Court : Kolkata
Reported in : AIR1978Cal324,81CWN986
..... but as he kept quiet and knowingly suffered public time and money to be invested in the meeting, on principles of equitable estoppel by acquiescence and want of good faith, he cannot be permitted to question the resolution for want of notice and hence no writ can issue.' such determination was made as it was contended that ..... , and thus having sufficient notice, the president does not deliberately attend it and also does not inform the district magistrate, the authority under the u. p. municipalities act, about such non-service, he cannot question the resolution for want of notice and hence no writ can issue. the issue of a writ under article 226 of ..... raised any objection or challenge nor they are supporting the petitioner. these apart, mr. ghosal submitted that in view of the provisions in chapter iii of the said act which deals with the municipal authorities and their constitution and more particularly in view of the provisions in sections 61, 78, 79, 80, 91 and 92 and particularly .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal102,64CWN134
..... common carriers.'the learned judge held upon an examination of the statute of its incorporation that the manchester corporation had not the power to act as common carriers, beyond carrying the goods on its tramways. two points are of interest in this decision. the first is that the relator was a rate-payer. it ..... the manchester corporation was a statutory corporation and had power to use all tramways belonging to or leased by, the corporation, for the purpose of carriage of goods. the question was whether it could carry on a general parcel-delivery business except as part of, or in connection with, the said tramways undertaking. farwell ..... ' or 'public instruction', under which the impugned resolutions could find support. realising this, mr. dutt referred me to the provisions of section 14 of the act. this section speaks1 of the constitution of the standing committees it lays down that the corporation should constitute standing committees for dealing with certain matters including 'education'. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal38,1968CriLJ40
..... raja para lane, from this evidence without taking into consideration evidence about any statement made by the accused which could be admis-.ible under section 27 of the evidence act. it is quite safe and reasonable to hold, as the jury have found to arrive at their verdict that the knife belonged to the accused and after the stabbing ..... not make any statement. that is not so.' in that state of evidence mr. bose argued that evidence which could be admissible under section 27 of the evidence act should properly have been by proof of the record of the statement made in writing under section 161 cr.p.c. but the prosecution has not led any evidence ..... the result has been complete disregard of the prohibition contained in sec. 162 cr.p.c, and also of the essential necessity of compliance with section 145 of the evidence act. by such lack of care some prejudicial matters have found its way in the record of evidence, though strictly they were inadmissible. the other characteristic pointed out by mr .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal59,69CWN545
..... . on behalf of the petitioners it has been argued that mistake of law creates no. estoppel and reliance was placed on the decision of the supreme court in the sales tax officer, eanaras v. kanhaiya lal makund lal saraf, reported in : [1959]1scr1350 where it was observed at p. 143 as follows:'whether the principle of estoppel ..... sued the defendants for recovery of a sum of rs. 570/- paid by him as advance to the defendants with interest thereon in pursuance of the agreement for sale according to which the defendants agreed to sell the suit property to the plaintiff for rs. 2250/-. the plaintiff agreed to purchase the property on the representations of ..... . and therefore exempted under article 35(ii) of schedule ii of the provincial small cause courts act. on a parity of reasoning the petitioners here argue that no doubt they pleaded in the plaint that they would not have delivered the goods to strangers unless such strangers came with the recommendation of the defendants and with come kind of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal1,61CWN494
..... for purposes of execution, but proceeded on general grounds.18. giving the matter the best consideration i can, i have come to the conclusion that there is no good reason to dissent from the view taken concurrently by the trial and appeal courts in the above case. the right to enforce the decree, it appears to me ..... be reasonable. if, for example, the decree-holder is restrained from proceeding against one of the properties of the judgment-debtor for a certain time and the sale of the other properties does not satisfy his decree, but by the time the restraint in regard to the first property is removed, the period of limitation prescribed ..... the 6th dacember. 1948. on the 9th september, 1935, the plaintiffs in the partition suit, together with baijnath, started a proceeding under the u. p. encumbered estates act and to that proceeding, the members of the banares branch were made parties. in 1946, the banares branch made two separate applications belore the special judge for injunctions against .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT183(HC),100CWN900
..... other cases by 'any other law for the time being in force or if there by no such law according to 'justice, equity and good conscience', vide section 37 bengal, agra and assam civil courts act, 12 of 1887.64. the high court is to apply the law that would be applied by the civil courts subordinate to it, vide ..... acquire a house : its value at the time of acquisition has to be fixed : there are many modes of valuation, namely, estimate by an engineer, value reflected by comparable sales, capitalisation of rent and similar others. the application of different principles may lead to different results. the adoption of one principle may give a higher value and (he adoption of ..... unconstitutional on 2 counts i.e. both under article 14 and 19 holding:-'in my judgment, there is no justification at all for the freezing of transactions by way of sale, mortgage, gift or lease of vacant land or building for a period exceeding ten years, or otherwise, for a period of ten years from the date of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal496,77CWN760
..... the general tenure of the award was the recognition of three shares and partition of all the properties. in our view there does not appear to be any good ground for the same that they misconducted themselves or made any mistake in conducting the enquiry. there is no independent cause or testimony to sustain or to give ..... enquiry into the merits, as this might lead to such an enquiry in almost in every case.30. the result is that the plaintiffs respondents failed to make good their objections on this part of the argument advanced by mr. sakti nath mukherjee, the learned advocate on behalf of the appellant. we accept his submission that the ..... trial court, the subsequent history and the other transactions viz., the plaintiff's deeds of sale would prove beyond any uncertainty that the plaintiff respondent had acted and had been still acting upon the said award. it seems to us that the respective sale deeds by the plaintiff respondent are the strong evidence of an assertion of his title based .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal354,67CWN1051
..... demand for possession only a few months before the suit. it also appears, as found by the court of appeal below, that the defendant or defendants concerned paid good money or consideration for their purchase and the facts before us do not indicate that the plaintiff derived no benefit from that money. in the circumstances, we think ..... the suit-lands and recovery of possession of the same from the defendants, or, in the alternative, for cancellation and setting aside of a certain kobala (deed of sale), obtained from his mother by the defendant no. 1, with the consequential relief of possession. upon the above reliefs, further relief in the shape of mesne profits was ..... to be in existence (child en venire sa mere) has no relevancy or application when one is considering the question of applicability of section 6 of the indian limitation act. on the other hand, the latest view of the allahabad high court in the casa of audhesh singh v. rajeswari singh, : air1951all630 , of the bombay high .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal727
..... of the assignee being allowed to escape from the liability which he had himself undertaken.' in the opinion of the board these views, much expressive of the justice and good faith of the situation, are still part of english equity jurisprudence, and an injunction can still be granted thereunder to compel, as in a court of conscience, one ..... should bo held liable for damages for two different periods on two different basis, i.e., they would be liable after notice for breach of contract for the sale of the coal and before notice for actual breaches only.7. on this basis the first subordinate judge passed the preliminary judgment on 28th september 1932, directing an ..... to be inferred by the use of the word lease, which implies an interest still remaining in the lessor.' he held, therefore, that whether the transfer of property act applied or not, such a lease is forfeitable, notwithstanding that it is permanent. in this opinion their lordships concur, and it follows that they are unable to give .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal651,129Ind.Cas.787
..... it and there can be no doubt at all that the claim on the part of the clients that this award now binds the attorney, gives rise to a good many matters for investigation. the second defence which is taken particularly by the lady attormani is that the attorney was engaged throughout on the understanding that he would not ..... mr. jacob, the then receiver of the said estate, should raise and pay to the said babu bamesh chunder bose the sum of rs. 40,000 by mortagge or sale of undivided half-share of the properties bequeathed to the heirs of narayaa chunder dhur. that your petitioner filed an affidavit in opposition to the said application affirmed on 23rd ..... order made that costs of all parties do come out of the estate.3. on 2nd december of the same year this suit for administration was instituted, the applicant again acting as attorney for the plaintiffs ashutosh and mt. attormani.4. it is unnecessary to set out in detail all the steps of this intricate litigation.5. the preliminary decree .....
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