Court : Kolkata
Reported in : (1998)2CALLT215(HC)
..... . while introducing the betting act 1853 in the house of commons the attorney general sir alexander cockburn stated 'servants-apprentices and workmen induced by the temptation of receiving a large sum for a small one, take their few shilling to these places, and the first effect of their losing is to tempt them to go on spending their ..... . the petitioners feel that the substantial income out of betting and gambling a nuisance, should be spent for eradicating an another evil of the modern society by setting up old age homes etc.it has also been suggested by the petitioner that there shall be a high-power committee to be appointed by the court right at once to explore and find out the modalities of operation of the horse race, minimising as far possible the evil of betting and gambling ..... . the learned advocate has further submitted that the horse racing take place in calcutta, bombay, bangalore, madras, delhi, pune, mysore and hyderabad and the race horse are by and large common for running in the different races in different parts of ..... . the learned advocate for the petitioner, in this connection has also relied upon the judgment and decision of the supreme court in the case of state of bombay v. ..... . in fact, the races in bombay and bangalore are run by public limited companies called royal western india turf club limited for bombay and bangalore turf club limited for ..... in this connection, he has referred to the observations of the supreme court in the case of state of bombay v. r.m.d .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal16
..... 454 of the report as follows: 'accordingly your lordships will find throughout the whole of the act a plain and marked distinction drawn between the interest of the share-holders inter se, and the interest which the public have in seeing that the terms of the act are construed in such a manner as to protect them in dealing with companies of this description. ..... ghose further argued that unless there was a statutory prohibition or unless there were restrictive covenants, a tenant had the right to use the demised premises for whatever purposes he liked, provided they were not illegal, immoral, and did not create a nuisance. ..... sen was a decision of bombay high court in in re. ..... in a trading company, whose aim is to earn profits for the benefit of share-holders, the directors and share-holders of the company are the best judges of the trading policy of the company and so long as the requirements of the statute are complied with and the policy pursued by the company through the object clauses in its memorandum is not fraudulent or unfair to any class of its members and does not violate the statutory provisions, the court should not easily or lightly interfere, with the decision of the share-holders and directors of the company and also of creditors, if any. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal598,[1963]47ITR247(Cal)
..... the word 'profit' in rule 6 has the same meaning as the word 'profit' in section 2(6c) and section 10(7) of the income-tax act and does not include technical 'surplus' of mutual insurance societies except, if the bombay decision is taken to be right, the case of a mutual life insurance society where this 'surplus' is expressly brought in by the clear language of rules 2 and 3 to that effect, but which rules 2 and 3 are inapplicable in the case governed by rule 6.73. ..... of mutual insurance really rested on certain basic assumptions and according to his lordship after noticing the decided authorities they were: -'from these quotations it appears that the exemption was based on (1) the identity of the contributors to the fund and the recipients from the fund, (2) the treatment of the company, though incorporated, as a mere entity for the convenience of the members and policy holders, in other words, as an instrument obedient to their mandate, and (3) the impossibility that contributors should derive profits from contributions made by themselves to a fund which could ..... lord watson further pointed out at the same page that the question before the house for determination was: 'the question which we have to decide is whether that surplus represents annual gains or profits' within the meaning of schedule d of the income-tax act of 1853. .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)2CALLT143(HC)
..... the facts of the above decisions are quite different and distinguishable from the facts of this case, that the union wholly comprised of the employees of the defendant cannot be treated as separate entity, that it may be a registered body under the trade union act but the union activities in the bank must be held to be part of the business activity of the bank, that the union activity of the employees of the bank being part and parcel of the bank's functioning where is no parting with possession in the eye of law even if the bank permits its registered union of the ..... 4 : the plaintiff has also alleged that the union which is now using the suit premises frequently shouted slogans during union meetings as the large number of members assemble there during such meeting and the plaintiff's director and other co-tenants are terribly annoyed and the defendant is, therefore, guilty of annoyance and nuisance and is liable to be evicted under clause (e) of section 13(1) of west bengal premises tenancy act, 1956.24. mr. ..... in the bombay high court case reported in : air1980bom69 it has been held that a person giving property to another by will transferred or assigned the property to that person. mr. ..... in support of the contention that assignment would include every kind of transfer he has referred to the decision of bombay, high court dr. .....
Tag this Judgment!Court : Kolkata
Reported in : (1893)ILR20Cal116
..... (1853), 558, decided on the 28th june 1853, the grant declared a joint right in all the lineal descendants of the appropriator to share without any actual division of the proceeds of the property with the duties attaching to them as regards the maintenance of the tomb, and it was declared that all such persons were entitled to share according to their rights of inheritance under mahomedan law in the proceeds of the endowed property, and all must be held to have an interest in the general administration of the ..... a settlement of property by way of making provision for one's support and for the support of his descendants, how low soever, is itself a pious and charitable act according to the mahomedan law, and therefore the deed in question cannot be set aside upon the ground that there was no pious object in view, there being a contingent reversion to the poor; and certain passages from some of the mahomed in law treatises, especially book ix, chapter iii, sections 2 and 3 of baillie's digest, were quoted before us in support of ..... , then, it appears from all the cases in our reports, commencing in 1798, to the present time, with the exception of the two cases in the bombay high court and the case in fulton's reports which can be distinguished, that the primary and substantial object of every wakf which was recognized as constituting a valid endowment, was the maintenance of some religious institution or to carry out some charitable purpose in the ordinary signification of that term. .....
Tag this Judgment!Court : Kolkata
Reported in : (1913)ILR40Cal421
..... i think that the conclusion to be drawn from the cases is to show that the widow, with the consent of the then next reversioner, has the power of making an alienation of the whole or any portion of her deceased husband's estate--but that the power is limited to this extent that no act done bv the widow, with the concurrence of the then next reversioner, or by the then next reversioner, can have the effect as against the actual reversioner of giving the widow a greater estate in the property than she has under the hindu law : see hem ..... of mortgage has been effected by a hindu widow in respect of a portion of the estate of her husband, with the consent of the next reversioner for the time being, such consent may raise a presumption that the transaction was for legal necessity or that the mortgagee had acted therein after proper and bona fide enquiry and had satisfied himself as to the existence of such necessity, but this presumption, when it arises, is rebuttable, and it is open to the actual reversioner to establish that there was in fact no legal necessity ..... the bombay high court proceeds on a different basis: it takes it only as evidence. ..... punchanun bose (1853) beng. s. d. a. r. .....
Tag this Judgment!Court : Kolkata
Reported in : 35Ind.Cas.294
..... 47, civil procedure code, and that the remedy of the plaintiff was by way of an application to the execution court to be placed in actual possession of the purchased property; secondly, that the defendants are at liberty to impeach the ex parte decree as fraudulently obtained and consequently inoperative; thirdly, that the defendants are not bound by the doctrine of res judicata and are entitled to establish that the plaintiff has acquired title, if at all, to only two-thirds share of the property, that is, only to the interest of the two mortgagors a and b; and fourthly, that there should ..... section 44 of the transfer of property act provides that where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in the section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house. ..... 5 where this court dissented from the contrary opinion expressed by the bombay high court in sadashiv mahadu v. ..... har gobind (1853) beng. s.d.a. .....
Tag this Judgment!Court : Kolkata
Reported in : 81Ind.Cas.353
..... if several persons go out together for the purpose of apprehending a man and taking him to the police station on a charge of theft, and some of the party in the presence of the others beat and ill-treat the man in a cruel and violent manner, and the others stand by and look on without endeavouring to dissuade them from their cruel and violent conduct, those who have to deal with the facts might very properly infer that they were all assenting parties and acting in concert, and that the beating was in furtherance of a common design ..... , before the jury that immediately on the demand for money being made of the past master by the three men who had entered the room, in which the post master was working, the packer, hara parasad das, at once ran up towards the post master's table and saw three men at the door of the room and that the accused was one of the three and' that there was another man in the courtyard near the steps leading to the door, the packer's word were as follows;--'the post master stood up and said ..... as to authority, the weight of judicial opinion has from the first been in favour of the wider view of section 34, very clearly so, in my opinion, in this court and in the high courts of bombay and allahabad.170. ..... murphy (1853) 6 cox c.c. .....
Tag this Judgment!Court : Kolkata
Reported in : (1888)ILR15Cal461
..... when we turn to the case of public ways in the full sense of the term (and the present case falls under that heading), it is not quite so easy to say what remedies are open in the interest of the public on the one side and on the other side of the owner of the land who denies the public right. ..... and in the bombay high court this view has been repeatedly accepted, both under the earlier and under the present acts. ..... we must take the facts before us to be that the plaintiff is the owner of a piece of land, that the substantial defendant alleges that that piece of land forms part of a public highway, that he took proceedings before the magistrate under section 133 of the criminal procedure code against the plaintiff for obstruction to the alleged highway, and that an order absolute was made by the magistrate under section 137 directing the removal of the obstruction. ..... if any one obstructs a public highway he may be liable to a criminal charge of nuisance under section 283 of the penal code, or of mischief under section 431, if the circumstances be such as to sustain either of these charges. ..... (1853) 129 it seems to have been thought that such a suit would not lie, and the same view was taken in prankishen surma v. .....
Tag this Judgment!Court : Kolkata
Reported in : (1987)ILLJ260Cal
..... it is to be noticed at this juncture however that in one such case referred to in the charge, the party concerned applied before the central board for a review of the order and the central board in its turn remitted the matter to the petitioner for appropriate action in the case and the petitioner in his turn deal with the matter and passed orders reducing the quantum of damages within the percentage noted above. ..... suffice it to say here that the earlier acts of misconduct, if any, by reason of the bombay high court decision cannot and ought not to be taken into account for the purpose of evidencing or bringing home the charge of misconduct against the petitioner as an act of habitual negligence in performance of duty.13. ..... show good cause' have to be read ejusdum generis and would include in its ambit such cause as may be akin to the non-receipt of the notice and as such it was contended that the question of reopening of the matter can only take place where the employer is prevented from representating his case before the commissioner for sufficient reason and the words otherwise show good cause' cannot be constructed to provide the power of general review as otherwise the administrative instruction will be ultra vires the provisions of the act of 1952. ..... in order to bring home the charge of misconduct in justification of nuisance of a chargesheet within the ratio of the supreme court decision in ahmed's case (supra), mrs. .....
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