Court : Kolkata
Decided on : Dec-17-1953
Reported in : AIR1954Cal499,24CompCas507(Cal)
..... order for winding up.in this connection i should point out that although in their letter, dated 10-6-1950 the appellant company made a definite statement that there was already an injunction against the respondent by the high court and in the affidavit affirmed by syed mohamed hashmatullah the same ..... with the statutory notice of demand, but also to establish otherwise that the company was unable to pay its debts within the meaning of section 162(v), companies act.17. there remains the other ground upon which also the union of india relied. the ground is that the substratum of the company having ..... required for their respective purposes. it must also be said that the carriage of the proceedings before the learned judge below was slovenly to a degree on the part of both parties. they did not seem to have considered it necessary to examine what their opponent was saying, nor to apply ..... solvency which the company law recognized was commercial solvency.16. the passage in palmer is shown as based on 'company precedents' by the same author, part ii, edition 15th, pages 36 and 37. out of the decisions cited in the relevant pages of the 'precedents', mr. kar drew our attention to the decision ..... their minds to deciding what facts they had themselves to prove in order to obtain an order in their favour.2. the appellant is a public limited company which was formed for the purpose of constructing and maintaining a railway, operating between the station of bukhtiarpur .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-16-1953
Reported in : AIR1954Cal335
..... . ch. 41 (sections 1, 2, 4 and 5) 32 and 33 vict. ch. 29 (section 1) and 33 & 34 vict. ch. 59 (preamble & sections 1 and 2), and also to section 30(2), government of india act 1915 and section 175(3) of the g. i. act, 1935 and the headings of the parts and chapters in which section 30(2) and section 175(3) find ..... order of 22-12-1950 that the petitioner was placed under suspension for disobedience and insolent behaviour towards his superior officer he was not expressing a definite or final opinion but only a provisional opinion. the very facts that almost simultaneously with the making of the order of suspension the collector had directed ..... notice to show cause why certain departmental punishments should not be inflicted upon the petitioner, show that the collector cannot be said to have formed a definite opinion about the guilt of the petitioner when he passed the order of suspension on 22-12-1950. for the purpose of the investigation it was ..... order of suspension passed by the collector with effect from 21-12-1950. on 22-12-1950 the petitioner applied for leave for one month on medical advice and left for madhupur hut as the place did not suit him the petitioner returned from madhupur on or about 6-1-1951. on 11 ..... good health and as he was suffering from nervous shock and disorder he had to take leave on medical grounds from 26-7-1950 to 3-10-1950 and although he applied for further leave on medical ground, the same was not granted and so he was compelled to join office from 4-10-1950 .....Tag this Judgment!
Court : Kolkata
Decided on : May-18-1953
Reported in : AIR1954Cal35,23CompCas414(Cal),57CWN726,24ITR425(Cal)
..... 3,21,929/-brought forward from the preceding year against the interest on securities of the present assessment year. that he could do only under section 24 (2) of the act, but that section, as recently interpreted by the supreme court in -- 'anglo-french textile co., ltd. v. commissioner of income-tax, madras' air 1953 ..... because it had a business loss of rs. 3,21,929/- carried forward from the previous year and by reason of the provisions of section 24(2) of the act, that loss could be set off only against 'the profits or gains of the same business' for any subsequent year. business loss carried ..... and sale, including the interest on securities, should be treated as business profits. that contention was repelled and thelearned judges observed as follows :'section 8 of the act which deals with interest on securities is a separate and distincthead, and if an income is chargeable underthat head, it is not open ..... on his consols he has to suffer deduction of tax, and it seems to me to follow from the -- 'clerical, medical and general life assurance society case' (1883-90) 2 tax cas 437 (k) that a banker could never ask to be repaid the tax which had been deducted from the government ..... section 6, no option is allowed by the indian act. the true position, where the competition is between two schedules, was explained by lord atkin in the case of -- '(1930) ac 432' (f) in the following words: 'believing, as i do, that the specific schedules a, b, c and e, and the rules thereunder contain definite .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-14-1953
Reported in : AIR1954Cal193
..... arrange examinations and to publish the results. it is the governing body which appoints examiners and frames rules for the conduct of the examination. under section 6, rule 1 the governing body has to consider the report of the examiners and the recommendations of the board of studies before admitting any ..... bengal appeared in the said examination of the june term held in the burdwan centre. under the rules and regulations framed for the conduct of these medical examinations, the examinations at the different centres are conducted under the supervision of a presiding officer, assisted by an inspector, convenor and invigilators. so ..... of this rule, the petitioner got a chance to appear in the anatomy paper in the june term of 1951. in april, 1951, the medical school where the petitioner was prosecuting his studies held a test examination and the petitioner stood first in anatomy. thereafter the petitioner appeared at the june ..... board of education will have to ascertain the law and also to ascertain the facts. i need not add that in doing either they must act in good faith and fairly listen to both sides, for that is a duty lying upon every one who decides anything. but i do not ..... .1. the facts of this case are shortly as follows:2. the petitioner is a matriculate of the university of calcutta. in 1947, he got himself admitted into the chittagong medical school in eastern pakistan for the purpose of obtaining a l. m. p. degree. in 1948, he passed the primary examination. in february .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-18-1953
Reported in : AIR1954Cal138
..... means such as massage,electrotherapy, hydrotherapy remedial gymnastices or the like.'8. the institution in question is stated to be a 'physical therapy establishment.' under section 3 of the act, no person is allowed to keep or carry on a clinical establishment without being registered in respect thereof and except under and in accordance with the terms ..... i therefore do not see why the government cannot prescribe the qualifications necessary for running a physical therapy establishment or working therein, physical therapeutics is a branch of medical science. to practise it, requires specialised knowledge, technical training and proper equipment. the state cannot allow unqualified or inexperienced men to play with the life and limbs ..... subject matter of this application.4. the institution, being a physical therapy establishment, comes within the definition 'of a 'clinical establishment' as defined by 'the west bengal clinical establishments act, 1950' (west bengal act lvi of 1950) (hereinafter referred to as 'the act') and is governed by its provisions, as well as by the rules framed thereunder. such institutions ..... fulfilled the following conditions :'(i) it was under the direct supervision of a properly qualified expert on the particular kind of treatment given in the establishment. (ii) save as hereinbefore provided the employees of the establishment and the person or persons giving the actual treatment shall have the proper qualifications from institutions approved by the .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-09-1953
Reported in : AIR1954Cal141,58CWN295
..... be found in the wordings of rule 6, and the syndicate cannot be permitted to vary or alter it or ignore it.12. mr. chaudhury definitely concedes that the word 'subject' in rule 6 refers to the subject of 'chemistry' and not to the theoretical or practical paper in it that ..... for the syndicate to vary or alter any of the regulations. the senate has been constituted by the act of incorporation act ii of 1857 (iii). the indian universities act viii of 1904, lays down by section 4(3) that the body corporate shall be the senate of the university, and all powers conferred ..... be declared as having passed the b.sc. examination. the relevant rules bearing on the subject are as follows. the regulations relating to the degree of the bachelor of science are to be found in chapter xxxvi of the calcutta university regulations (1951 edn.). under rule 6, every candidate shall ..... can by resolution deal with such matters. but such resolutions cannot override the regulations on a point completely covered by it. under the calcutta universities act 1951, also, the senate has been declared to be the 'supreme governing body of the university'. the syndicate is the administrative body. new rules ..... 12 of the regulations, the syndicate has been given powers to '... ..generally conduct the affairs of the university in accordance with the act of incorporation and the indian universities act, the regulations, and the resolutions of the senate and the syndicate'. under rule 13, the syndicate may from time to time .....Tag this Judgment!