Court : Kolkata
Decided on : Jan-28-1958
Reported in : AIR1959Cal181,63CWN29
..... which the liquidator can sell only with the sanction of the court, thus contemplating prior sanction, while, in the english act (companies (consolidation) act, 1908 which was considered in (1921) 2 ch 164), the corresponding section 151 (2), even when read with section 151 (3), does not seem to require at least prior sanction of court in case of the liquidator's sale ..... . he has placed the above facts before the court and giving them a dispassionate find anxious consideration, we have reached the conclusion that, subject to the test of comparative advantage and disadvantage, as laid down in the explanation and subject also to the proviso--the disputed proviso,--appearing thereafter, if the same be eventually found applicable, the plaintiff ..... , insistence on this property for that purpose would not affect the genuineness or the reasonableness of that requirement. this, of course, must be subject to the test of comparative advantages and disadvantages of the contending parlies, which we shall consider immediately hereafter. mr. gupta also pointed out that the plaintiffs story of disturbance of rest by the meetings ..... * * (m) that the premises are reasonably required by the landlord for demolition or reconstruction......' 55. sub-section (2) of section 24 left a discretion to the court to refuse ejectment on consideration of comparative hardship of the parties and 'all other relevant matters.'' 56. section 25 enabled the landlord, if he had given the tenant a year's notice to quit, to get .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-22-1958
Reported in : AIR1959Cal78
..... .11. in the above connection mr. bagchi pointed out that for the purpose of ascertaining the nature and character of smyth's survey the lower appellate court entered into a correspondence with the director of land records and accepted the opinion given by the latter. mr. bagchi submitted that this practically amounted to reception of additional evidence, which was merely the ..... and that of holding no. 87 of mr. smart's survey showing therein particularly the boundary of lands covered by holdings nos. 103, 104, 105 of mr. smyth's survey corresponding to mr. smart's survey holdings nos. 140, 87, 88 and 121. (5) to report whether the land covered by holding no. 87 of smart's survey is wrongly shown ..... other directions :'(1) to go to locale. (2) to measure the surrounding lands i.e., the lands covered by holdings nos. 103, 104 and 105 of mr. smyth's plan corresponding to holdings nos. 140, 87, 88 and 121 of mr. smart's plan. (3) to relay thereon mr. smyth's plan, mr. smart's plan, mr. billon's plan and ..... is incorrect is upon the party challenging it. this presumption as well as the presumption under section 103-b of the bengal tenancy act relating to the correctness of the entries in the record-of-rights is a rebuttable one and to say that a comparatively recent record-of-rights would under all circumstances prevail over the old record would be begging the .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-19-1958
..... of the revenue needs of the railroads. evidence was introduced to show that some of utah's intrastate rates were lower than corresponding interstate rates for like distances. no showing was made, however, of the comparative costs of performing page 356 u. s. 425 such services. the second finding under attack is that the conditions incident to ..... rates with partiality for a uniform increase. rate uniformity is not necessarily the goal of federal regulation, nor can the commission's wishful thinking be substituted for substantial evidence. section 13 is not cast in terms of "assumption" or "partiality." as applied to this case, it contemplates an inquiry into intrastate rates and conditions within utah, and ..... the existence of specific factors favoring intrastate traffic in general that should not wisely be ignored. it is the solution that seems best designed to achieve the purposes of the act without interposing insurmountable obstacles to the effective regulation of the national transportation system, the responsibility for which rests, after all, predominantly with the interstate commerce commission. [ footnote ..... broadened purpose to federal regulation. "theretofore, the effort of congress had been directed mainly to the prevention of abuses; particularly those arising from excessive or discriminatory rates. the 1920 act sought to ensure also adequate transportation service." new england divisions case, 261 u. s. 184 , 261 u. s. 189 . the order sustained in the wisconsin case .....Tag this Judgment!