Court : Kolkata
Reported in : AIR1951Cal85,55CWN433
..... to him; the most conspicuous proportion of his rights. (austin's jurisprudence).18. cooley in his constitutional law defines property thus :'whatever a man produces by the labour of his hand or his brain, whatever he obtains in exchange for something of his own, & whatever is given to him, the law will protect him in ..... had purchased of valuable rights which they acquired by such purchase. the learned advocate general could give no reason why section 7 was introduced into the amending act. there was no suggestion that the number of suits or proceedings pending was abnormally large or that ejectment in 1950 would be followed by consequences more distressing ..... auction-purchaser of his right to put an end to such interests & to recover possession of the property subject to them. making section 4 of the amending act applicable to pending litigation & unexecuted decrees deprives auction-purchasers in such litigation & the holders of such decrees of valuable rights which had accrued to them on .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal713,63CWN258
..... not relate to the effect' of void transfer under section 6(h)(2) of the transfer of property act read with section 23 of the indian contract act. mr. ghose on behalf of the respondents also cited the case of bigos v. bousted, 1951-1 all er 92 (o). this was a case of an agreement in contravention of the exchange ..... control act, 1947 of england whereby the plaintiff agreed to make available 150 worth of italian money for the wife and daughter in italy within a week ..... ot the recrimination of particeps criminis the plaintiff transferor may recover possession of the property transferred at least in the following cases.105. section 84 of the indian trusts act recognises three exceptions to the rule denying relief to a particeps criminis. where the owner of property transfers it to another for an illegal purpose . the transferee must .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1980Cal282,85CWN8
..... clause (a), or whose contract of management is terminated by reason of the provisions contained in clause (b), of section 18b of the industries (development and regulation) act, 1951, as applicable to a tea undertaking or tea unit by virtue of the provisions of sub-section (3), shall be entitled to any compensation for the loss of office ..... , at the instance of the said bank, the management of the tea garden had been handed over to j. thomas & co. ltd., and the tea consultancy and plantation services (india) private ltd., for proper management of the tea estates and liquidation of the dues of the bank with the sale proceeds of the tea. the said agents ..... incumbrances on the assets of the tea estates brought about a situation which is not only likely to affect the tea production but also create unrest amongst the labour force and as such immediate action is necessary to prevent further deterioration of the situation. it appears that this note was made and passed through different section .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT183(HC),100CWN900
..... a party. notices have been served upon the union of india as well as the attorney general of india.3. the challenge to constitution first amendment act, 1951 was not pressed as the validity thereof had been upheld by the supreme court of india. similarly the validity of the 44th amendment of the constitution deleting ..... promotion of agriculture or welfare of the agricultural population, acquisition of private forest lands belonging to a jagir or inam for such purposes, for settlement of agricultural labour, fixing a ceiling area and providing for distribution of the surplus amongst the tillers of the soil, acquisition of the land together with standing crops and improvements ..... ram narayan's case : air1959sc459 (supra) and distinguished it on the ground that under the bombay act certain rights were conferred on the tenants in respect of their tenements which they did not have before.'163. in balmadtes plantations ltd. and anr. v. the state of tamil nadu reported in : [1973]1scr258 upon which .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN241
..... of the user of the land from one to other. an explanation was added to section 4c by the wblr (amendment) act, 2000, explaining the mode of use viz: residential, commercial, industrial, agricultural excluding plantation of tree, pisciculture, forestry, sericulture, horticulture, public utilities or other use of land. section 4c provides for the procedure ..... directive principles have been described as forerunners of the u.n. convention on right to development as an inalienable human right in air india statutory corporation v. united labour union, : (1997)illj1113sc , wherein it was observed that they stand elevated to human rights. according to the apex court, the directive principles have a positive ..... 1959 scr 995 : air 1958 ker 1167; deep chand v. state of uttar pradesh, : air1959sc648 ; state of madras v. champakam dorairajan, air 1951 sc 525 : 1951 scr 525; fram naserwanji v. state of bombay, air 1951 bom. 216 and u.p.s.e. board v. hari, air 1979 sc 65 (para-4a): 1978(4) scc 16 : 1978(2) .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1986Cal45
..... the ministry of industries, department of industrial development, government of india for the grant of industrial licence under the industries (development and regulation) act, 1951. the authorities duly issued a letter of intent.4. after the receipt of letter of intent, kanoria initiated enquiries with various international parties for ..... and suppliers in connection with the performance of contracts.(k) assist and advise the petitioner in obtaining local labour, negotiating labour contracts and handling labour claims and also in maintaining good labour relationship.(l) assist and advise the petitioner in its dealings with the said statutory corporationsand in respect of fulfilling ..... of consultancy and supervision which humphreys would have to undertake. this agreement contains an arbitration clause for arbitration of disputes under the indian arbitration act, 1940. we are not really concerned with this arbitration clause in this application.8. on or about the 11th november, 1981 another .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(2)CHN568,(2005)ILLJ16Cal
..... pritosh bhupashkumanseth).(iv) , (indian express newspapers bombay pvt. ltd. and ors. v. union of india and ors.).(v) : (1995)iillj17sc .(vi) 2001, labour and industrial cases, page 273 (ennore foundries ltd. v. government of india and ors.).20. citing the above decisions mr. mitra lastly contended that on the identical ..... in the name of fulfilment of such legislative policy, employees belonging to the higher wage group cannot be brought within the purview of the act for the purpose of earning revenue and for raising more funds for the running the infrastructure which already exists or for increase thereof.such purpose ..... is required to be given to an employee belonging to higher wage group than the employees who are already within the purview of the act, even after increase of price index those employees belonging to higher wage group may not really require protection, already baring such protection from .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal598,[1963]47ITR247(Cal)
..... . if the bombay decision in : air1952bom63 applied to the facts of this case, as the tribunal thought that it did, then that would have lessened our labours. but the difficulties of applying the bombay decision to the facts of the present reference cannot be ignored. in the first place, the bombay decision is clearly ..... in surplus for taxation shows that the 'surplus' of the mutual insurance association was not within the tax. the bill of 1951, however, lapsed and did not become an act. the result was that the act remained with the word 'profit' and without the word 'surplus' so far as the mutual insurance associations were concerned. an ..... with the account of fact, the assessment orders are from 1949-50 to 1953-54 and the relevant accounting years ended on the 31st december 1948, 1949, 1950, 1951 and 1952 respectively. the assessee's published revenue accounts have the usual three classifications --(1) miscellaneous insurance business revenue account, (2) profit and loss account, and .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1995Cal160
..... of the constitution.clause (4) of article 15 was inserted by reason of constitutions (first amendment) act, 1951 in order to nullify the decision of the supreme court of india in state of madras v. champa kaina reported in : [1951]2scr525 .article 15(4) authorizes the state of make any special provision for the advancement of the ..... how such an act which has retrospective operation can be valid in the absence of any power conferred by the aforesaid provision to so perform it as to give it retrospective operation. in strawboard . v. gutta mill workers' union : (1953)illj186sc an industrial dispute had been referred by the governor to the labour commissioner of a ..... , expressed owing to the language employed in the proviso to article 309 that 'any rules so made shall have effect subject to the provisions of any such act.' as has been pointed out the clear and unambiguous expressions used in the constitution, must be given their full unrestricted meanings unless hedged in by nay limitations. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal56,[1962(5)FLR339],(1963)ILLJ100Cal
..... act. the definitions of the expressions 'trade dispute' and 'trade union' areimportant and are set out below :'(g) trade dispute' means any dispute between the employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour ..... follows :'in the ordinary or non-technical sense, according to what is understood by the man in the street, industry or business means an undertaking where capital and labour co-operate with each other for the purpose of producing wealth in the shape of goods, machines, tools etc., and for making profits. the concept of industry ..... . in my opinion, this test may well be applied to the expression 'industry' as also 'trade' or 'business' as used in the trade unions act. in this act also, the profits motive is not essential and the providing of amenities or services to the community or a substantial portion of it, would be sufficient to .....
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