Judgment Search Results Home > Cases Phrase: presidential and vicepresidential elections act 1952 Court: kolkata Page 1 of about 10 results (0.078 seconds)

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... notwithstanding the continuance of emergency and the presidential order suspending the enforcement of fundamental rights conferred by articles 14, 21 and 22 the high courts can examine whether an order of detention is in accordance with the provisions of the maintenance of internal security act (hereinafter referred to as the act), which constitute the conditions precedent to the exercise of powers thereunder excepting those provisions of the act which are merely ..... good at the date of the notice to treat, which was served on july 28, 1948, the question arose of the amount of compensation payable to the claimants, having regard to the town and country planning act, 1947, section 53(1)(a) which provides that in such a case the value of the interest for the purposes of assessment of compensation shall be taken to be the value which it would ..... 1952. the facts were that a bill relating to the orissa estates abolition act, 1952 was published in the gazette on january 3, 1950.it provided that any sum payable for agricultural income tax for the previous ..... axiomatic that citizens have a right to know about the affairs of the government which, having been elected by them, seeks to formulate sound policies of governance aimed at their ..... election commissioner) the hon'ble supreme court held that the second equally relevant matter is that when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and ..... election commissioner, new delhi and .....

Pramatha Nath Mitter and Ors. Vs. Hon'ble the Chief Justice of the Hig ...

Court : Kolkata

Reported in : AIR1961Cal545,65CWN920

..... were mechanically giving effect to the presidential order which had acquired the force of law and which would operate no matter whether the judges had ..... power on the high court and its judges to fix or regulate the vacation or the holidays of the high court contemplate that in exercising such powers the judges should exercise their individual judgment or discretion and their act done in this respect must be a volitional act; but in giving effect to the presidential order at the full court meetings the judges did not act under clauses 37 and 38 of the charter and the other relevant provisions but ..... ofthe high courts will not help arrears to be cleared up in fact because having regard to the vacationso far had before this order, legal leave due to judges was not availed of due to the judges' regard and sense of public duty, but it the vacation is so reduced as to compel due leave to be utilised, then the loss in judge hours of work will be very much more than the gain by the increase of ten ..... 139 of 1952, d/- 27-10-1953 (cal) where it has been held that no writ can be issued against the chief justice by a bench of the high court whether the chief justice is exercising administrative .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... , of an earlier law made by parliament or an existing law with respect to that matter, the, the law so made by the legislature of such state shall, if it has been reserved for the consideration of the president and has received his assent, prevail in the state:provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending ..... the learned counsel submitted that the acquisition act is in pith and substance a law on acquisition and the presidential assent under article 254(2) was warranted to save ..... of a statute upon the premise that a legislature appreciates and understands the needs of the people, that it knows what is good or bad for them, that the laws it enacts are directed to problems which are made manifest by experience, that the elected representatives in a legislature enact laws which they consider to be reasonable for the purposes for which these laws are enacted and that a legislature would not deliberately flout a constitutional safeguard ..... sarkar reported in air 1952 sc 75 and the decision of ram ..... reported in air 1952 sc 369 where the court held that the title of a statue is an important part of the act and may be referred to for the purpose of ascertaining its general scope and of throwing light on its construction, although it cannot override the clear meaning of ..... kameshwar singh reported in air 1952 sc 252 at page 283, ..... in air 1952 sc 369 ..... reported in air 1952 sc 369; rakhal .....

A.H. Magermans Vs. S.K. Ghose and ors.

Court : Kolkata

Reported in : AIR1966Cal552,70CWN82

..... it cannot be overlooked that in the decision of the supreme court mentioned above, the entrustment made by the presidential notification had the effect of investing the commissioners with the functions of the central government under the land acquisition act, 1894, and the notification was regarded as a notification having the effect of law because to the extent of the entrustment to the commissioners the land acquisition act was amended. ..... question before the supreme court in that case was if the state of the punjab exercising its appellate jurisdiction under rule 6(6) of the punjab welfare officers recruitment and conditions of service rules, 1952, was a tribunal within the meaning of article 136(1) of the constitution. ..... in february, 1952, he gave up his missionary activities and commenced a secular life and held serveral posts in ..... leaving the question of authentication i should at this stage refer to another challenge made by the appellant to the central government's notification dated april 19, 1952, by which the state government was entrusted with the powers under, inter alia, section 3(2)(c) of the foreigners act, 1946. ..... 4-3-56-(1)-f.1 dated april 19, 1952, issued by the ministry, of ..... : [1952]1scr583 nor does the high court review or re-weigh the evidence upon which the determination of the inferior tribunal purports to be based: ..... these powers which were entrusted by the central government to the various state governments by the said notification dated april 19, 1952. .....

Sunil Chandra Roy and anr. Vs. the State

Court : Kolkata

Reported in : AIR1954Cal305,57CWN962

..... 423(2) is not wholly excluded from an appeal under section 411a (1) (a), but applies to such an appeal, so far as its disposal is concerned, when leave under clause (b) has not been given and that, therefore, under that section, a verdict of the jury cannot be interfered with on the ground of mis-direction or non-direction unless by reason of such mis-direction or non-direction, the ..... is curious that section 162 of the code should say 'that a previous statement to the police can be used to contradict a witness, 'if duly proved' and at the came time refer, for the mode of contradiction, to section 145, evidence act which seems to place use for the purpose of contradiction before the proof of the statement the only way in which the two sections can perhaps be reconciled is ..... taken no objection to the jurisdiction of the court in the course of the re-trial and appear to have proceeded, as indicated by the minute recorded by the learned judge on 9-6-1952, on the footing that a valid order for re-trial at the high court sessions ..... the learned judge considered the the point and, by an order passed on 9-6-1952, held that the procedure applicable was that followed at the high court sessions ..... two medical witnesses extensively have been given by him in an order recorded on 13-6-1952 where he has himself stated correctly the permissible limits of judicial interrogation. ..... and reported in 'the times' of 9-4-1952 ..... a further order recorded on 18-6-1952, he held, overruling the contention ..... of 1952 by .....

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court : Kolkata

..... the provisions, of an earlier law made by parliament or an existing law with respect to that matter, the, the law so made by the legislature of such state shall, if it has been reserved for the consideration of the president and has received his assent, prevail in the state: provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending ..... the learned counsel submitted that the acquisition act is in pith and substance a law on acquisition and the presidential assent under article 254(2) was warranted to save ..... of a statute upon the premise that a legislature appreciates and understands the needs of the people, that it knows what is good or bad for them, that the laws it enacts are directed to problems which are made manifest by experience, that the elected representatives in a legislature enact laws which they consider to be reasonable for the purposes for which these laws are enacted and that a legislature would not deliberately flout a constitutional safeguard ..... ali sarkar reported in air 1952 sc 75 and the decision of ram prasad ..... reported in air 1952 sc 369 where the court held that the title of a statue is an important part of the act and may be referred to for the purpose of ascertaining its general scope and of throwing light on its construction, although it cannot override the clear meaning of ..... kameshwar singh reported in air 1952 sc 252 at page 283, jilubhai nanbhai .....

Provat Chandra Sircar Vs. R.C. Sen, Administrator of the Budge Budge M ...

Court : Kolkata

Reported in : AIR1955Cal83,58CWN443

..... on 1-4-1952, it was notified under section 26, bengal municipal act (hereinafter called the act) that the election of the remaining 4 members would be held on 31-5-1952.in the first week of april, 1952, eight out of the ten members of the old municipality which was then functioning resigned, and these eight members ceased to attend any further meetings or to take any interest in ..... provisions of the act and the rules made thereunder must be strictlyfollowed in constituting the municipality and in,regulating the functioning thereof; and this in-eludes the question of the election of commissioners constituting the municipality.in this case, the four years' term of the previous municipality having expired, a general election was notified and was actually held. ..... that until the commissioners for the whole municipality are elected, the names are not gazetted.under section 57(7), where all the commissioners of a municipality have failed to make the oath oraffirmation which is required by section 57 of the act or where the number of commissioners who have made the oath or affirmation was insufficient to allow of a quorum being formed under section 82, and the state government was not satisfied that the ..... the opinion that if the state government wishes to reconstitute the commissioners under sub-section 2 (ii) of section 554 of the act, it must proceed to hold a fresh general election of all the wards and of all the seats and not hold a partial election under the provisions of section 26. .....

Mahabir Prasad Sharma Vs. Prafulla Chandra Ghose and ors.

Court : Kolkata

Reported in : AIR1969Cal198,72CWN328

..... 'it was argued that the petitioner's case being that acute famine condition was prevailing in the state, which was also passing through lawlessness on a wide scale, the governor was entirely right and justified, having regard to the information and materials in his possession, in demanding that shri ajoy kumar mukherjee should agree to the legislative assembly being summoned as early as possible to establish that he had the support of a majority of ..... that the floor of the legislative assembly of west bengal was the only place where the question, namely, if shri ajoy kumar mukherjee enjoyed the support of the majority, could be determined and that it was not open to the governor toassume, from extraneous materials that the council of ministers headed by shri ajoy kumar mukherjee had lost the support of the majority in the legislative ..... this presidential proclamation may sometime later be followed by a general election, and at that time there would be no chief minister to advice the governor with regard to the appointment of a chief ..... acharyya's contention that although article 164(1) provided that the ministers held office during the pleasure of the governor, the governor could not act in his discretion and was bound in all circumstances to act on the advice of the chief minister, and in the absence of such advice, the only course left open to the governor was to make a report to the president under article ..... on a decision of the nagpur high court reported in air 1952 nag 330. .....

Sugandha Roy Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR1983Cal468

..... presidential elections in june 1978, and ..... may be that this provision has found a place in the constitution not in pursuance of any expansionist political philosophy but mainly for providing for the integration and absorption of indian territory which, at the date of the constitution, continued to be under the dominion of foreign states: but that is not the ..... as a result of this merger cooch behar was taken out of the list of part c states in the first schedule of the constitution and added to west bengal in the same schedule and the territorial description of west bengal as prescribed in the first schedule was amended by the addition of the clause which referred to the territories which were being administered as if ..... the first schedule to the constitution:-- (a) in the para relating to the territories of the state of assam the words, brackets and figures 'and the territories referred to in part i of the first schedule to the constitution (ninth amendment) act, 1960' shall be added at the end; (b) in the para, relating to the territories of the state of punjab the words, brackets and figures 'but excluding the territories referred to in part ii of the first sch. ..... do with the present case and the question of berubari union or the cooch behar enclaves or pakistani enclaves in the east was not the subject-matter of the same but the said question was raised bv the government of pakistan in the year 1952. ..... in 1952 pakistan alleged that under the award the berubari union should reallv .....

Mahafuja Banu Vs. Md. Asadul Islam and State

Court : Kolkata

..... the learned trial court went on with his reasoning as regards willful submission as follows:- moreover, if it is believed that her alleged sexual intercourse with the accused was forcible resulting her pregnancy and she tried to resist the said act of the accused, then she being a grown up educated girl of 20 years, her normal conduct would then that she would guess about her relationship with the accused at least relating to her physical relationship ..... it was conceded by mr chagla that at the time the commissioner applied for a reference under section 11 of the act the amending act 1954 had already come into force and under the amended section the commissioner was empowered to ask for a reference. ..... any person who has suffered any loss or injury by the act or omission of the accused who had been prosecuted, and thus qualified to be a victim as defined under the amendment act 5 of 2009, gets a vested right after the coming into operation of the aforesaid act to prefer an appeal in the event such prosecution of accused has resulted in a judgment giving rise any one of the three situations specified under the proviso to section 372 of the code. ..... it was pointed out that the appellate order was made on january 4, 1952 and the revision application was filed before the amending act of 1954 came into force. .....