Judgment Search Results Home > Cases Phrase: railways act 1989 chapter 5 opening of railways Court: kolkata Page 3 of about 1,049 results (1.217 seconds)

Amrita Lal Bose and ors. Vs. the Corporation of Calcutta

Court : Kolkata

Reported in : 42Ind.Cas.305

..... bench.31. by the court.---for the reasons given in our separately recorded opinions we are agreed that the six cases before us should be referred, under part ii, chapter v, rule 5 of our rules, to a full bench for such orders as to such bench may seem fit.32. the question for the determination of the ..... judges deciding it only dealt with the question of a daily-fine for a continuing breach and expressly held it unnecessary to discuss the effect of the general clauses act and made no reference to section 40, indian penal code, since these offences are punishable with imprisonment in default of payment of fine, the three petitioners cannot be ..... offences are made punishable commence with the word 'whoever' and expressly provide for the punishment of the person committing the offence. there is nothing in the calcutta municipal act to suggest that the legislature, when it empowered the general committee to make a breach punishable', used the words in any other sense than that in which the words .....

State of West Bengal Vs. Brindaban Chandra Pramanik and anr.

Court : Kolkata

Reported in : AIR1957Cal44,61CWN27

..... it is argued that statutory obligations constitute a class of constructive contracts. in our law, however, the expression 'constructive contract' is not used anywhere. chapter v, indian contract act which deals with legal relations analogous to what have been described as constructive contracts under the english law bears the heading 'certain relations resembling those created by ..... of the privy council in the case of. the facts ofthat case briefly were that certain officers of thepunjab govt. in order to save a railway embankment and the railway lines passing thereon, madesome cuts in a canal taking off from the ravi riverwhich was then subject to flood, and the watersescaping from the ..... the case went up tothe privy council, their lordships observed that thecuts made in this case were made in order to protect the railway embankment and the railway linesand not in order to protect the canal itself, and,therefore, the action could not come under section 15,northern india canal and drainage .....

Virjibun Dass Moolji Vs. Bissesswar Lal Hargobind and ors.

Court : Kolkata

Reported in : 60Ind.Cas.406

..... ought not to be followed,' the same view had been taken in 1860 in the case of neu castle-under lyne and turnpike bonds v. north stoffordshire railway co. (1860) 5 h. & n. 160 : 120 r.r. 524 : 29 l.j.m.c. 150 : 8 w.r. 21 ..... court which justifies such an inference.8. our attention has been drawn to only one such rule which is to be found in chapter xxvii of the rules framed by this court. bale 53 provides that, 'no bidding shall be opened except with the consent of ..... remove the doubt thus created, the legislature in 1908 remodelled section 310 a and also repealed the sections of the transfer of property act which were inserted with modifications in the new code of civil procedure. we feel no doubt that order xxi, rule 89 applies ..... applicable to sales held in execution of a mortgage-decree under the rules framed pursuant to section 104 of the transfer of property act, there was a divergence of judicial opinion on the subject (his court answered the question in the negative, while all other high .....

Nilesh P. Mehta and Ors. Vs. The Kolkata Municipal Corporation and Ors ...

Court : Kolkata

..... perjury would be a cruel joke with the society unless the courts stop to take an evasive recours.despite proof of the commission of the offence under chapter xi of the indian penal code. if the system is to survive, effective action is the need of the time. the present case is no exception ..... furthermore, this court directs the municipal commissioner to take note of the observations recorded hereinabove and immediately take steps under section 397 of the kolkata municipal corporation act, 1980 by adhering to the procedure provided in the proviso appended thereto. since the enabling section does not make imperative to file an application in this regard ..... opposing such submission, this court directed the private respondent to file an affidavit stating on oath that the building plan has been sanctioned by the kolkata municipal corporation act earmarking 900 sq. ft. for shop purposes. today, the affidavit has been filed and in paragraph 5 thereof, it is stated that the corporation sanctioned .....

The Secretary of State for India in Council Vs. Raj Kumar Mukherjee an ...

Court : Kolkata

Reported in : AIR1923Cal585,77Ind.Cas.1025,82Ind.Cas.69

..... v. w.j. godfrey (1922) a.i.r. (c.) 196, was made absolute on the footing that the amount standing to the credit of w.j. godfrey in the state railway provident institution was attachable at the instance of the then petitioner, raj kumar mukherjee, in execution of a decree for money which he had obtained against godfrey in the sealdah ..... on his demand and it therefore ceases to be a compulsory deposit within the definition in section 2(4) of the act and is consequently liable to attachment. the observations of russel, j., in miller v. b.b. & c.i. railway co. 5 bom. l.r. 454 are relied on in support of this argument and it is contended that the case ..... ,' it says, 'in any government or railway. provident fund shall not be liable to any attachment under any decree or order of a court of justice in respect of any debt or liability incurred by a subscriber to, or depositor of, any such fund and, neither the official, assignee nor a receiver appointed under chapter xx of the code of civil procedure .....

United Bank of India Ltd. Vs. United India Credit and Development Comp ...

Court : Kolkata

Reported in : [1977]47CompCas689(Cal)

..... unless there is something ex facie wrong about it or material over-sight or miscarriage of justice. thereafter, referring to the decision in alabama, new orleans and texas railway co., in re, [1891] 1 ch 213 (ca), mr. nag submitted that objection to scheme must be reasonable and not hypothetical or problematical. the whole test ..... programme for their staff because the major resources for these institutions will have to be their skill and expertise.'34. the said report in its introduction in chapter 1 has given a genesis of the banking commission and has reviewed the growth and development of banking business in india and the previous report in 1931 ..... all other rights and interests in or arising out of such property as were immediately before the commencement of the said banking companies (acquisition ani transfer of undertakings) act, 1970, under the ownership, possession, power or control of the petitioner-bank in relation to the undertaking, whether within or without india and all books of .....

Rameshwara Jute Mills Limited Vs. Sushil Kumar Daga and ors.

Court : Kolkata

Reported in : 2009CriLJ2727

..... :28. the question is whether rule 1 of para 486 is directory. the relevant rule says that the police officer shall be tried in the first place under chapter xtv of the criminal procedure code. the word 'shall' in its ordinary import is 'obligatory'; but there are many decisions wherein the courts under different situations construed the word ..... the neglect of them may be penal, indeed, but it does not affect the validity of the act done in disregard of them.this passage was accepted by the judicial committee of the privy council in the case of montreal street railway co. v. normandin and by this court in state of u.p. v. manbodhan lal srivastage ..... and parties interested in m.v. 'vali pero' v. fernandeo lopez and ors. : air 1989 sc 2206 (supra), three judge bench of hon'ble supreme court while interpreting calcutta high court rules, 1914, particularly in connection with rule 4 under chapter xxii of the aforesaid rules, in which omission took place to record the signature of the witnesses .....

Madhusudhan Das and ors. Vs. Appropriate Authority of Income-tax and o ...

Court : Kolkata

Reported in : [1997]223ITR351(Cal)

..... by the tenants and give vacant possession to the purchaser within one year, in which the purchaser agreed to co-operate.4. in view of the provisions of chapter xx-c, income-tax act, 1961, form no. 37-i was filed in respect of the aforesaid agreement on december 26, 1994.5. form no. 37-i clearly stated that the vendors ..... of appear to be relevant.67. the other decision relied upon by the learned advocate for the petitioner, namely, s. duraiswami nadar v. addl. special deputy collector (laud acquisition) railways, : air1978mad313 , wherein it was held that before a reference could be made it must be found whether a prima facie case for reference is made out, may also be taken ..... 1995, which admittedly they have failed and neglected to do. in c.b. gautam's case : [1993]199itr530(sc) , the supreme court described the time-frame under chapter xx-c of the act as a tight one, referring to the said decision, this court has held that the need for urgency is not only upon the authority but is placed on .....

Radha Kant Aich and anr. Vs. the Sectery of State for India in Council

Court : Kolkata

Reported in : AIR1919Cal281,50Ind.Cas.94

..... mentioned in the kabuliyat executed in the case of the settlement of the parent estate, chur khondkar.7. the present settlement proceedings were commenced under chapter x of the bengal tenancy act towards the end of 1907, and in course of the proceedings the director of land records and the board of revenue made certain recommendations to the ..... any case it shall appear to the revenue authorities'; and the revenue authorities, we think, have exclusive jurisdiction in the matter. in the case of attorney general v. great western railway co. (1877) 4 ch. d james, l.j., in dealing with the provisions of section 6 of 5 & 6 vict. c. 55, observed as follows: 'it ..... director of land records and the board of revenue were in connection with the settlement of the chur under regulation vii, though the proceedings commenced under chapter x of the bengal tenancy act which, as stated above, were taken preliminary to the settlement of the chur. however that may be, there is nothing to show that steps cannot .....

Manik Chand Chowdhury and ors. Vs. the State

Court : Kolkata

Reported in : AIR1958Cal324,1958CriLJ865,62CWN94

..... and therefore any investigation made by them even after that date could not possibly be an investigation under chapter xiv but could only be an investigation under the calcutta police act. the whole of the investigation was therefore outside chapter xiv and the report made was not in law a report under section 157 or section 173, as ..... and consequently the basic power to make an investigation under that chapter not having been extended, the extension of the machinery provisions has in reality been infructuous. there is no question here, as i have also pointed out, of construing an act in such manner as would avoid an absurdity; because the code itself has not ..... into cognizable offences under that act, if that be the true position, as in my view it is, no report by the calcutta police can, even after the notification published on the 9th february, 1956, be a report under section 173, because that section presupposes in clear words an investigation under chapter xiv. the omission to extend .....