Judgment Search Results Home > Cases Phrase: trade unions act 1926 chapter i preliminary Sorted by: recent Court: kolkata Page 18 of about 219 results (0.153 seconds)

Saha and Co. Vs. Ishar Singh Kripal Singh and Co.

Court : Kolkata

Reported in : AIR1956Cal321,60CWN471

..... made in the course of the argument at the bar to the general concept of the court's jurisdiction to set aside an award and the case of -- 'oil products trading co. ltd. v. societe anonyme sociente de gestion d' entreprises coloniales' (1934) 150 lt 475 (g) was cited. there, the case of tho applicants who wanted ..... v. bameshwar singh' 30 cal 831 (z11) or on a submission wholly governed by a foreign law --john batt and co. (london) ltd. v. kanoolal and co.' 1926 cal 938 (air v13) (z12).equally the court cannot pass judgment on an award on a supposed arbitration without the intervention of court which is not founded on an arbitration ..... and that expression obviously sums up the whole jurisdiction of the court regarding questions relating to awards.the jurisdiction to set aside an award, which undoubtedly exists under the act, must therefore be contained in the jurisdiction to decide 'questions regarding the validity, effect or existence of an award' for which the section provides. 'set aside', .....

Sm. Nirmala Sundari Dassi Vs. Sudhir Kumar Mitter

Court : Kolkata

Reported in : AIR1955Cal484

..... limitationact is an application, when that application is toenforce this high court's judgment or decree.when there is no such application, article 183 of the limitation act has no operation. unless an application to enforce the judgment is made as when an application is made to substitute representatives of deceased parties' who have died ..... empowered to carry out this order of sale.no further application by the decree-holder to enforce the judgment within the meaning of art. 183 of the limitation act is either stipulated or required under the civil procedure code or, as i will presently show, under the rules of this court.16. execution of a mortgage decree ..... mortgaged properties can no longer be sold under her mortgage decree although she still remains wholly unpaid. the first argument is that under article 183 of the limitation act, the limitation provided is 12 years in the case of a judgment, decree or order of this court in the exercise of its ordinary original civil jurisdiction. .....

Durga Prosad Charnaria Vs. Mario Galstaun and ors.

Court : Kolkata

Reported in : AIR1955Cal194

..... security for such subsequent advances. mr. gupta also relied on -- 'hopkinson v. rolt', (1861) 9 h. l. c. 514 (a); -- 'union bank of scotland v. national bank of scotland', (1886) 12 a. c. 53 (b); -- 'imperial bank of india v. u rai gyaw thu ..... the flow of money under mortgages to secure advances made and to be made would be impeded and the effect on trade and commerce, in which advances had to be obtained from bankers under running accounts, would be highly prejudicial. to a ..... . 167/1 and 167/5 dhurrumtolla street (chandni bazar) calcutta. the mortgages were created by deposit of title deeds madein september 1926. it was agreed by and betweenthe plaintiff and the said mr. galstaun that thedeposit of title deeds in respect of all the ..... to recover thesame with interest at the agreed rate. the learned judge further held that having regard to thebengal money lenders act the plaintiff was notentitled to recover more than double the saidamount. on that basis he declared that theamount due on the .....

West Jamuria Coal Co. Vs. Bholanath Roy and ors.

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. .....

Sunil Chandra Roy and anr. Vs. the State

Court : Kolkata

Reported in : AIR1954Cal305,57CWN962

..... the waist while satyendra dealt blows on him, the part alleged to have been taken by amalesh probabilised the prosecution case and therefore the introduction of the alleged act of amalesh had prejudiced the defence. i do not think there is any substance in that submission.as i have already pointed out, the impugned evidence is not ..... on crimes'. the learned standing counsel contended that the reason for the decision in 'emperor v. noni gopal gupta (l)', was to be found in section 10, evidence act, but i do not consider that contention correct. the case, however, appears to me to be distinguishable on the ground that, there, the declarations of the acquitted person ..... appellants in particular was one of aggressive hostility and sunil was given to uttering frequent threats to kill nirmal. there had been a proceeding under the rent control act, initiated toy all the tenants and an order had been made in that proceeding by which the rents were slightly reduced and certain hours were fixed during .....

Chairman, Budge Budge Municipality Vs. Mongru Mia and ors.

Court : Kolkata

Reported in : AIR1953Cal433,57CWN25

..... a time when article 225 was not in existence. in view of that fact, i am doubtful if, simply because article 225 preserves the jurisdiction under the trade marks act and absorbs it, as it were, into the jurisdictions warranted by the constitution itself, as distinguished from any jurisdiction that may be conferred by particular legislative enactments ..... making power with regard to those jurisdictions is derived and while that argument may not be available in respect of any rules for the exercise of jurisdiction under the trade marks act, framed alter the constitution, in respect of rules framed before the constitution, it is not) disposed of by the mere enactment of article 225. but, in ..... to the said resolution and notice also contended that the said resolution and notice rerfered with his clients' fundamental rights as citizens of the indian union. in other words, the effect of the said resolution is that his clients are for all time to come prevented from carrying on their occupation .....

Calcutta Motor Cycle Co. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : AIR1953Cal1

..... and secondly they had sovereign authority. ho conceded that the east india company was liable to be sued in the courts in india as in england for acts done in their trading capacity. he also conceded that they could be sued upon a contract and referred to the decision of the bank of bengal v. the united company.13. by the imperial ..... arose entirely outside the original jurisdiction of this court. these are the admitted facts. the jurisdiction that is claimed in the plaint is founded on the allegation first that the union of india in running these railways carries on business within the meaning of clause 12 of the letters patent of this court and secondly that the office and the principal ..... observation of sir lawrence-jenkins c. j. the decision in doya narain tewari's case again came up for criticism a few years later by lort-williams j.27. in 1926 this doctrine was applied to a railway case by sir c, c. ghose j. sitting singly in baijnath kamani v. secy, of state, 43 cal. l. j. 574. the .....

Tripura Modern Bank Ltd. Vs. Bansen and Co.

Court : Kolkata

Reported in : AIR1952Cal781

..... place where the corporation carries on business. in the case of foreign companies, the place where the corporation carried on business meant the principal place of business in the indian union asiatic steam navigation co. ltd. v. tribhuwandas & co., a. i. r. 1928 sind 111.37. applying these rules to the facts and circumstances of this case, ..... of the business of the firm upon the manager or the managing partner he cannot do so at their residence (manjimal phaghunmal v. khubchand pahlumal, a. i. r. 1926 sind 208). the most important thing, however, to observe is that although an alternative mode is prescribed, namely, to serve on a partner or on a person in management ..... words have been defined in rule 2 of order 3. persons holding powers-of-attorney authorising them to act on behalf of the party, and in the case of persons not residing within the local limits and yet carrying on trade or business through an agent, are considered as the recognised agents for the purposes of service of process .....

S.B. Trading Co. Ltd. Vs. Shyamlal Ramchandra

Court : Kolkata

Reported in : AIR1951Cal539

..... be reopened, the language of the statute being 'may'. the recent decision of the court of appeal in satyendra v. s. b. trading, 55 c. w. n. 309, makes it clear. it is, therefore, contended that the d.-hs. of the same class are ..... protection to the persons who forfeited their interest as tenants under section 12 (3),, rent act of 1948. see manik lal v. s. dabiruddin, 54 c.w.n. 572 & s. b. trading v. satyendra chandra sen, 86 c. l. j. 46. as a result of ..... done by section 4 of the amending act.10. article 14 of the constitution guarantees every person equality before the law or equal protection of the laws. this article has received the authoritative interpretation from the supreme court in charanjitlal v. union of india, a. i. r. ..... act of 1948.45. the principle, how far collateral issue can be decided by a statutory tribunal of limited jurisdiction, was laid down by coleridge j. in bunbury v. fuller, (1854) 9 ex. 111 at p. 140. it was approved by atkin l. j. in rex v. lincolnshire justices, (1926 .....

Bhusan Chandra Mondal Vs. Chhabimoni Dasi and ors.

Court : Kolkata

..... two cases which had taken that view: bhuthnath jana v. tara chand jana 8 a.i.r. 1921 cal. 551 and manujendra dutt v. jnan ranjan 13 a.i.r. 1926 cal. 308. the matter was again considered by this court after the decision of the judicial committee in lachmi narain v. balmukund 11 a.i.r. 1924 p.c. 198 ..... to applications. in a mortgage suit it has been held that the application for a final decree has to be made within 3 years by reason of article 181, limitation act. but those decisions are not helpful because order 34, rule 4, civil p.c., expressly requires the mortgagee to make an application for a final decree, either for foreclosure or ..... brought on the record. they raised two other objections also, viz., (a) that the application for making the decree final was. hopelessly out of time inasmuch as article 181, limitation act, was applicable and (b) that inasmuch as defendant 1 was dead, they, his legal representatives, were not bound to render accounts in the same manner as defendant 1 and in .....