Court : Kolkata
Decided on : Jul-07-1950
Reported in : AIR1950Cal543,54CWN823
..... is necessary to make the following order : * * * *that the said person shall not remain in any place lying in the jurisdiction of the town of calcutta as defined in section 3, calcutta police act, 1866 (bengal act iv  of 1866) and also its suburbs as defined...-..and if he is in any such area at the time of the service of this order, he shall leave ..... was in calcutta on 7th april 1950 was accepted and it has not been challenged. 3. the petitioner filed ..... bose lane, calcutta on 7th april 1950 and accordingly it was alleged that he had contravened the order externing him from the city of calcutta. the order appears to have been signed by the commissioner of police and the service of the order was duly proved. the evidence that the petitioner ..... petitioner was served with an externment order under section 21 (1) (a), west bengal security act, 1950 forbidding him to remain within the town of calcutta. the order was served on him on 5th april 1950 and he was given 24 hours' time to leave the calcutta area. according to the prosecution the petitioner was found at his residence at 5/1 kashinath .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-10-1950
Reported in : AIR1950Cal423,54CWN480
..... . l. j. 1533) the matter for decision was whether the corporation was bound to hear the opposite party before applying to the magistrate in a proceeding under section 363, calcutta. municipal act. in that case the advocate general also specifically took the point that the court had no power in any view to interfere in revision with the order of the magistrate ..... . (37) 1950 cal. 421), chunder and guha jj. have held specifically that this court has power to revise ante order passed by a municipal magistrate under s. 421 of the calcutta municipal act. in a previous case there was a difference of opinion with regard to the very same section between mookerjee and das gupta jj. abdulla hasoon & co. v. corporation of ..... that would have been followed would have been a prosecution on the complaint of the superintendent of the contractors for selling him adulterated oil under the appropriate provisions of the calcutta municipal act. personally i think it is unfortunate that in any case this procedure was not followed in the first place. the result has been very anomalous. the proceedings were brought ..... orderroxburgh, j.1. these are three rules against orders passed by the municipal magistrate under section 421, calcutta municipal act. they relate to a large quantity of mustard oil which the superintendent of police, 24 parganas, purchased from different contractors and had for sale to the numbers of police force under him in a ration shop. the only reason that there are three separate cases .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-20-1950
Reported in : 1951CriLJ661
..... held in authorities, which are cited in both the commentaries of monir and sarkar on section 25, evidence act, that the expression 'police officer' in section 25, evidence act, is not used in the technical and restricted sense in which it is used in section 1, police act, but is used in a popular and more comprehensive signification. it would seem the position of a ..... cal. 580: 35 cr. l.j. 1071 f.b.) that an excise officer is to be treated as a police officer for the purposes of section 25, evidenoe act. it was observed in the calcutta decision that the legislature in using the term 'police officer' in section 25 did not intend to exclude from its meaning excise officers exercising powers of detection and investigation ..... ward rationing officer in a case of this kind is analogous to that of an excise officer carrying out a raid on suspected premises, and it has been held by full benches of the bombay & calcutta high courts in nanoo ..... case did not mention that the import took place before or after the relevant date, is on no different footing from a confession made to a police officer, and is inadmissible under section 25, evidence act, and without; this piece of evidence the charge against the accused collapses. it may be that he might have been convicted of some other offence regarding .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-25-1950
Reported in : AIR1950Cal255,54CWN491
..... at that time a resident within the jurisdiction of that court and was serving as an inspector under the calcutta police. the opposite party having opted for pakistan as from after 15th august 1947, he is now stated to be acting as an inspector of police at dacca. the decree of the alipore court was put into execution in that court. the decree-holder ..... civil courts came up for consideration. even a court which was situated at khasgar which was admittedly a foreign territory, but where a court had been established under foreign jurisdiction act, 1890, by his majesty in council was not even considered to be within the category of courts established by the governor-general in council. a court situated in british india .....Tag this Judgment!
Court : Orissa
Decided on : Aug-16-1950
Reported in : AIR1951Ori51
..... of a public park known as the parshottem das park in allahabad cannot be said to be a thoroughfare within the meaning of schedule 0, police act. the present case is weaker for the prosecution than that allahabad case where the public nature of the park was beyond doubt. here the ..... prove that it was held actually on a thoroughfare the petitioners can claim the right of acquittal.6. if statutes enacted after the passing of the police act are carefully scrutinised it seems clear that the legislature was fully aware of the difference between a 'public place' on the one hand and a ' ..... on the meager evidence led by the prosecution it cannot be said that the petitioners either disobeyed the order of the superintendent of police issued under section 30, police act, or else that they had the common object of disobeying such an order.5. it appears that this point was taken up ..... object of the unlawful assembly was specified as follows: 'the common object of which was to resist the execution of the orders under section 30, police act.' it was therefore the duty of the prosecution to prove beyond reasonable doubt the aforesaid common object of the assembly. that is to say, the ..... foot of a hill in village roulpalli in ganjam district with the common object of disobeying a notice issued by the district superintendent of police under section 30, police act, requiring the obtaining of a licence as a condition precedent to the holding of meetings and assemblies on public roads and thoroughfares. while .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-13-1950
Reported in : AIR1951Cal424,55CWN101
..... should not be served on the latter to refrain from giving effect to the order of externment issued on the 6th september externing the petnr. from the town of calcutta & the districts of hooghly, howrah & 24 parganas.2. the petnr.'s case is that he has been domiciled in bengal since 1919. he has got ..... . on 9-5-1950 an order for externment was served upon him under section 21 (1), west bengal security act, 1950, externing him from the districts of hooghly, howrah 24 parganas & the town of calcutta. in obedience to the order of externment he kept himself away from the places mentioned in the notice for the ..... to his home. a fresh notice was served upon him immediately on 9-9-1950 requiring him to keep himself out of the town of calcutta & the three dists. previously mentioned. in this notice it is said :'that the governor is satisfied that the said under mentioned person is likely to do ..... will not govern or control the meaning of that word in india or in west bengal. for interpreting the word communal as in the west bengal security act, 1950, we have to bear in mind the sense in which the word is used not only in common parlance but in responsible quarters & in the ..... subversive act namely an act likely to endanger communal harmony that is harmony in jagatdal-area between bengalee hindus on the one hand and non-bengalees both hindus & moslems on .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-04-1950
Reported in : AIR1951SC23; 19ITR132(SC); 2SCR1
..... indicate briefly the reasons that have weighed with me in coming to a conclusion different from that arrived at by the learned judges of the calcutta high court. 64. all the material facts in relation to this case have been set out with elaborate fullness in the judgment of the ..... , 1945, the suit was transferred to the court of the subordinate judge at alipore in the district of 24 parganas, by an order of the calcutta high court. while the suit was still pending, the new province of east bengal, which forms part of the territories of the dominion of pakistan, ..... the creation of certain new provinces and the transfer of certain territories from the provinces of assam to the province of east bengal by the indian independence act, 1947, - (1) all proceedings pending immediately before the appointed day in any civil or criminal court (other than a high court) in the ..... by the appellant in support of his contention that the court at alipore had jurisdiction to try the suit, these being section 9 of the indian independence act, 1947, article 4 of the indian independence (legal proceedings) order, 1947, [hereinafter referred to as 'the legal proceedings order'], and section 12 of ..... legal proceedings) order, 1947, read with section 9 of the indian independence act, 1947, the court had jurisdiction to try the suit against the new province. thereupon, the respondent (the province of east bengal) moved the high court at calcutta under section 115 of the code of civil procedure, against the order .....Tag this Judgment!
Court : Chennai
Decided on : Dec-12-1950
Reported in : AIR1951Mad910a; 21CompCas224(Mad); (1951)2MLJ9
..... simla ltd. v. the amritsar bank, a. i. r. 1915 lah. 214, in re noakahh union bank ltd., 54 c. w. n 744 & in re calcutta commercial bank ltd., 54 c. w. n. 747, namely, where the bank has collected money & issued the draft or drafts in compliance with the instructions of the ..... issued by a bank the holder is a creditor & his remedy is on the draft. the rights of the holder are defined by the negotiable instruments act. it is difficult to see how the holder of the draft iflanhaveall the rights of a holder of a bill of exchanged the additional right to ..... applying for the draft orsome nominee of his, it is supported by otherrulings, provided the bank has not actually partedwith the money held by it as agent, acting oa theinstructions of the principal, thus terminatingthe relationship of principal & agent. the ruling,confined to such strict limits, cannot be said to becontrary to the other ..... mutual life association for being appointed collecting agents for such premia. the indian mutual life association had by its letter dated 11-10-1945 authorised them to act as collecting agents, on a commission of half an anna per hundred rupees, regarding many of the branches. the material portion of the letter ran ..... drawn by a bank on another bank, or by itself on its own branch, & is a negotiable instrument not offending the paper currency act or the reserve bank of india act. it is very nearly allied to a cheque, the difference between it & a cheque consisting largely in two facts. firstly, it can be .....Tag this Judgment!
Court : Chennai
Decided on : Feb-25-1950
Reported in : AIR1950Mad521
..... buyer himself. 40. the learned advocate general sought to differentiate between different types of agents according as they were brokers or commission agents, agents of principal for whom they acted statedly as agents excluding any personal right or liability, agents who in addition to the liability of their principals came under a personal obligation to implement the contracts of ..... residing outside the province and buying or selling goods in the province through agents, section 14a (1) treats such agents as 'dealers' chargeable under section 3 of the act. there is no similar provision with reference to agents of disclosed or undisclosed principals resident in the province, on whose account the agent buys or sells goods. nor is ..... thereby earned a commission and sundry other perquisites in connection with such sales and purchases. the plaintiffs had obtained licences under section 8, madras general dales tax act, 1939, hereinafter called 'the act', in respect of the commission agency carried on by them during the relevant period. the learned district judge decreed the plaintiffs' suit confirming the decision of the ..... an 'undisclosed principal' familiar under the law of contracts. 'known principal' is used in the section to emphasise that the principal on whose behalf the agent purports to act should not be a fictitious or non-existent principal so as to enable the agent to camouflage his transactions and escape taxation. the undisclosed principal is a person certainly known .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-04-1950
Reported in : 18ITR472(SC)
..... the different processes employed in producing those profits and the different places where they are employed. the learned judges disagreed with the view of the calcutta high court in re mohanpura tea co. that the profits accrue or arise only when the goods are sold and at the place where they ..... bringing out clearly the real controversy between the parties, turns upon the applicability of the third proviso to section 5 of the excess profits tax act (act xv of 1940) to the facts of the present case. the facts are not in controversy and may be shortly stated as follows :-the ..... of saskatchewan was not profit arising from the business of the appellant in saskatchewan within the meaning of section 21(a) of the income tax act, 1932, as amended, and must be excluded in ascertaining the income of the appellant liable to taxation under that section. the judicial committee in ..... hyderabad state and therefore the assessees contention must fail. in my opinion this contention is unsound. the definition of business in the excess profits tax act clearly envisages manufacture as a business by itself. it is not necessary that a manufacturer must be a trader in the commodity he manufactures. ..... tribunal and held that the assessees contention was correct. the commissioner of income-tax has come in appeal from that decision. in the excess profits tax act, section 2(5) defines 'business' as follows :-'business includes any trade, commerce or manufacture or any adventure in the nature of trade, commerce or .....Tag this Judgment!