2(e) of the wealth tax act. now, section ..... act the ..... section 2(e) of the act ..... section 5 of the act may also be seen. indeed, section 7 of the act ..... act.17 ..... section 33 of that act ..... act and the west bengal estates acquisition act ..... section 7 of the act ..... act of . 1953. in the said act ..... section 21 of the act ..... act which provides by section ..... section 2(e) of the wealth tax act ..... section 2(e) of the wealth tax act ..... section 6 of the transfer of property act ..... section 2(e) of the wealth tax act ..... section 5 of the wealth tax act ..... section 7 of the wealth tax act ..... section 7 of the wealth tax act ..... sections 7, 8 and 9 of the act ..... sections of the west bengal estates acquisition act ..... section 2(e) of the wealth tax act ..... sections of the west bengal estates acquisition act ..... sections of the west bengal estates acquisition act and the wealth tax act ..... act in this case read with the wealth tax act ..... act is an ..... section 7 of the wealth tax act ..... section 2(e) of the wealth tax act ..... section 10 of the west bengal estates acquisition act ..... 150:'nor has he pressed the contention that the amount of compensation paid or payable to the assessee under the act ..... 39. the second condition that this right must mean that at least some compensation must be payable in any event. now the point is that under the scheme of the west bengal estates acquisition act .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-29-1970
Reported in : AIR1971Cal507
..... determining any such question have due regard to the rules of evidence specified in sch. iii.'11. therefore, it is for the authority as contemplated in sub-section (2) of section 9 of the citizenship act to determine the question as to whether the applicant is an indian national. this court has no power to so decide : air1958all165 . in the instant case the ..... . according to the petitioner, from the said special jail, on or about january 31, 1968, the petitioner together with other detenues were brought to the office of the deputy commissioner, security control, 237, lower circular road, calcutta, where the petitioner was coerced to sign certain documents. the petitioner signed the said papers under protest while he was being held in police ..... police, madras, : [1965]2scr884 wherein it was held that mere obtaining a foreign passport cannot be regarded as conclusive proof of voluntary acquisition of foreign citizenship.8. section 9(2) of the citizenship act and rule 30 (2) of the rules framed thereunder lay down that such enquiry as to whether the petitioner had acquired chinese citizenship can be made only by ..... suit is for a declaration that the plaintiff is a citizen of india, permanent injunction restraining the defendants, their servants and agents from treating the plaintiff as a foreigner and costs.3. the facts leading to the present application are that the petitioner's parents came to india in 1910, to permanently settle in india. according to the petitioner the original .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-16-1970
Reported in : [1970]78ITR427(Cal)
..... contentions of the learned counsel for the parties, it would be convenient to consider the relevant provisions of the repealed income-tax act, 1922, and the present act. the corresponding provisions in the repealed act was in section 46(5a) which entitled the income-tax officer by notice in writing (a copy of which was to be forwarded to the ..... the taxpayer; and, further, that the income-tax officer cannot by an unilateral decision as to the benami character of the petitioners' business give himself jurisdiction under section 226(3) of the act.4. in the affidavit-in-opposition filed by one nandanandan mishra, the present incumbent to the post of income-tax officer, 'k' ward, district 1( ..... hereinafter referred to as the bank, and in march, 1968, it had deposited with messrs. andrew yule & co. ltd. a sum of rs. 1 lakh as security deposit for being appointed a broker for the sale of jute goods of that company and an amount of rs. 75,000 is, lying with the company to the credit ..... judge of the andhra pradesh high court in p. rajeswaramma v. income-tax officer, nellore, [1960] 39 i.t.r. 654 which was on section 46(5a) of the repealed act. the learned judge held that the provisions of that sub-section were intended to apply only to an admitted liability. where a person admitted by word or conduct that ..... nos. 1, 2 and 3 would be directed to forbear from giving any effect to the said impugned notices. there would be no order as to costs. the operation of this order would be stayed for four weeks. .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-14-1970
Reported in : AIR1971Cal182,75CWN517
..... to specific performance of the contract for sale of a premises. it was held that before the court could make an order under cl. (c) of section 35 of the old act, it must be satisfied that the purchaser had made default in payment of the purchase money or any other sum which the court ..... not heard and disposed of until september 2, 1968, and therefore. it was contended, between july 13, 1966, and september 1, 1968, mundhra could have secured the shares upon payment of the price in terms of the decree. his failure to do so. it was argued, clearly established his unwillingness and refusal to ..... the sum of rs. 86,60,000/- within the period to be fixed by the court, the contract do stand rescinded. this application was dismissed with costs on september 28, 1965, and the vendor preferred an appeal against the order of dismissal (appeal no, 286 of 1965). this appeal was dismissed on august ..... . we hold that the appellant's right to maintain this application was not preserved and protected by section 3 of the new act and section 6(c) and (e) of the general clauses act.39. a large number of cases were relied on by counsel for the parties in support of their contentions regarding the maintainability ..... section 6(c) and (e) of the general clauses act was an accrued and vested right and not an expectation of a right to accrue in future. in support of this contention reliance was placed by mr. deb firstly on a decision of the judicial committee ogden industries pvt. ltd. v. heather doreen lucas, 1970 .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-16-1970
Reported in : AIR1970Cal548
..... collector. the working of a brewery without a licence or any breach of the terms thereof has been made an offence under section 46 of the act, sections 42 and 43 of the act give the authority powers under certain circumstances specified to cancel, suspend and withdraw the licence. inasmuch as certain arguments were advanced ..... sabitri thakurain v. savi, 48 ind ann 76 = (atr 1921 pc 80) it must be held that order 41, applies to the appeals under letters patent. therefore on a matter of procedure mr. deb is right in his submission that without filing any cross-objection mr. chatterjee's client cannot support the appellant ..... the receiver appointed by this court has been granted brewery licence and the receiver had this licence renewed in the year 1969-70 ending 31st march, 1970. therefore, in view of the fact that the period for which the application for renewal in respect of which application under article 226 of the ..... it appears the then minister for excise, mr. i. d. jalan considered the matter and recorded certain decisions and directions, which are appearing at pages 150-155 of the paper book. it was further contended that on the 12th may, 1965, there was a letter which is at page 101 of the ..... in this judgment. subject to the aforesaid variation the appeal is dismissed. the parties will pay and bear their own costs of this appeal. we however do not vary the order for costs as directed by the learned trial judge.20. there is an application for the discharge of the receiver and for .....
Tag this Judgment!