Court : Kolkata
Reported in : AIR1962Cal1
..... 8702 dated london, the 13th december 1955, for sale of indian linseed oil is illegal under section 17(2) of the forward contracts (regulation) act, 1952 so that an english award made thereon dated the 29th october 1956 is unenforceable under section 7 of the arbitration (protocol and convention), act, 1937 on. ..... one is the expression in the notification, 'in any place in india', and the other is section 1(2) of the forward contracts (regulation) act, 1952, which expressly says that the act extends to the whole of india except jammu and kashmir. ..... bhabra appearing for the respondent argues that under section 17 of the forward contracts (regulation) act both the buyer and the seller must have the permission of the central government. ..... therefore, the whole object of the notification under the act was to control such forward contracts by insisting upon the permission of the central government so that the central government could check whether such forward contracts were purely speculative or genuine ..... in addition to these aspects, one other consideration is that section 20(1)(c) of the forward contracts (regulation) act makes contravention a penal offence punishable with imprisonment or with fine or with both and it is hardly likely that a foreigner or a foreign company was intended by this intra-territorial as opposed to extra-territorial statute to be enmeshed in the crimes of this country when in good faith such a foreign buyer would be entering into a contract with an indian seller .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal545,65CWN920
..... section 23a that the object of enacting the section was to arm the president with power to control and regulate the vacations of the high courts in such manner as he thinks fit though by no stretch of imagination such a provision can be regarded as one having any relation with or any bearing on the questions of salaries or allowances, leave of absence, or pensions of judges which were the principal topics dealt with by the original act 28 of 1954, the new prevision affects not merely the judges of the high court but the high court ..... an analysis of the original provisions of the act 28 of 1954 indicates that the act was originally passed for carrying out the purposes of article 221 of the constitution and this legislation was based on the model of the government of india (high court judges) order 1937 passed on 18th march 1937 under section 221 of the government of india act, 1935 and other sections mentioned in the said order.32. ..... advocate-general of orissa, 1957 scr 167 at p. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal349
..... this also disposes of your letters dated the 27th of may 1951, the 27th of june 1951, the 4th day of july 1951, the 10th of july 1951, the 31st day of july 1951 and the 3lst august 1951, addressed to the hon'ble minister for education, government of india. ..... hence this orissa case is the authority to be followed in the instant case where the government purported to act under rule 55b. ..... but he is not expected to accept an engagement in a lower status, though it may be reasonable for him, in the state of the labour market, to accept a lower salary; and this will be taken into consideration in the calculation of the damages. ..... it was held in tarachand pundit's case as well as in abdul majid's case : (1954)iillj678sc that the rule of english law that a civil servant cannot maintain a suit against the state or the crown for the recovery of arrears of salary does not prevail in india. ..... the proposition is denied that a civil servant serves the government 'ex gratia' and that the salary is in the nature of a bounty. ..... it has been held that the government servant is entitled to recover arrears of salary by a suit in a civil court.35. ..... sometime after on december 1, 1956 the plaintiff was appointed a reader in sociology by the utkal university at a salary of rs. ..... --20-77-40-850 on an initial salary of rs. ..... sarma will receive an initial salary of rs. .....
Tag this Judgment!Court : Kolkata
Reported in : [1963]49ITR773(Cal)
..... for instance it was said that when anybody serves a firm and receives a salary which attracts the levy of income-tax it is the firm who is responsible for making deductions out of the salary of the servant under section 18 of the act and that the same has got to be shown under section 21 of the act in the annual return. ..... the following are the undisputed facts which relate to the payment made :(1) the assessee came out to india in 1937 and was working as an assistant of the firm until july, 1947. ..... sen because of the help he, as a lawyer and advocate, had rendered in april, 1937, in respect of the new issue of shares in the indian iron and steel co. ..... commissioner of income-tax, the facts were as follows : pattani, the assessee, was the chief dewan of bhavnagar state from 1937 to 1948 when he was appointed the chairman of the bhavnagar durbar bank, for which post he received no salary. ..... i was an assistant in that firm from april 1, 1937, until the date the company was incorporated. ..... in 1937 when the indian iron & steel company limited were about to issue new shares of the company, mr. ..... in the year 1937. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal140
..... it was held by the learned judge that where on an application made under section 34 of the indian arbitration act for stay of a suit, an issue is raised as to the formation, existence or validity of the contract containing the arbitration clause, the court is not bound to refuse a stay but may in its discretion on the application for stay decide the issue as to the existence or validity of the: arbitration agreement even though it may involve incidentally a decision as to the validity or existence of the parent contract.' 6. ..... was then made by the respondent under section 5 of the arbitration (protocol convention) act 1937 (vi of 1937) for passing a decree on the award. ..... on an application for stay of a suit under section 34 of the indian arbitration act 1940, where an issue hag been raised as to the formation, existence and validity of an arbitration agreement, the court is not obliged to grant the stay but has a discretion to decide that issue and may, if necessary, set down the application for trial on evidence, even though it may involve a decision as to the formation existence and validity of the contract itself which incorporates an arbitration clause. ..... it is significant that under section 31(2) of the act all questions regarding the validity, effect or existence of an award or an arbitration agreement between the parties to the agreement or persons claiming under them shall be decided by the court in which the award under the agreement has been or may be filed, and by no .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal569
..... obvious reason or apparent purpose, without the slightest intention of vesting in the donee any beneficial interest in the property granted or transferred, as well as the usages which these natives have adopted and which have been protected by statute, no exception has ever been engrafted on the general law of india negativing the presumption of the resulting trust in favour of the person, providing the purchase-money, such as has, by the courts of chancery in the exercise of their equitable jurisdiction, been engrafted on the corresponding law in england in those ..... of this judgment i wholly accept the position that, unless there is anything in the testator's will entitling the trustees to retain any remuneration which they may receive as director or managing director of this company, the rule must apply; but there is no rule of equity which says that a testator, if so minded, may not provide that his trustees can hold salaried office in companies which the testator's estate controls and receive the emoluments attached to those offices without ..... it appears, however, from the minutes of the meeting of the board of directors held on january 18, 1944 that the remuneration or salaries of working directors and managing agents was increased as under: with effect from 1st november 1941 to 31st october ..... in 1937, the shariat act was passed whereby muslim personal law has been made applicable inter alia to the above group of mohamedans, superseding the customary law by which they were .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal544
..... at a speed of less than 100 miles per hour; (9) the pilot did not at this time think to abandon the flight and return back to the aerodrome to examine the aircraft; (10) the pilot intended to abandon the flight much later when there was the fire alarm signal in the starboard engine when the aircraft was flying at a speed of 120 miles; (11) the evidence of the pilot that he turned to the left first and the fire alarm signal in the starboard engine he saw immediately afterwards was not acceptable ..... the concluding sub-rules of rule 75, being sub-rules (6) and (7) of the rules made under the aircraft act read as follows: '(6) the court shall make a report to the central government stating its finding as to the causes of the accident and the circumstances' thereof and adding any observations and recommendations which the court thinks fit to make with a view to the preservation of life and avoidance of similar accidents in future, including, a recommendation for the cancellation, suspension or endorsement of any licence or certificate issued under these rules. ..... no salary or commission has been proved to have been paid to the deceased. ..... i have also noted the case of (1937) 1 ail r 108, in which goddard, j. ..... reported in (1937) 1 all er 108, goddard, j. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal225
..... i have said above that the act applies and the board gets jurisdiction only when a debt exists, or, in other words, that the existence of debt is the test or foundation of the act's application and the board's jurisdiction, i have also held that the board has jurisdiction to determine the existence of the debt, such jurisdiction not being exclusive or to the exclusion of the civil court on the point of existence of the liability, that is, not exclusive except, perhaps, beyond the limit of determination of the character of the liability, namely, whether it is a debt or not. ..... coming now to the reported decisions on the act, which are numerous, it appears as if there was a struggle between the learned judges for about long 18 years from april 14, 1937 till february 8, 1955 to find out, as to whether the jurisdiction of the civil court is ousted by the act or not. ..... 4(b)) passed by the board was without jurisdiction and void, that the said ekrarnama of april 8, 1937 was never acted upon and was not specifically enforceable in a court of law. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal570
..... hindu law of religious endowments, de-buttar, theology, metaphysics, the 'shastras', the vedas, the upanishads have all mixed inextricably with the income-tax act to produce this reference at the instance of the commissioner of income-tax, calcutta under section 66(1) of the act raising a fundamental question of large and far-reaching public interest, namely:'whether on the facts and in the circumstances of the case, the assessments on the deities through the shebaits under the provisions of section 41 of the indian income-tax act were in accordance with law?' 3. ..... out of the residue the salary of the priests and daily expenses of thedeb sheba and expenses on festivals shall be incurred according to the scale as i have been doing. ..... a number of states like andhra pradesh, gujarat, kerala, madras, madhya pradesh, orissa and uttar pradesh have exempted religious and charitable institutions from the provisions of land ceiling, while certain other states like bihar have fixed a higher acreage as the ceiling area for these institutions. ..... minister of national revenue, reported in 1960 ctc 173 where it was held that the word 'individual' must be 'natural living person'. ..... in mysore, there were regulations in 1927, amended by act 1 of 1937. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal290,68CWN410
..... who delivered the judgment of the board considered the various sections of the indian contract act and also the provisions of the english factors act, 1842 and held that'whenever any doubt arises as to whether a particular document is a 'document showing title' or a 'document of title' to goods for the purposes of the indian contract act, the test is whether the document in question is used in the ordinary course of business as proof of the possession or control of the goods or authorising or purporting to authorise, either by endorsement or delivery, the possessor of the document to transfer or receive the goods thereby represented ..... for conveyance must be given up at destination by the consignee to the railway company, otherwise the railway may refuse to deliver and that the signature of the consignee or his agent in the delivery book at destination shall be evidence of complete delivery.if the consignee does not himself attend to take delivery he must endorse on the receipt a request for delivery to the person to whom he wishes it made, and if the receipt is not produced the delivery of the goods may, at the discretion of the railway company, be withheld until the person entitled in its opinion to receive ..... union of india, air 1937 nag 31 is an important case for our purpose. .....
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