Court : Kolkata
Decided on : Aug-14-1970
Reported in : AIR1971Cal150
..... . 26,721/- and as the supreme court allowed 6 per cent interest in pilloo dhanji shaw's case, civil appeal no. 19 of 1967, d/- 15-1-1970 = : [1970]3scr415 the plaintiff is also entitled to get interest at the same rate from 25th november, 1960.49. the plaintiff having succeeded in this suit and the defendant having ..... 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 ..... 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 .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-28-1970
Reported in : AIR1972Cal160,75CWN236
..... entry in 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 of ..... (3) gave city civil court 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 ..... 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 .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-16-1970
Reported in : AIR1970Cal485,1974CriLJ1341,74CWN847
..... of revisional powers,41. in our opinion, mr. banerjee is right in his contention. it is not without significance 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 ..... right of appeal. 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 power on the ..... not lie to 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 predicates the existence of .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-13-1970
Reported in : AIR1970Cal513,[1971]41CompCas603(Cal)
..... at the trial. 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 print. be that as it ..... . when the court is invited to give effect to a statutory provision which applies only to life insurance and the case to which it is sought to be applied is patently not a case of life insurance, i do not think there is any principle of law under which the court is obliged to shut its eyes and misapply the statute ..... 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 virtue of the assignment he is the .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-29-1970
Reported in : AIR1971Cal507
..... . this is an application for an injunction restraining the respondents from instituting any proceeding, taking any action or passing any order against the petitioner under the foreigners act, 1946, until the disposal of the suit.2. the suit is for a declaration that the plaintiff is a citizen of india, permanent injunction restraining the ..... any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january, 1950, and the commencement of this act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of india. ..... to appoint an authority to decide as to whether the applicant has acquired the citizenship of any other country. rule 30 of the rules framed under the act provides as follows:--'30. authority to determine acquisition of citizenship of another country--(1) if any question arises as to whether, when or how any person .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-14-1970
Reported in : AIR1971Cal182,75CWN517
..... . 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 of the application. in view of what ..... 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 ac 113 (pc). in that case an employee .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-28-1970
Reported in : AIR1971Cal78,[1971]41CompCas1063(Cal)
..... persons from whom the 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. t. banerjee & ..... answered satisfactorily. the petitioner 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) were delivered to ..... satisfaction of the creditor' in relation to the secured creditor.38. the result is that mr. mitter's contentions on this point fails and the same are rejected.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 .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-10-1970
Reported in : [1970]26STC489(Cal)
..... 10 s.t.c. 155, holding that the powers given to the revising authority under section 12(2) were not confined to errors patent on the face of the record but would extend to probing further into the records like calling for despatch registers and ors. evidence. thereafter ..... and in the circumstances of the case, in exercise of his powers under section 20(3) of the bengal finance (sales tax) act, 1941, the additional commissioner was competent to reassess the gross turnover of the petitioner by taking into consideration additional material which had not ..... scrutinised for ascertaining the legality or propriety of an order or regularity of the proceeding. but there is nothing in the act that for passing an order in exercise of his revisional jurisdiction, if the revising authority is satisfied that the subordinate officer has ..... case the assessee shall pay one set of costs for these two references.39. both these references are disposed of accordingly by this one judgment.t.k. basu, j.40. i agree. .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-16-1970
Reported in : AIR1970Cal548
..... in the case of 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 question however ..... a matter of fact 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 constitution was made has ..... that the limited company is alone entitled to grant or renewal of the licence. it was further asserted that in view of the amendments made to the pal excise act by the act of 1965 the state government has jurisdiction and authority to issue directions of the type that it has done in this case. on the other hand, on behalf .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-20-1970
Reported in : AIR1970Cal462,[1970]78ITR214(Cal)
..... compensation assessment roll have not been ful-filed and where nothing has been paid as ad interim or other compensation in the meantime, although to-day in 1970 sixteen years have elapsed since the vesting took place in 1954. the plain contention of the state is that this property is created by the compulsory statutory ..... legally impossible, and even imaginatively inconceivable? his valuation may be entirely different from the valuation of the compensation by the compensation officer under the west bengal estates acquisition act, in other words, the result is that the wealth tax officer's valuation of this right to compensation, may be entirely different from the valuation of the ..... to compensation in the facts and circumstancts of the case in the instant reference. the first condition, therefore, of a right is not satisfied in this case.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 .....
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