Court : Kolkata
Reported in : AIR1964Cal131,67CWN772
..... had taken over the provident fund. probing further into this question ofdelay, it is apparent that the present complainant appears to have made it a cause of his union. it is said that the present complainant came to the board of trustees of the provident fund in november and december 1956, but even then he took about ..... half when on the 1st november 1957 the present complaint was signed by kishorilal dutta, president of the union. this delay is significant. in the mean time, the state took over the provident fund under the employees provident fund act on the 1st january 1957. what was the occasion and the need for making thereafter on the 1st ..... f.b. mukharji, j. 1. this is a reference under section 21 of the chartered accountants act. the complainant is one kishorilal dutta who is described as the president of the ananda bazar patrika, hindusthan standard and pesh employees union. the complaint is against p.k. mukherjee, a chartered accountant. he was appointed an auditor to check the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal461,1961CriLJ204
..... the indian penal code. in section 120a criminal conspiracy is defined as the agreement between two or more persons to do or cause to be done an illegal act or an act which is not illegal bv illegal means. in section 107(2) a person is said to abet the doing of an offence who engages with one or ..... a particular enactment is not repealed by a general enactment in the same statute, and that 'the rule is that where a general intention is expressed, and the act expresses also a particular intention incompatible with the general intention, the particular intention is to be considered in the nature of an exception.' it is further observed as follows ..... by conspiracy also requires such a previous sanction. only where there is a charge of conspiracy pure and simple, whether to commit any non-cognizable offence or commit any illegal act, such previous sanction is necessary. in our opinion, therefore, no such previous sanction under section 196a of the cr. p. c. could be necessary for taking cognizance .....
Tag this Judgment!Court : Kolkata
Reported in : [1970]77ITR31(Cal)
..... as legal misconduct is not necessarily the popular misconduct.50. secondly, mr. roy for the assessee has drawn analogies from the sales tax act, the arms act and the ticca tenancy act. in support of his submission on these analogies, he has referred to three cases. the first case is hossein kasam duda (india) ..... of a penalty by the income-tax officer or the appellate assistant commissioner. the minimum prescribed above is not applicable to the inspecting assistant commissioner acting under section 274 or the tribunal hearing appeals from the penalty orders passed by the inspecting assistant commissioner in such proceedings. section 274(2) provides ..... contends that the transfer of the case by the income-tax officer to the inspecting assistant commissioner is in the nature of an administrative or departmental act and only after that transfer the penalty proceeding before the inspecting assistant commissioner starts. therefore, his submission is that the commencement of the proceedings really .....
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 : AIR1999Cal156
..... appears that although sri padia having attended in the meeting after issuance of notice to him, might have become stagnant as has been held in parmeshwari prasad v. union of india, reported in : [1974]1scr304 but the fact remains that such interpolation in the meeting have been detected.43. there are allegations and counter allegations as ..... ltd. to mr. aditya kanoria and from swagat properties ltd. to s.g.s. investments ltd. and the sale of shares of raigarh trading co. ltd. are therefore void and cannot be acted upon. in this connection, please note that i am a director of both nityanandmerchantile ltd. and swagat properties ltd. and these companies have never ..... ltd. 3. shree hanuman properties & finance ltd. 4. dover part builders pr. ltd. 5. mahabir holdings & finance ltd. 6. nityanand merchantile ltd. (r-19). 7. dee cee trading & finance ltd. 8. phool holdings ltd. (r. 20) 9. juban leasing ltd. 10. aarkay mercantile ltd. 11. pursuant to or in furtherence of an agreement the said two .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2006Cal142,(2006)1CALLT259(HC)
..... issues as has been indicated hereinabove a summary judgment under chapter 13a cannot be passed and in support of his submission he has relied on following decisions : : [2002]2scr1074 , air 1926 cal 713. : air1998sc2317 , : [1958]1scr1211 .9. having heard the respective contentions of the learned counsels i am of the opinion that the pronouncement of a final judgment under chapter 13a ..... notice of the learned advocate on record served upon the defendant only few days before the filing of the suit cannot be termed to be a notice under the interest act. if the entire case made out by the defendant is considered it will appear that the plaintiff has no claim at all. on the contrary, the defendant has a counter .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal496,77CWN760
..... kessowji issur v. great indian peninsula railway, (1907) 34 ind app 115, mohomed khaleel shirazi and sons v. les tanneries lyonnaises, 53 ind app 84 (88) = (air 1926 pc 34; parsotim v. lal mohar, 1931] l.r. 58 i.a. 254, lachmeshwar prasad shukul v. keshwar lal chaudhuri; 1940 fcr 84 = air 1941 fc 5, ..... is not maintainable because of the aforesaid award, secondly as all the parties including the plaintiff respondent took part in the arbitration proceedings, accepted the award and acted upon it, the suit should be dismissed. as the respective parties began to possess the properties in accordance with the directions given in the award and as ..... 1955, as it was not possible to prepare the award within the aforesaid time. the second agreement clearly provided that if one of the arbitrators become incapable of acting, the unanimous award by the remaining two arbitrators would be binding on the parties. during the pendency of the arbitration proceedings, amarendranath died and his sons accepted .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal482,1958CriLJ1170
..... not, in the circumstances disclosed, be treated as substantive evidence for all purposes inasmuch as they had been admitted without the provisions of section 145 of the evidence act having been complied with. it appears, however, that the statements were admitted at the instance of the defence although it is by no means clear from the records ..... are not, in our view, of such importance as to have improperly influenced the jury against the accused appellant. in any event, section 167 of the evidence act provides that improper admission of evidence shall not be ground of itself for reversal of any decision in any case provided the court is satisfied that independently of the ..... transaction is a relevant fact.24. the obvious ground of admission of such evidence as is referred to in section 6 is the spontaneity and immediacy of the act or declaration in question. the facts deposed to must form part of the transaction. the requirement is that the statement sought to be admitted must have been made .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1985Cal2
..... laid down in the case reported in air 1930 pc 270 were relied on and reiterated.14. in the case reported in : 1970crilj741 gannon dunkerley & co. ltd. v. union of india it was held that under article 120 there was no right to sue until there was an accrual of the right asserted in the suit and its infringement ..... made on behalf of the appellant, that the case of benami has to be proved beyond reasonable doubt, finds support from the decision of the judicial committee in air 1926 pc 77 (supra). but this view is opposed to the observations of lord hobhouse in the case of uman prasad v. gandharp singh in (1886-87) 14 ind ..... that every promise and every set of promises, forming the consideration for each other, is an agreement. the same conclusion follows from section 58 of the transfer of property act which contains separate definitions of mortgage, mortgagor, mortgagee, mortgage-money and mortgage deed. in other words, the mortgagor and the mortgagee are parties to the contract of mortgage, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1954Cal424,58CWN31
..... precisely the same extent and character could be provided for, there was no meaning in duplicating the provisions of the constitution itself in other provisions of an act of the legislature. since the constitution itself brought into existence the supreme court as a new court and defined its appellate jurisdiction by its own provisions, making ..... was accordingly contended that since immediately before the commencement of the constitution, the federal court was exercising the old jurisdiction of the privy council under act 1 of 1948 and act 5 of 1949 and could hear an appeal from any order, though it was not a final order, upon a certificate given by the high ..... 22itr150(bom) (j)', before the bombay high court, the principal question was whether the opinion given by the high court upon a reference under section 66 (1), income-tax act was a 'judgment' at all, inasmuch as the jurisdiction of the high court in such references is purely advisory or consultative, but chagla c. j. and tendolkar j. .....
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