Court : Kolkata
Decided on : Aug-14-1970
Reported in : AIR1971Cal150
..... for the same reason i am unable to accept the contention of the counsel for the government that article 18 of 1963 act is applicable to a claim for compensation made under section 70 of the contract act. order of amendment was made within 6 years and so the claim of the plaintiff is not barred.47. it is to be remembered ..... court inasmuch as when the court assumed the jurisdiction at the initial stage there were sufficient averments in the plaint to grant leave under clause 12 of the letters patent. for all these reasons i hold that this court has jurisdiction to try this suit.42. coming now to the contention regarding the invalidity of the notice under ..... of a suit the defendant carries on business within the jurisdiction of this court. it does not matter in the least that leave under clause 12 of the letters patent was obtained on the averments that a part of the cause of action had arisen within the jurisdiction of this court. the defendant in its eastern railway administration carried .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-11-1970
Reported in : AIR1971Cal421
..... the relevant register, but thereafter, on 3rd may, 1957, in a proceeding between the parties concerned, the patent was revoked by oak j. of the allahabad high court. in consequence of the said revocation, the relevant patent register was amended on 12th november, 1957. thereafter, upon respondent's appeal, a division bench of the allahabad high court ..... date. thereafter, on 13th april, 1966, the present application was made by the appellants under section 64 of the above act for rectification of the patent register by making a note therein that the above patent had ceased by reason inter alia of non-payment of renewal fees in time. it is to be noted here that, ..... 1scr1177 . it was mr. basak'u submission that in the instant case and cases of the present type, this court, sitting in appeal over the competent authority, really acted as a persona designate in the light of the above authorities and, accordingly, the decision, complained against, would not come within the purview of art 133(1) of .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-28-1970
Reported in : AIR1972Cal160,75CWN236
..... is to provide a different method for enforcing some of these rights within the territory of this state. that is the pith and substance of the city civil court (amendment) act. 1969. it was contended that the city civil court would be incompetent to apply the lawof limitation. we are unable to see the force of this contention. the ..... 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 city ..... 3 of the act states that the state government may, by notification, in the official gazette, establish civil court to be called the city civil court. the city civil court, it has been provided, would be a court subordinate to and subject to the superintendence of the high court within the meaning of the letters patent for the high .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-16-1970
Reported in : AIR1970Cal485,1974CriLJ1341,74CWN847
..... judicially accepted that magistrates are inferior to the sessions judge. even then, the legislature thought that the lacuna should be filled up. by the criminal procedure amendment act 1923 an explanation was added to sub-section (1) of section 435 which provided that all magistrates whether exercising original or appellate jurisdiction shall be deemed ..... subject to the superintendence of the high court, and not being an order made in the exercise of revisional jurisdiction. clause 22 of the letters patent confers on the high court ordinary criminal jurisdiction. clause 25 prohibits appeal to the high court from any sentence or order passed or made in any ..... . nalin banerjee argued that although revisional jurisdiction is a part of the general appellate jurisdiction, appeal and revision have been dealt with separately in the letters patent and in the criminal procedure code and, therefore, it will not be proper to call the appellate powers of the high court in aid of revisional powers,41. .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-16-1970
Reported in : AIR1970Cal548
..... february, 1906. the learned judge came to the conclusion that the expression 'control' under sub-section (1) of section 8, introduced by the bengal excise (amendment) act, 1965 cannot authorise the state government to interfere with thelicensing power vested by the statute and the rules made thereunder by the collector and the excise commissioner. the ..... 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. ..... of an appellate authority under any rule made under section 85, clause (c).' after the amendment by the bengal excise (amendment) act, 1965, the said section was amended as hereunder:-- '8 (1). in doing anything or taking any action under this act- (a) the collector shall subject to the control of the excise commissioner and of the state .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-31-1970
Reported in : AIR1970Cal557,[1971]41CompCas234(Cal),1970CriLJ1635
..... co-operative society can be tried under section 409 of the indian penal code in the court of a special judge under west bengal criminal law amendment (special courts) act, xxi of 1949, (hereinafter called the act) on the allegation that he misappropriated the funds of the society amounting to rs. 14,432.92 p. only during the period 1965-66. it ..... breach of trust is said to have taken place is between july 14, 1965 and june 24, 1966. the twelfth clause of section 21 was first amended in 1958 and again amended in 1964. the amendment of 1964 became effective before july, 1965 and so we have to consider if a secretary co-operative society is a public servant under the twelfth ..... the civilians call univesitatem, or collegium and is a body politic authorised to take and grant, having a common seal & c. these are constituted either by prescription, by letters patent, or by act of parliament.'it is thus clear that a corporation so far as india is concerned has to be set up or established by an .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-14-1970
Reported in : AIR1971Cal182,75CWN517
..... dependent upon him. compensation payable to the dependants would normally have been calculated according to the workers' compensation act, 1958. but that act was amended by the workers' compensation (amendment) act, 1965, which became operative on july 1, 1965. the amendment act increased the benefits payable to dependents and the question was whether the dependants were entitled to the increased ..... mundhra had submitted to the court that his client was prepared to take the shares as the appeal no. 286 of 1965 arising out of suit no. 2005 of 1965 (lien suit) was dismissed. mr. mukherjee submitted that counsel for mundhra then stated that since the trial court and the division bench dealing with ..... is the order dated july 13, 1966, appointing receiver of the shares in the suit filed by the company for enforcement of his lien (suit no. 2005 of 1965). this order was referred to by counsel for the appellant in support of his contention that there was no substance in the objection raised by .....
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