Court : Kolkata
Decided on : Jun-21-1977
Reported in : AIR1977Cal382
..... this application the petitioner pannalal gupta challenges an order whereby the deputy commissioner of police acting on behalf of the commissioner of police, calcutta, has refused to grant police licence under section 39 of the police act, 1866, in respect of a boarding house belonging to the petitioner and situated at 4, sudder street, calcutta. 2. in the petition the petitioner has specifically challenged the order as ..... . 4. the learned advocate appearing on behalf of the petitioner draws my attention to a decision of the supreme court in the case of kishan chand arora v. commissioner of police, calcutta reported in 0043/1960 : 3scr135 , my attention has been drawn to a portion of paragraph 5 of the judgment which runs as follows: -- 'therefore, the fact that ..... already set out above) which the commissioner has to consider in granting or refusing the licence. if he thinks that he fulfils the three conditions and the commissioner has acted unreasonably in rejecting his application he is not without a remedy; he can apply to the high court under article 226 and compel the commissioner to disclose the reasons for ..... being arbitrary and has also stated that the respondent has failed to apply his mind on the question of grant of licence of the petitioner in the application. 3. in spite of such specific challenges being thrown, the affidavit-in-opposition filed by the deputy commissioner of police .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-13-1977
Reported in : AIR1977Cal174,81CWN870
..... , learned advocate appearing on behalf of the respondents relies on a decision reported in : air1965cal148 , (krishna kali mallik v. babulal shaw). in this case it was held 'under the calcutta municipal act there is a duty to construct buildings in accordance with the terms of the statute and a duty not to construct buildings in violation of the statute. the purpose of ..... space of the original premises is no longer in existence as the original premises was divided into two parts--each forming a separate unit. there is nothing known in the calcutta municipal act as 'mother premises' and as such the back space of the original premises cannot be said to exist even after the original premises is divided into two separate parts ..... the back space of 4/1, jadu nath mitra lane. it is the case of the plaintiffs that the proposed plan was in violation of the statutory rules of the calcutta municipal act, 1951. in such circumstances, the plaintiffs brought the suit praying for a perpetual injunction against the defendant no. 1 from constructing any structure on the basis of the said ..... support of his contention mr. mukherjee refers to a decision reported in (1964) 68 cal wn 1049, (kanai lal paul v. corporation of calcutta). this case was cited by mr. mukherjee to show that in the municipal act and the building rules contained therein there is no such thing as a 'mother premises'. in thatcase prior to the partition decree, the disputed .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-29-1977
Reported in : 118ITR989(Bom)
..... ' and 'adequate consideration'. love and affection may be regarded as good consideration; but the same cannot be regarded as adequate consideration. 9. the calcutta high court had also an occasion to consider the provisions of s. 16(3) of the indian i.t. act, 1922, in the case of p. j. p. thomas v. cit : 44itr897(cal) . in this case, the ..... husband's income under the provisions of s. 16(3)(a)(iii) of the indian i.t. act, but not under the provisions of s. 17(1)(a) inasmuch as the transfer becomes irrevocable as soon as the marriage takes place. according to the calcutta high court, though the marriage may be good and valuable consideration for transfer of property to a ..... calcutta high court has taken the view that the provisions of s. 16(3)(a)(iii) of the indian i.t. act, 1922, will apply even to cases where property was transferred to a prospective wife before the marriage in consideration of the marriage which ..... is intended to take place. in that case, the calcutta high court held that where a person transfers some property to a woman 'in .....Tag this Judgment!
Court : Delhi
Decided on : Dec-22-1977
Reported in : AIR1978Delhi146; 14(1978)DLT132
..... entry in the register provides sufficient nexus. this is because the static entry in the register maintained in the registry in calcutta has, by virtue of the provisions of s. 47 of the act, a dynamic effect throughout the territory of india in that as a result of registration the person in whose favor the ..... by any high court, the cancellation of the design under s. 51-a could be made only by the high court of calcutta. (c) under the repealed s. 34 of the patents and designs act, 1911, a high court could dismiss a petition presented to it under the repealed s. 26, if in its opinion the ..... the learned single judge and before the full bench was, if, having regard to the rather unusual provisions contained in that behalf in the act, calcutta high court had exclusive jurisdiction to entertain a petition for cancellation of the registration of a design under s. 51-a of the ..... of 'high court' in 1911 when there was only one combined patent and designs office under the act, which happened to be established in calcutta. the definition of 'high court' in s. 2 (7) of the patents & designs act of 1911, as originally enacted and published in the gazette of india of march 4, 1911, part ..... the applications of the respondents for the cancellation of the appellant's registration under section 51-a of the act and that the jurisdiction for granting such a relief is only in the high court at calcutta. the pleas sought to be raised were that the relief of cancellation of registration has to be directed .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-22-1977
Reported in : 48CompCas250(Guj); (1977)GLR668
..... v. united bank of india ltd. : air1970cal513 . the view reflected in kesari devi v. dharma devi : air1962all355 has in terms been disapproved by the calcutta high court and it has been held that a nominee gets a mere right to collect the moneys. the following passage from paragraph 12 of the judgment ..... mudaliar v. indian insurance and banking corporation ltd.  27 comp cas 47 (mad), in relation to sections 38 and 39 of there insurance act. section 38(5) clearly states the effect of an assignment as that the assignee is the only person entitled to benefit under the policy and such a ..... amount are the heirs of the deceased, surendra, inasmuch as it is an admitted position that surendra died intestate. 4. section 39 of the insurance act of 1938, which concerns the question of nomination by a policy-holder, deserves to be quoted in so far as material for a proper appreciation of ..... fact that the father of the deceased, surendra (appellant-original defendant no. 1) was named as a nominee under section 39 of the insurance act was of no consequence inasmuch as the only right which it conferred on the nominee was to collect the moneys for being paid to the rightful claimants ..... exhibit 30, it was stipulated that the sum assured was payable to 'the proposer or his assigns or nominees under section 39 of the insurance act or proving executors or administrators or other legal representatives who should take out representation to his estate or limited to the moneys payable under this policy .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-15-1977
Reported in : (1977)79BOMLR372
..... that the forced sale made by the owner of such restaurant and hotel will not amount to a sale within the meaning of section 2(xiii) of the act. it is undoubtedly true, as mr. barday has pointed out, that the decision of the supreme court in food inspector, calicut v. c. gopalan, ..... that they were sub-standard and as such adulterated articles of food within the meaning of section 2(i)(1) of the prevention of food adulteration act. it was contended on behalf of the accused that those articles were not sold to non-resident visitors or to the members of the public generally ..... members of the public. repelling that contention the supreme court was pleased to hold by relying upon the definition, of the term 'sale' contained in the act that even a sale for analysis amounted to a sale under that definition. the supreme court also held as follows (p. 1730):.we are also of the ..... that the technical sale which was effected to the food inspector was not a sale within the meaning of that word under the prevention of food adulteration act. the learned trial magistrate accepted the defence, especially so when the food inspector himself had admitted in his evidence before the court that when he sought ..... , the complainant filed this complaint against the accused, charging him with the offence punishable under section 16(1)(a)(i) of the prevention of food adulteration act, 1954.3. the public analyst's report shows that the sample sent to him contained fat 2.4 per cent. and solids not-fat 8.8 per .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-29-1977
Reported in : AIR1978Cal84
..... plaintiff no. 1 to the plaintiff no. 2, a letter from the plaintiff no. 1's agent arora & shegal private ltd., to the administrative officer lal bazar police station calcutta dated march 28, 1966; the 'out-turn report' dated march 1, 1966 and the deposit import delivery challan dated march 17, 1966 were tendered as exhibits 'b ..... 1 and suit being barred against defendant no. 2.4. claim of the plaintiff not barred under section 113 (2) tout barred under section 142 of the calcutta port act, 1890, against defendant no. 2.5. none, for reasons aforesaid in answer to issues nos. 3 and 4.22. the suit is accordingly dismissed but ..... 10 of the plaint?4. is the claim of the plaintiffs against the defendant no. 2 barred under section 113 (2) and under section 142 of calcutta port act, 1890?5. to what relief, if any, are the plain-tilt's entitled?5. by consent, formal proof of the documents disclosed by the parties ..... plaintiff's cause of action did not arise until dec. 14, 1966, and as such its claim is not barred under section 142 of the calcutta port act, 1890.2. the defendant no. 1 has filed its written statement wherein it alleges that the entire cargo under the bill of lading was duly ..... the suit having been filed more than three months after such denial he submits the plaintiff's claim is barred by limitation under section 142 of the calcutta port act, 1890.17. mr. lahiri, learned advocate for the plaintiffs submits that the plaintiffs are entitled to a decree against the defendant no. 1 and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-07-1977
Reported in : AIR1978SC188; 1978CriLJ138; (1978)1SCC173; 2SCR382; 1978(10)LC30(SC)
..... of by this judgment.2. briefly the facts are as follows :a complaint was made against the accused by shri j. f. c. mc. mohan, dock manager, calcutta port commissioners, to the south port police station alleging offences under sections 120b/420/379/ 466/468/471. i.p.c. against several accused including the respondents who happened to be public servants at ..... bengal through ranajit roy, sub-inspector of police, filed a complaint before the third additional special court, calcutta) on 11-9-1970 detailing all the allegations against the accused and indicating the material facts ..... under section 4 of the west bengal criminal law amendment (special courts) act (hereinafter referred to as the act) allotting the said case for trial to the third additional special court, calcutta constituted under the provisions of the said act for trial, of the offences mentioned in the schedule to that act. there is no dispute about the particular order of allotment of the case ..... to the special court under the. said act. following the notification of april 8, 1970 the state of west .....Tag this Judgment!
Court : Chennai
Decided on : Jan-07-1977
Reported in : 1977CriLJ2040
..... prosecution has conclusively and affirmatively proved its case and brought home the guilt of the accused. consequently, the trial magistrate convicted the petitioner under section 65 of the madras city police act and sentenced him as stated supra. on appeal, the lower appellate court has confirmed the conviction and sentence. hence this petition.4. mr. t. s. arunachalam, appearing for the ..... of the belief has to be judged by all the cirmumstances appearing at that moment.11. in mamchand & company v. income-tax commr., west bengal : 76itr217(cal) , the calcutta high court has observed that the words 'reasons to believe' mean that reasons should exist and the seizing officer has to show facts which prima facie will convince the court ..... been well-explained by ramakrishnan, j., in public prosecutor v. subramaniam 1964 mlj (cri) 639, as follows :--before a person can be convicted under section 65 of the city police act, the prosecution must adduce, besides the evidence about possession, evidence from which one can reasonably believe the property to be stolen or property to be fraudulently obtained and thereafter the ..... the normal and usual course of his business.19. in the result, i hold that the prosecution has not made out the offence under section 65 of the madras city police act against the petitioner. therefore, the conclusion arrived at by the courts below is erroneous and unjustified, which necessitates interference by this court.20. accordingly, i set aside the conviction .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-04-1977
..... u. s. 344 -345. (emphasis added.) here, the society's two offices, without regard to the nature of their activities, had the advantage of the same municipal services -- fire and police protection, and the like -- as they would have had if their activities, as in sears and montgomery ward, included assistance to the mail-order operations that generated the use taxes ..... 's continuous presence in california in offices that solicit advertising for its magazine provides a sufficient nexus to justify that state's imposition upon the society of the duty to act as collector of the use tax. affirmed. the chief justice and mr. justice rehnquist took no part in the consideration or decision of this case. [ footnote 1 ] the relevant sections .....Tag this Judgment!