Court : Kolkata
Reported in : AIR1966Cal552,70CWN82
B.C. Mitra, J.1. The appellant, a Belgian national, came to India on November 23, 1947, as a Roman Catholic Missionary and discharged his duties as such, at Ranchi and Calcutta. In February, 1952, he gave up his missionary activities and commenced a secular life and held serveral posts in commercial organisations. The Department of Registration or Foreigners was informed in writing by the Jesuit Mission in Calcutta, that the appellant had ceased to be a Christian Missionary and had given up his missionary activities. The appellant came to India on a Belgian passport with a visa for his visit to India given by the Visa Section of the British Embassy at Brussels. The period of the appellant's stay in India, on the visa issued as aforesaid having expired, he applied for extension, but this was not granted. Proceedings were started against him under Section 14 of the Foreigners Act, 1946, before the Additional Chief Presidency Magistrate, Calcutta. On September 22, 1956, the appellant was ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1999Cal242,(1999)3CALLT466(HC)
ORDERK.J. Sengupta, J.1. In this petition the petitioner being the learned Member of the Bar Association (the respondent No. 3) has challenged the vires of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 (hereinafter referred to as the said Act).2. In the petition it has been alleged amongst other that they being the regular practitioners of this Court are seriously affected as they are having substantial practice in litigations of land laws in the event the said Act comes in operation.3. In the petition the sum and substance of the challenge as against the Act are given hereunder.(i) It is not a Tribunal within the meaning of the provision of Article 323-B(1) of Clause (d) as it lacks all the attributes of this Article.(ii) The jurisdiction, power and authority of the Tribunal as mentioned in Sections 6, 7 and 8 of the Act are ultra vires Constitution of India as it intends to take away the power of judicial review of the High Court under Articles 226 and 227 of the Consti...
Tag this Judgment!Court : Kolkata Appellate
1. A vital and interesting question has cropped up before us in the instant tribunal application as to the competence of the Land Reforms Tenancy Tribunal constituted under West Bengal Land Reforms and Tenancy Tribunal Act (hereinafter referred to as the Tenancy Tribunal Act) under Article 323(B) of the Constitution of India to deal, entertain and/or set aside the orders, decrees and judgments passed by the Civil Judge having jurisdiction in respect of the subject matter under the Specified Act as defined under section 2(r) of the West Bengal Land Reforms and Tenancy Tribunal Act 1997. 2. Initially when the said Tenancy Tribunal Act was promulgated it was made applicable in respect of five Acts. Those are the West Bengal Estate Acquisition Act 1953, the West Bengal Land Reforms Act 1955, the West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fisherman Act 1975 and the West Bengal Land Holding Revenue Act 1979. By an amendment Act, the said West Bengal La...
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal31,(1966)ILLJ535Cal
Bose, C.J.1. This is an appeal torn an Order of B'anerjee, J. dated the 13th November 1963 quashing an award of an Industrial Tribunal and remanding the matter for rehearing by the Tribunal in accordance with the directions given in the Order. 2. The respondent Parry and Co. Ltd. carries OH business all over India as Merchants, Importers, Selling Agents and manufacturers having its Head Office in Madras. In Calcutta the principal business of the respondent Company consisted ol: various agencies for sale of products of diverse well-known companies. The respondent Company also carried on manufacturing activities on a small scale at a small Engineering Workshop at Kidderpore. In 1954 the respondent Company is alleged to have suffered losses due to decline in business and, effected retrenchment of some staff with the permission of the Labour Appellate Tribunal. 3. The case of the respondent Company is that the business was affected as a result of import restrictions and other factors. In 1...
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