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 : AIR1967Cal507,(1968)ILLJ335Cal
..... requiring a hearing to be offered to an existing union before registering a new one, contravenes article 19(1)(c) of the constitution; (c) that ..... said order of registration of the rival union and prays for a writ of mandamus and certiorari on the grounds: --(a) that the order contravenes natural justice as it was made without hearing the petitioner; (b) that section 8 of the trade unions act, 1926 (hereinafter referred to as 'the act'), if it is construed as not ..... founded on different statutory provisions together with the rules framed under section 26a of the income-tax act, 1922. which lay down certain specific requirements. though regulations have been made under section 29 of the trade unions act, these regulations do not prescribe any procedure to be followed in dealing with an application for registration .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal512,70CWN520
..... are being conducted in a manner oppressive to some part of the members (including himself) or, in a case falling within sub-section (3) of section 169 of this act, the board of trade, may make an application to the court by petition for an order under this section. 2. if on any such petition the court is of opinion- (a) that ..... one-fifth of the total number of its members'. 28. section 401 gives the central government a power comparable to that given by section 210 of the english act to the board of trade, to apply to the court for an order under section 397 or 398.29. section 402 specifies some of the reliefs which the court is empowered to ..... maxwell, 9th edition, page 54. 'the headings prefixed to sections or sets of sections in some modern statutes are regarded as preambles to those sections.'59. in martins v. fowler, 1926 ac 746, the privy council had to consider the effect of the heading to a section in marriage ordinance 1884 (law of southern nigeria, cap. xcv) and held 'such headings .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal23,[1966(12)FLR30]
..... 1956 cal 189 in which though mr. s. chowdhury, the learned counsel. pointedly raised the question that the case being a case of a trade union, a writ for mandamus is not maintainable (see paragraph 13) but his lordship went into the merits of the case and dismissed it on another ground (see paragraph ..... of the prayer portion of the petition and further commanding them and each one of them to forbear the new managing committee from functioning any further and directing them to act in accordance with law.44. the rule is accordingly made absolute.45. all interim orders stand dissolved. in the particular circumstances of this case, the parties would bear ..... body, where there is a collusion, a writ lies. in the case of carlsbad minerals : air1952cal315 (supra) the application was also under section 45 of the specific relief act. in paragraphs 11 and 12 thereof, the principles of the application of high prerogative writs in article 226 were discussed. bose, j., (as his lordship then was) in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal630
..... it was inappropriate to speak about a 'certificate of fitness' in respect of all these provisions. this shows that the wordings of article 132 of the limitation act are not to be construed very strictly. the expression 'certificate of fitness' used in article 132 includes all the other kind of certificates mentioned in articles 132 ..... . there was no intention of distinguishing between the word 'certificate' and the expression 'leave to appeal' which might have been used in other parts of the act. it would certainly have been much better if the expression 'leave to appeal' had been entirely dropped, even from section 12. perhaps this is the inevitable ..... argues that it has been authoritatively declared that 'leave to appeal' is quite different from granting a certificate. the exemption under section 12 in the present limitation act relates to an application for leave to appeal but not to an application for the grant of a certificate. therefore, the appellant cannot avail himself of that .....
Tag this Judgment!Court : Kolkata
Reported in : [1965]57ITR235(Cal)
..... written consent of all governments for which the treaty was signed and requested such governments to give their consent....iii. typographical errors found in the trade agreement with costa rica after signature and before rectification by costa rica were corrected and initialed on the costa rican original by the american minister ..... nationality, invoked the france-spanish convention of january 7, 1862, arguing that it provided for reciprocity and thereby enabled him under the law of 1926 to claim that the landlord should renew his lease for commercial premises. the court interpreted the convention and held that it implied not that the ..... in written form, whether embodied in a single instrument or in two or more related instruments (called either treaty, convention, protocol, convenient, character, statute, act, declaration, concordat, exchange of notes, agreed minute, memorandum of agreement, modus vivendi or any other appellation) concluded between two or more states or other subjects .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal635,1965CriLJ741
..... were falsely implicated. 4. mr. mookerjee, learned advocate for the petitioner, contends that sections 99 to 105 of the indian railways act prescribe the offences in respect of which a railway servant can be convicted and that ..... the indian railways act. the learned magistrate acquitted patiram jadav but convicted the present petitioner under section 120(b) and sentenced him to pay a fine of rs. 25 in default to suffer simple imprisonment for five days. 3. the accused persons pleaded not guilty. the defence was that on account of trade union rivalry the accused ..... revisional petition is directed against the order of a learned magistrate of the first class, vishnupur, convicting the petitioner under section 120(b) of the indian railways act. 2. the case for the prosecution is that on the 12th july, 1961, at about 7 o'clock in the morning birendra nath singh, assistant station master .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal389,(1966)IILLJ849Cal
..... government officers notwithstanding anything contained in the rules relating to the submission of petitions and memorials by government servants.'18. it is evident that unless a trade union is recognised by the government, it shall have no collective footing in making representations to the government and that its representations will be subjected to the ..... meet the relevant charge. whether prompted by communal considerations or not, mr. ashraff had committed an ultra vires act to the injury of the petitioner union by cancelling one of the branches of the union shortly after its recognition and since then the relationship between the petitioner and this officer cannot be supposed to ..... . admittedly, these rules have a statutory force, having been made in exercise of the power conferred by section 241(2) of the government of india act, 1935, so that, the relevant part of the rule in question being mandatory, any breach thereof will render the impugned order ultra vires and without jurisdiction .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal319,69CWN767
..... from suit. in support of the application the tass agency (first defendant) filed an affirmation by a mr. andrienko, the legal adviser of the trade delegation of the union of soviet socialist republics in the united kingdom, which contained a summary of some of the provisions of the statute concerning tass and there was exhibited ..... raising the question of immunity. moreover, there is nothing to show that the administrative officer divakara bickrarn rana of the administrator of the defendant corporation was acting with the knowledge and authority of his majesty the king of nepal or the ministry of transport and communication of the government of nepal in giving instructions ..... the principle has been during the great war, during which the importance to the state of trading vessels become fully realised'. quoting from the decision of the supreme court of the united states in berrizzi brothers co. v. steamship pesaro, (1926) 271 us 562 at p. 574 his lordship said 'the principles of immunity are .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal59,69CWN545
..... defendant was a kind of surety the plaintiffs would never have given those goods to a stranger, proceeds to say that out of a sense of rivalry in the trade the defendant in order to practise deception cheated the plaintiffs by sending a fictitious person and removing the plaintiffs' goods and converting them. the allegation of conversion and ..... and total lack of jurisdiction. the next case to which reference was made on behalf of the opposite party is kedar sheikh v. najumaddi sheikh, reported in air 1926 cal 1230, a division bench decision of this court. the report is short and the facts are not sufficiently clear, but it was held in that case by cuming ..... punishable under section 403 of the indian penal code was repelled on the ground:'it is, however, an essential element of this offence that the accused person should act dishonestly, and we are unable to find in the plaint any definite allegation that the defendants had the intention requisite for the commission of an offence under this .....
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