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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Year: 1941 Page 1 of about 243 results (0.312 seconds)

Apr 22 1941 (PC)

N.N. Bose Vs. Manager, Kedar Nath Jute Manufacturing Co. Ltd.

Court : Kolkata

Decided on : Apr-22-1941

Reported in : AIR1941Cal550

..... about 20th august 1939; these proceedings were begun on 2nd november 1939 and therefore within the three months which is set as the limitation time for prosecution under section 534, calcutta municipal act, as applied to howrah. the learned magistrate who tried the matter in the first instance was clearly wrong. the municipality then made an application to the district magistrate under ..... the obstruction or to discuss the matter, whereupon on 2nd november 1939, the howrah municipality, through their surveyor, filed a complaint before the assistant magistrate under section 488/300, calcutta municipal act, as applying to howrah, in respect of the failure of the kedar nath jute company to comply with the requisition contained in a notice to the kedar nath jute company ..... nath jute . of which mr. babulal rajghoria is the managing director. on 22nd february 1939, the municipality gave a written notice to mr. babulal rajghoria pursuant to section 300, calcutta municipal act, as applied to howrah which i have quoted above, requiring mr. babulal rajghoria to remove a wall alleged to have been built across dhurrumtollah road or lane within 15 days ..... not be immediately desirable to start prosecution. the offence is not the encroachment but the refusal to obey a legal notice. this may be brought to the notice of the police magistrate for future reference.12. then he went on:as regards the present case it is not of sufficient public importance to send up to the high court. the municipality .....

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Sep 12 1941 (PC)

In Re: Ganapathi Sa and ors.

Court : Chennai

Decided on : Sep-12-1941

Reported in : AIR1942Mad354; (1942)1MLJ357

..... found guilty under sections 37 (2) and 45 of the madras city police act and others under section 45 of the same act.2. no. 33, mint street, having been searched on a warrant properly issued under section 42 of the madras city police act, the finding of the betting slips and money obviously connected with gaming ..... is itself evidence under section 43 of the act that that house was used as a common gaming house and that the persons found therein, the ..... paper and pencil and boards and betting slips before them, making calculations with regard to bets laid on a race that had been run that day at calcutta; and before the accused was found a bag of money containing rs. 1,290-13-8. the betting slips were for a sum of money exceeding ..... judgment. in view of the nature of the information laid by the police and the evidence in the case, i do not think that the fourteenth accused has been prejudiced by his attention not having been drawn specifically to ..... this is however a summons case and it is not illegal to convict an accused of an offence not specified in the charge sheet laid by the police, provided of course the accused is not prejudiced by the consideration of some charge of which he knew nothing until the magistrate came to write his .....

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Jul 17 1941 (PC)

The Canara Industrial and Banking Syndicate Co. Ltd. Vs. Narayan Venka ...

Court : Mumbai

Decided on : Jul-17-1941

Reported in : (1941)43BOMLR916

..... does not claim the sum of rs. 4,625 as formulated in the plaint. it is, therefore, not necessary to decide issues nos. 4 and 5. under the negotiable instruments act the plaintiffs are entitled to recover the amount of the bills with interest at six per cent, from their respective due dates.8. out of the eight new bills drawn ..... of exchange, whether they were accepted and honoured or not, defendant no. 2's liability under the original five bills came to an end. section 62 of the indian contract act was relied upon in this connection. the question whether the liability under the original five bills was extinguished is a question of fact. in this case the only evidence about ..... party enters into a contract he has got to set out the terms of the obligations of the parties. the liability of an acceptor is governed by the negotiable instruments act. in order to give rise to that liability the plaintiffs must prove that a negotiable instrument drawn on the drawee in favour of the payee was presented to the drawee ..... liability arose at calicut. in my opinion this argument overlooks the fact that this is not a simple contract governed by the indian contract act, but the rights of the parties are governed by the negotiable instruments act. the form of this proposal, the exact words thereof and the fact that it was drawn on defendant no. 2 are all essential things .....

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Nov 03 1941 (PC)

Rashid Allidina Vs. Jiwandas Khemji and anr.

Court : Kolkata

Decided on : Nov-03-1941

Reported in : AIR1943Cal35

..... be allowed to be made it would make a portion of the petitioner's premises unhealthy and insanitary, that substructure would be against the sections and rules of the calcutta municipal act, that the petitioner was anxious to avoid an invasion of the rights of easement of his premises and that the proposed structures would lead to obstruction, annoyance or danger ..... thereupon vested in the government free from all encumbrances and easements. after this acquisition, the possession of the land was given to the calcutta improvement trust in this condition and by the said acquisition under the land acquisition act all easements, if any, of the premises no. 17 ezra street over the acquired land were totally extinguished. the opposite party had ..... these premises lie the premises no. 16, ezra street which along with several other plots were acquired under the land acquisition act for the calcutta improvement trust, as per notification no. 16268 l.a., dated 28th november 1936 published in the calcutta gazette on 3rd december 1936. on 18th august 1941, the present petitioner made a petition to the chief presidency magistrate ..... only contracted to purchase the said land free from all encumbrances and easements from the calcutta improvement trust.3. on this the present petitioner filed a further .....

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Jul 31 1941 (PC)

Narikkal Chathan of Muthuvannacha Amsom and Desom Vs. Veethiyottillath ...

Court : Chennai

Decided on : Jul-31-1941

Reported in : AIR1942Mad242; (1941)2MLJ455

..... of the premises in suit, namely his wife's health, was not the real reason. we do not regard that decision as being really applicable. the calcutta rent act was a measure designed to prevent profiteering in houses, the war of 1914-18 having resulted in a shortage of residential accommodation. the measure was merely intended ..... the object of creating permanent tenancies but the circumstances are in no way analogous and we are unable to read the malabar tenancy act in the same way as the calcutta rent act was read in the case just referred to.5. the same question arose in this court in the case, eerayi achuthan v. poochakkandi panakat khatheeja ..... court reported in rekhabchand doogar v. j.r. d'cruz 26 c.w.n. 499 on the interpretation of a similar clause in the calcutta rent act and lays stress upon that element in the meaning of the word 'requires' which involves need or necessity. he holds that it is not enough ..... thus:i do not think it is enough that a plaintiff in order to defeat a plea under the calcutta rent act should merely say that he desires the premises bona fide for his occupation. the word in the act is not 'desires' but 'requires'. this in my opinion involved something more than a mere wish and ..... the observations of buckland, j., in rekhabchand doogar v. j.r.d'cruz 26 c.w.n. 499 a decision on section 11 of the calcutta rent act. the said section so far as it is relevant for the present discussion runs thus:notwithstanding anything contained in the transfer of property .....

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Jul 18 1941 (PC)

In Re: Bengal Electric Lamp Works Ltd.

Court : Kolkata

Decided on : Jul-18-1941

Reported in : AIR1942Cal516

..... respect of those calls were bad and ultra vires for similar reasons. though article 106 provides that 'a resolution in writing signed by all the directors present in calcutta shall be as valid and effectual as if it had been passed at a meeting of the directors duly called and constituted,' there is no evidence of any ..... a notice which they have done, to state whether a day has been appointed for the payment of the call. now, it is quite clear that the act of parliament does not require the day for the call to be named in the same resolution as the one by which the call is made. you may ..... article 106. in johnson v. lyttle's iron agency (1877) 5 ch. d. 687, the company was governed by the regulations of table a in the companies act, 1862, the directors made a call and gave verbal instructions to the secretary to make it payable on 16th december and the secretary sent a circular notice to the ..... uses the word 'appoint.' that is to say, it is necessary for the directors to appoint a time or place either by public advertisement if allowed by the act or the articles, or by a notice to each share-holder and such appointment in the present case, can be made only by a resolution passed at a ..... it was laid down by the court of exchequer in d'arcy v. tammar, kill hill and callington ry. co. (1867) 2 ex. 158, that directors must act together as a board, and that it is not sufficient to procure the separate authority of a sufficient number of directors to constitute a quorum. 6. it is true that .....

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Apr 03 1941 (PC)

Raman Nayar and ors. Vs. Kesavan Embrandiri and ors.

Court : Chennai

Decided on : Apr-03-1941

Reported in : AIR1941Mad816

..... thus:i do not think it is enough that a plaintiff in order to defeat a plea under the calcutta rent act should merely say that he desires the premises bona fide for his occupation. the word in the act is not 'desires' but 'requires.' this in my opinion involves something more than a mere wish and ..... refer to the observations of buckland j. in : air1923cal223 rekhabchand doogar v. j.r. d' cruz. 1941 m 103 a decision on section 11, calcutta rent act. the said section so far as it is relevant for the present discussion runs thus:notwithstanding anything contained in the transfer of property ..... some extent at least.4. i would place the same interpretation on the words 'requires the holding bona fide' in clause (5) of section 14, malabar tenancy act. the learned district judge seems to have fallen into an error in interpreting 'requires' as meaning 'desires.' this is how he observes:it is stated by the ..... tavazhi who has a proprietary and beneficial interest therein.2. in construing this section it must be borne in mind that the object of the malabar tenancy act is to confer a right of permanent occupancy on the tenant. it is with this object that the rule has been enunciated that no suit for ..... requires the land bona fide for his cultivation is wrong because it is based on a wrong interpretation of clause (5) of section 14, malabar tenancy act. after listening to the learned counsel on both sides i am of opinion that the contention of mr. govinda menon should prevail and that the case should .....

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Mar 27 1941 (PC)

The Post Master General and Gangaram Vs. Chenmal Mayachand

Court : Mumbai

Decided on : Mar-27-1941

Reported in : (1941)43BOMLR758

..... has been recently applied by the privy council in gaekwar baroda state railway v. hafiz habib-ul haq : (1938)40bomlr811 , p.c. and by the calcutta high court in joggeshwar mahata v. jhapal santal i.l.r. (1923) cal. 234. our high court has similarly applied it to the rights created in ..... distinction could be made between a forcible attachment under section 60 of the civil procedure code and a voluntary transfer under section 6 of the transfer of property act, if both these provisions are governed by public policy.14. as a result, therefore, it must be held that the attachment of the salary as ..... enter into a compromise on similar terms with regard to the attachment of his salary. the effect of section 6(f) of the transfer of property act was not considered. with respect, the decision is, in my opinion, wrong even under section 60 of the civil procedure code. as i have shown above, ..... attach rs. 6 every month out of the salary so assigned. thus the case falls both under section 6(f) of the transfer of property act and section 60 of the civil procedure code. it is obvious that the object of both these provisions of the prohibition of voluntary as well as involuntary ..... commissioners. they informed the court that the wages of the judgment-debtor could not be attached as he was a seaman under the indian merchant shipping act. the judgment-debtor also applied in execution stating that his wages were not attachable. the court, however, rejected that petition holding that the salary was .....

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Aug 05 1941 (PC)

S.M. Enayatullah Saheb Vs. S.A.K. Jeelani Saheb and anr.

Court : Chennai

Decided on : Aug-05-1941

Reported in : AIR1942Mad136; (1941)2MLJ740

..... paid to the official trustee of madras; and that is by reason of section 6 of the married women's property act. if, on the other hand, the policy was effected in calcutta, it having been effected in 1919, that is to say, before 1923, there is no trust and letters of ..... regard to the interpretation placed on section 6 in balamba v. krishnayya : air1914mad595 , all policies effected after 1913 should be governed by the act though the act was passed in april, 1923. but the proviso cannot be construed as a declaratory enactment declaring what the previous law was and therefore from ..... or in any other part of british india after the 1st day of april, 1923.4. after this amending act came into force, the question of the applicability of the act to life polices effected before 1913 came up for consideration in our high court and it was contended before venkatasubba rao and madhavan ..... any oral evidence and contented themselves with filing certain documents. the learned city civil judge came to the conclusion that the married women's property act applied to the policies in question, that there was a family arrangement by which the parties surrendered their rights in favour of the plaintiff and ..... nair, jj., who were dealing with the matter that the amendment of section 6 introduced by the amending act of 1923 clearly implied that .....

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Apr 29 1941 (PC)

Anil Ch. Mitra Vs. Indian Economic Insurance Co. Ltd.

Court : Kolkata

Decided on : Apr-29-1941

Reported in : AIR1941Cal579

..... them to the company's solicitor. finally on 20th june 1940 the defendant company wrote saying that the amount of the claim payable under the policy was paid to the calcutta national bank ltd., in execution of the decree in suit no. 1666 of 1939 under order of court dated 6th march 1940. and on 4th december the solicitor to the ..... that he was entitled to realise the moneys due under the policy and requesting the defendant company not to pay the money to anybody else. on 1st february 1940 the calcutta national bank in suit no. 1666 of 1939 applied for attachment of the moneys due or to become due under the policy of insurance, and this was served on the ..... chunder mitter for money due on a hundi. on the 11th of the same month he died. on the 16th a suit, no. 1666 of 1939, was filed by the calcutta national bank ltd., against the heirs of the deceased man for rs. 22,500, and on the 30th suit no. 1555 of 1939 was amended by substituting the heirs and ..... of the estate and collect the rents, issues and profits thereof, and that the tenants and occupiers should attorn to him.2. in section 3 sub-section (34), general clauses act, 1897, 'moveable property' is defined as meaning 'property of every description except immovable property.' on 31st january 1940 the plaintiff wrote to the defendant company informing them of his appointment .....

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