Court : Kolkata
Reported in : AIR1952Cal452
..... see for example section 13(2) of the west bengal premises rent control (temporary provisions) act, 1950. ..... the rule clearly is that the wilful disobedience to an order of a court requiring a person to do an act, other than the payment of money is a contempt: halsbury's laws of england (2nd edn. ..... to clear the grounds it may be stated at once that there is no allegation in the petition that the first opposite party had taken any part in the retaking of possession nor that the second opposite party was acting at the instance or on behalf of the first opposite party. ..... first, in order that the rule may apply there must be an order on a person to do an act and in this case there is no such order. ..... this is the act which is said to constitute the contempt.4. ..... the act of this opposite party therefore was as if he had in reality ousted the bailiff, from possession. ..... in such a case the sub-tenant automatically becomes the direct tenant of the landlord: see section 115 of the transfer of property act. ..... does is to direct the bailiff to deliver possession: it does not direct any other person to do any act. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad565; (1952)1MLJ514
..... , thequestion was about the validity of an order passed under west bengal bice mills control order, 1949. ..... he repeated his request and was informed by the director of controlled commodities in his letter dated 17th march 1950, that permission for additional looms would not be granted in view of the meagre supply position of yarn in ..... made by the secretary in exercise of the power conferred by the section was challenged on the ground that the act, itself was not valid under due process clause of the fifth amendment, besides other grounds. ..... now the cotton textile control orders were notified under section 3 (1) of act 24 of 1946 long prior to the constitution, under the influence of a different theory and from a different standpoint and it is not, therefore, a matter for surprise that some of these provisions do not fit in with the pattern ..... the preamble to the act shows that the object of the legislation was to continue the war-time control of the production, supply and distribution of essential articles for a further ..... life of this act has been extend-ed from time to time by resolutions of the legislature dated 25-2-1948, 23-3-1949 and 20-12-1949 and finally it has been extended upto 31-12-1952 by act lii of 1950. ..... ', (1950) 338 u s 604: 94 law ed 381, the validity of certain provisions in the sugar act was ..... ', (1950) 338 u s 604:94 law ed 381, an order of the secretary of agriculture allotting sugar quota among various refineries under the provisions of the sugar act of 1948 came up .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal126,56CWN750
..... in doing this the appellate court has presumably acted under clauses (e) of section 9 of the west bengal premises rent control act of 1950.we are of the opinion that this clause does apply to the circumstances of the present cases because here the whole of the premises were not let out on the 1st of december, 1941 and therefore under ..... section 32(3) of the west bengal premises rent control act of 1950 provides that the powers and procedure of the court in entertaining and hearing the appeal shall be the same as in appeals from orders under the code of civil procedure, 1908 ..... that case has no application to the facts of the present case because here the powers are to be regulated by section 31 and section 32 of the west bengal premises rent control act. ..... it cannot be said that the court in holding an inspection under the rent control act in the present case is exercising any of the powers conferred by order xxvi, rule 4 of the code of civil procedure.upon the materials on the record the appellate court has come to the conclusion that the tenancy ..... sen appearing in support of the rule has argued that under the act of 1950 the appellate judge had no jurisdiction to hold local inspection and therefore the judgment of the appellate court has been vitiated by what he saw in the course of his personal inspection of the premises in ..... section 31 of the act empowers the rent controller to authorise any officer subordinate to him to enter and inspect any premises or to hold the inspection .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad613; (1952)IMLJ557
..... without proceeding with that enquiry and without even waiting for the result of the suit, the board 'suo motu' initiated proceedings under section 62 of the earlier act on the 6th november, 1950 for framing a scheme and for that end issued a notice to the petitioner to show cause why a scheme should not be framed setting out in the notice the reasons in support of the proposed action which ..... 1817 was enacted, there is evidence that the british government claimed the power of superintendence & management of the property and affairs of the temples which was exercised through the agency of the collectors.in 1810 in the bengal presidency and in 1817 in the madras presidency, the government enacted regulations by which they assumed control of all public endowments, hindu and muhammadan, which were placed under the superintendence of the board of revenue ..... it is familiar knowledge the name of that great and erudite scholar and philosopher vidyaranyaswami is associated badrinath in the himalayas in the north jagannath or modern puri in the east and dwarka in the bombay presidency in the west in each of these mutts as their heads, he installed his principal disciples and he himself assumed the headship of 'sarvagna peeta' or the central seat of knowledge at kanchi, the modern conjeevaram ..... religions involve the idea of sacrifice and the practice of sacrifice has assumed the form of human sacrifice or animal sacrifice as appears in the old testament, and in many other sacred writings and traditions .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All963
..... the fact that nathu ram yadav had participated as a panch was not brought to the attention of the learned sub-divisional magistrate and that is how he came to dismiss the revision filed by him (the applicant) on 22-7-1950.what was done was to urge before the sub-divisional magistrate that one chhattrasal who was a panch had sat on the bench and that he could not legally sit on it as he had appeared as a prosecution witness. ..... judges had a case in which the lower appellate court had set aside a sale in execution of a decree upon a ground not provided by law, and the auction purchaser applied to the high court under section 15 of the act of 1861.in refusing to interfere this court observed:'whether we consider the ordinary significance of the term namely, 'superintendence' or construe it in connection with the context, it appears to us to confer on the high court no revisional power, no power to ..... state of west bengal : air1951cal258 ; shridhar atmaram ..... . while article 226 concedes to this court vast powers of what might be called judicial review, or control by the issue of writs, directions or orders, the main objective of article 227 would, more broadly, seem to be to secure administrative supervision not easily exercisable by writs, directions or orders, over all courts or tribunals (excepting army ..... emphasis under article 227 is on administrative control and the limited judicial powers contemplated by it are intended for and merely ancillary to such administrative control .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori318
..... been there all along, with the three presidency high courts of bombay, calcutta and madras and that the judges of the high court have been vice-chancellors of universities holding controlling position in the university affairs, and further says:'curiously enough at no time, either in the past or at present, the decisions of the universities have been questioned by the ..... of their body to the office of the managing director or manager' and the word 'manager' as defined in section 2 shows that the manager means 'a person who subject to the control and direction of the directors, has the management of the whole affairs of a company and includes a director or any other person occupying the position of a manager'.these provisions are not enough to ..... provided that members of the public abstain from imputing improper motives to these taking part in the administration of justice, and are genuinely exercising a right of criticism and not acting in malice of attempting to impair the administration of justice, they are immune : justice is not a cloistered virtue; she must be allowed to suffer the scrutiny and respectful even theugh ..... editorial discusses the disadvantages of the view that the high court has the power to control the acts of the university and expresses the editor's appreciation of the action of the university in ..... state of madras', air 1950 sc 27 construing the expression ..... spoke of the article complained of as 'calculated to lower the autherity of the judge'.in 'governor op bengal v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All716
..... above arguments and in order to bring out the point at issues more clearly, the question before us may be formulated thus:'if in a transaction after the transfer of property (amendment) act, 1929 any of the conditions specified in section 58(c) of the transfer of property act (iv of 1882) is embodied in the document which effects or purports to effect the sale, does the transaction necessarily become a mortgage by conditional sale irrespective of the intention of the ..... bench, the answer to the question referred to the full bench is: that if a deed effecting or purporting to effect a saleafter the amendment in clause (c) of section 58 of the transfer of property act came into force, contains any one of the three conditions mentioned in that clause, it is in every case a deed of mortgage by conditional sale.let the answer be returned to the bench concerned. ..... this form of mortgage, commonly known as 'bai-bil-wafa' was given legal recognition in the bengal regulation i of 1798, which provided that in case of the lender refusing to receive the money on the day named the borrower was empowered to deposit the amount ..... may be read not to control the meaning of the article, ..... kishori lal' air 1950 nag 198, a learned judge of the nagpur high court held that the transaction dated the 9th of january 1942 ..... west ..... in such cases in the following words:'in this connection the well established rule of construction must be borne in mind which was thus stated by lord watson in 'west derby union v. ..... 'west .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori289; 18(1952)CLT227
..... the bribe, or that they had given the bribe, cannot be treated as corroborative evidence.the argument has been advanced that the use of previous statements of a witness for corroboration under section 157 of the evidence act, applies only to an ordinary witness, whose credibility is sought to be strengthened thereby, but not to the special class of witnesses who are termed 'accomplices' and whose evidence requires special kind of corroboration for other reasons ..... rule 23 of the cotton cloth and yarn (control) order, 1s45, is as follows :'no prosecution for the contravention of any of the provisions of this order shall be instituted without the previous sanction of the provincial government'.section 6 of the prevention of corruption act, 1947, which adopts the same language as that of section 197, cr. p. c. ..... rex', air, 1950 all 494; 'in re : vajanji kasturchand', air 1950 mad 450 and 'in re; devanugraham', air 1951. ..... to confirm the impression that there has been no prejudice it may be noticed that in the connected prosecution, which ended in acquittal, the accused filed a written statement on 4-9-1950 long before the questioning by the trial court in this case, which was on 29-8-1950. ..... 'air 1950 all 494', which seems to indicate that until investigation is completed, sanction cannot be granted.the question that arises on these contentions, is what exactly the privy council intended to convey by the use of the phrase 'the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal656,56CWN453
..... body of persons' (first) 'having legal authority' (secondly) 'to determine questions affecting the rights of subjects, and' (thirdly) 'having the duty to act judicially' (fourthly) 'act in excess of their 'legal authority' - (the sub-divisions are my own) - 'they are subject to the controlling jurisdiction of the king's bench division exercised in these writs'.100. ..... it was submitted to the learned trial judge that as the petitioner had agreed by his letter dated 8th march, 1950, to accept the result of the chemical test carried out by the customs authorities, it was not open to him to make a grievance if the copy ..... stated earlier, the learned solicitor general relied upon a letter written by the assistant collector of customs on march 16, 1950 calling upon the respondents to submit all correspondence and documents connected with the import of this oil and all evidence corroborating ..... it is to be observed that a copy of this certificate was not sent to the respondents but on september 22, 1950 the customs authorities wrote to the respondents informing them that the oil in question had been finally decided to be assessable under item 27(3) of the indian customs tariff as ..... event the respondents had been heard because by a letter of march 16, 1950 they had been asked to submit all correspondence and documents connected. ..... of this analyst's certificate was sent to the respondents, but on july 25, 1950 it appears that the chief chemist of the central revenues granted a certificate with .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal857
..... majumdar cannot be accepted.it may be further pointed out that in the present case the petitioner has, acquiesced in the proceeding for acquisition taken under the west bengal act of 1914 in the sense that he has filed a petition under section 18, land acquisition act, by way of an objection to the award made by the collector giving him a certain amount by way of compensation for the land which is the subject- ..... case, however, the proposed acquisition is not for the benefit of any particular individual, but it is for a large number of refugees who have come over to the province of west bengal and want to settle here ; in other words, the acquisition is in the interest of the community. ..... is that the petitioner himself being a refugee from east pakistan, the acquisition proceeding taken in respect of the petitioner's land for the settlement of the immigrants who have migrated into the province of west bengal on account of circumstances beyond their control is not an acquisition for a public purpose and, therefore, the whole proceeding should be declared invalid. mr. ..... this notification was dated 19th december 1949, and was published in the calcutta gazette, dated 22nd december 1949.on 18th february 1950, the petitioner in the present proceeding submitted a petition of objection to the deputy commissioner of darjeeling and therein prayed for exemption of the land of the petitioner from the proposed ..... referred to above, reported in 1950 section c. e. ..... advani, reported in 1950 s. c. r .....
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