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 : Kerala
Decided on : Aug-14-1970
Reported in : AIR1971Ker98
..... this contention: ' (53) the aforesaid discussion leads to the following results: xx xx xx (3) the constitution (first amendment) act, 1951, constitution (fourth amendment) act, 1955, and the constitution (seventeenth amendment) act, 1964, abridge the scope of the fundamental rights. but on the basis of earlier decisions of this court, they were ..... it takes away or abridges the rights conferred by part iii of the constitution. (3) the constitution (first amendment) act, 1951, the constitution (fourth amendment) act, 1955, and the constitution (seventeenth amendment) act, 1964, abridge the scope of the fundamental rights and are therefore void under article 13(2) of the ..... that decision is that article 31-a (first introduced with retrospective effect by the constitution (first amendment) act, 1951, and subsequently amended with like effect by the fourth and seventeenth amendment acts of 1955 and 1964 respectively) hits been prospectively struck down with the result that statutes made .....
Tag this Judgment!Court : Delhi
Decided on : Apr-23-1970
Reported in : ILR1970Delhi538
..... in any criminal trial before the courts of original criminal jurisdiction which might be constituted by one or more judges of the high court.'(7) in 1919 the letters patent were amended so as to widen the exemption from appeals not merely to cases of 'sentences or orders in criminal trials' but also to those passed 'in the exercise of ..... matter our consideration and are of the view that though the trial of persons alleged to have committed crimes is the main function of the criminal court when they act in exercise of their criminal jurisdiction, that is not their only function. the courts in exercise of criminal jurisdiction no doubt deal with the trial of persons alleged ..... diction, and not being a sentence or order passed or made in exercise of the power of superintendence under the provisions of section 107 of the government of india act, or in the exercise of criminal jurisdiction) or one judge of the said high court or one judge of any division court, pursuant to section 108 of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-10-1970
Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530
..... i.e. compulsory acquisition of property: see subodh gopal's case : [1954]1scr587 and dwarkadas shriniwas's case : [1954]1scr674 . but since the amendment by the constitution (fourth amendment) act it has been held that clauses (1) & (2) dealt with different subject-matters. in kavalppara kottarathil kochuni's case : [1960]3scr887 , subba ..... not depend on another's courtesy: it includes ownership, estates and interests in corporeal things, and also rights such as trade-marks, copyrights, patents and even rights in personal capable of transfer or transmission, such as debts; and signifies a beneficial right to or a thing considered as having ..... 'banking'; entry 46 'bills of exchange, cheques, promissory notes and other like instruments; entry 47 'insurance'; entry 48 'stock exchanges and future markets'; entry 49 'patents, inventions and designs'. there are several entries relating to activities commercial as well as non-commercial in list ii--entry 21 'fisheries'. entry 24 'industries . . . .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-06-1970
Reported in : AIR1970SC1683; (1970)2SCC307; [1971]1SCR546
..... , the proviso to s.12 of the madras city tenants' protection act, 1921 (madras act iii of 1922) as amended by the madras city tenants' protection (amendment) act, 1955 (act xix of 1955)--hereinafter called the act. in this appeal we are not concerned with the later amendments made to the act. the appellant was the owner of a vacant site bearing no. 4 ..... mr. manchanda placed considerable reliance on the decision of this court in vajrapani's case(1), which decision, we have already stated, has been treated by the letters patent bench also as concluding the case against the appellant- landlord. on the other hand, mr. natesan, for the appellant, has urged that the question that arose before ..... land. in the suit filed by the landlord for ejectment, the tenant claimed the right of opinion to purchase the land under s.9 of the act. the letters patent bench of the madras high court rejected the claim of the tenant and declined to grant relief on his application filed under s.9. in dealing with .....
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 : Supreme Court of India
Decided on : Oct-21-1970
Reported in : AIR1971SC218; [1971]41CompCas159(SC); (1970)3SCC727; 1971(III)LC65(SC)
..... and therefore the calcutta high court would be the court where winding up proceeding could be started under section 45(b) of the banking companies act 1949, as amended by the banking companies (amendment) act 1950 the high court of calcutta where the winding up proceedings were going on was competent to decide all claims of the company in liquidation. ..... act or the banking companies act was not covered by clause 12 of the letters patent. it had, therefore, to be regarded as the special jurisdiction of the high court. reliance has been placed on navivahoo and ..... of its ordinary original civil jurisdiction. the original jurisdiction of the calcutta high court has been defined in clauses 11 and 12 of the letters patent of that court. the argument which has been raised on behalf of the appellant is that the jurisdiction which was derived under the companies .....
Tag this Judgment!Court : Kerala
Decided on : Aug-26-1970
Reported in : AIR1972Ker5
..... therefore, the electoral rolls published on 15-1-1970 and 10-8-1970 were prepared not in accordance with the representation of the people act 1950, and the rules thereunder.the prayer of the petitioner as amended is as follows:'this hon: high court be pleased to issue a writ of mandamus or other appropriate writs, directions or' orders restraining ..... be given a declaration that the rolls have not been prepared in accordance with law. but that is not the true object of the petition. the true object is patently to hold up the election (which has now actually commenced) and whether or not such a declaration will be effective for the purpose, and whether or not it will ..... coin that verb) any more than you may abort or otherwise arrest it for, that would equally hold up the process of democracy. the interference might not be as patent as interference after the writ has issued but it is as effective and, therefore, as much to be deprecated.5. it would appear that before the issue of the .....
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 : Gujarat
Decided on : Nov-03-1970
Reported in : (1971)12GLR272
..... not refer to the nature of the leased premises. there are no words of limitation such as 'in respect of premises let for residence'-which we now find in the amending act which require the sub-clauses to be restricted imperatively to residential premises in which the tenant was residing at the time of his death. the main part of the definition ..... in the year 1958 and thereafter he remained in possession of the suit premises as a statutory tenant. mohanlal lavji died on june j, 1964. the provisions of the amending act of 1965 came into force in june 1964. the present suit was filed on november 5,1965. so in the present case we are concerned with the rights of the ..... lease is determined in a manner provided under section 111 of the transfer of property act. whether the lease enures for the benefit of the heirs of the tenant or not depends upon the nature of the lease. in bavasaheb walad mansursaheb koiri and anr. v. west patent press co. ltd. and ors. a.i.r. 1954 bombay 257 a division .....
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