Court : Kolkata
Reported in : AIR1982Cal509,86CWN1046
..... himself, or(b) if he is not a magistrate, apply to a magistrate or; in calcutta, as defined in clause (11) of section 5 of the calcutta municipal act, 1951, to the commissioner of police and such magistrate or commissioner, as the case may be, shall enforce the delivery of possession of such land to him', the manner of ..... opinion or satisfaction of the government in regard to the necessity of taking immediate action as provided in section 18-aa(1) of the industries development and regulation act, 1951 is subject of judicial review or not has been considered by the supreme court on the analogy of section '17 of the land acquisition ..... necessity for maintaining supplies and services essential to the life of the community etc., before passing an order of requisition. under sub-section (1a) of section 3 of the act, a collector of a district, an additional magistrate or the first land acquisition collector, calcutta, when authorised by the state government in this behalf, may exercise within his .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal530
..... was after this decision in saghir ahmad's case, : [1955]1scr707 an amendment was made of the constitution introducing clause 6(2) under article 19 by the constitution first amendment act, 1951, with the result that even the particular decision in that case will be otherwise now after that amendment. j.y. kondala rao v. andhra pradesh state road transport corporation : [1961 ..... and for regulating the employment of dock workers whether registered or not. it is under this act that the appellant, the dock labour board, was constituted. in october 1951, in exercise of the powers conferred by this act, the central government framed a scheme which was called the 1951 scheme providing for the establishment of a board called the calcutta dock labour board. it .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal572,72CWN601
..... directors. in the year, 1948 sridhar sikdar purchased ten ordinary shares in standard medical research institute ltd. paying the full value of rs. 1000. on 2nd may 1951 sridhar sikdar purchased five hundred ordinary shares and paid the value of rs. 50,000 to the company thereafter sridhar sikdar sold the five hundred shares to gour ..... the enumerated proportion of members of the company. as i have already indicated kshetra mohan saha was disqualified to apply under sections 397 and 398 of the companies act and sridhar sikdar was qualified to apply. the result is an investigation as to whether sridhar sikdar would be holding 1/10th of the issued share capital ..... the petitioners was challenged. it was found that the petitioners were not members on the date of the presentation of the petition. it was contended that the act of directors in rectifying register and striking out of the names of the petitioners was illegal. the petitioners in that case alleged that their names had been wrongfully .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1981Cal234
..... another servant or agent. neither of the said two essentials was present in the case of a special duty commissioner deputed under section 47a of the calcutta municipal act, 1951, although he was deputed by the state government but he would perform such duties as may be assigned to him by the commissioner and he was subject to ..... a retired west bengal civil servant and he was deputed by the state government as an officer who has been in its service to act as special duty commissioner. under section 47b of the calcutta municipal act. 1951 the salary, allowances and other emoluments, pension or provident fund of such special duty commissioners are payable out of the municipal fund. ..... government servant nor a state government employee. he was a special duty officer of the corporation of calcutta. under section 47-a of the calcutta municipal act, 1951, the state government is authorised to depute by notification in the official gazette one or more officers who are or have been in its service to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal359,70CWN414,[1967]65ITR501(Cal)
..... that the land in question became part of calcutta as defined in section 5(11) of the calcutta municipal act 1951. the application under the bengal non-agricultural tenancy act 1949 was not made till september 18, 1953, but on that date the land had already become a part of calcutta by reason of ..... the notification mentioned above. relying upon section 8 of the central general clauses act and section 10 of the bengal general clauses act chakravarty, c. j. held that as the calcutta municipal act 1923 had been repealed and re-enacted as the calcutta municipal act, 1951, reference to the definition of 'calcutta' given in section 1 (2) (a) ..... . the land was situated within the limits of municipality of tollygunge and by notification dated march 31, 1953 under the calcutta municipal act, 1951, the state government directed that the area comprised within the municipality of tollygunge was to be included within calcutta. the result of this notification was .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1954Cal588,58CWN743
..... j. in delivering the judgment of the full bench of the madras high court in the case of -- 'ramaiya konar v. mottayya mudaliar', : air1951mad954 (e) that :'this act (act 18 of 1937) is not exhaustive nor self-contained and must be fitted into the context of the existing hindu law except to the extent forbidden by its plain terms ..... unchaste was excluded from inheritance.this application was opposed by the widow pannasashi on the ground that under the hindu women's right to property act, namely, act 18 of 1937 as amended by act 11 of 1938, unchastity is not a ground of exclusion from inheritance and therefore she was a preferential heir. the objection of the widow ..... material allegations in the plaint and alleged that she had left her husband's protection on account of ill-treatment and cruelty.on 28-6-1951, the plaintiff died and on 27-7-1951 the petitioner before us named kanailal mitra applied for getting himself substituted in the place of the deceased plaintiff on the allegation that he .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal359,69CWN801
..... raised was whether the uttar pradesh sugar cane (regulation of supply and purchase) act, 1953, was ultra vires the powersof the state legislature and whether the act was repugnant to the industries (development and regulation) act, 1951, and the essential commodities act, 1955. dealing with the question of repugnancy, it was held that the question ..... the mysore lotteries and prize competition control and tax act, 1951, were challenged on the ground of repugnancy having regard to the provisions of a central act, namely, the prize competitions act, 1955. the mysore legislature had previously passed a resolution adopting the central act and it was contended that by reason of this ..... was argued that as the land in question was required for settlement of immigrants, it should have been acquired under the west bengal land development and planning act, 1948, which, according to mr. dutta, was exhaustive in its scope, for the settlement of immigrants. that being the object of the acquisition, namely .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1976Cal436,80CWN643
..... relevant amendments to the constitution made from time to time to appreciate the principal contentions of the parties,9. the constitution (first amendment) act, 1951, which came into force on the 18th june, 1951, introduced article 31-a and article 31-b. article 31-a was as follows:--'31-a. saving of laws providing for acquisition of ..... june, 1964, vide g. s. chooramani v. state of u. p., : air1969all43 . article 31-b was introduced by the constitution (first amendment) act on the 18th june, 1951. when article 31-b was introduced this new fundamental right was not there. parliament, therefore, could not have taken into consideration something which came into force ..... as defined therein, article 31b was also so limited. mahajan, j., in dealing with this argument observes at page 1039: 'article 31-b specifically validates certain acts mentioned in the schedule despite the provisions of article 31-a and is not illustrative of article 31-a but stands independent of it. .......'21. the same .....
Tag this Judgment!Court : Kolkata
Reported in : [1990]184ITR484(Cal)
..... the sum for which the property might reasonably be expected to be let from year to year.'44. section 168 of the calcutta municipal act, 1951, which corresponds to section 23(1)(a) of the income-tax act, 1961, reads as under :'168. the amount of consolidated rate, how to be fixed.--(i) for the purpose of assessment of the ..... gross rent.''45. it would thus be seen that, in all, section 23(1)(a) of the income-tax act is in pari materia with section 168 of the calcutta municipal act, 1951, as well as section 154 of the bombay municipal corporation act, 1988. these matters were duly considered by this court in prabhabati bansali : [1983]141itr419(cal) .46. ..... been assessed as business profits, the assessee cannot be assessed once again notionally on the bona fide annual value of the flats under section 22 of the income-tax act, 1961, on the ground that, unless the deeds of conveyance with the respective purchasers have been executed and registered, the assessee remains the owner for the purpose .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal56
..... and section 20 deals with the authority they can exercise. they can exercise such authority as is provided for a police officer under the police act and any act for regulating criminal procedure. the authority given to police officers must naturally be to enable them to discharge their duties efficiently. of the various duties ..... has to be borne in mind that the expression 'procedure' has also a restrictive connotation. in the case of state of seraikella v. union of india : [1951]2scr474 the expression 'procedure' was construed to mean the successive steps in litigation. see also the observations in the case of colonial sugar refining co. v. irving ..... powers identical with the powers of the police officers are given to the persons charged with the administration of those legislations. it is also different from an act which deals mainly with the matters of procedure of litigations, criminal or civil, and incidentally gives certain authority and jurisdiction to the police officers or give .....
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