Court : Kolkata
Decided on : Mar-13-1973
Reported in : AIR1973Cal519
..... transferred to the state of west bengal and was to remain under the control and management of the state government. i shall hereinafter refer to the provisions of sub-sections (2) and (3) of section 3 of act xvii of 1967 which provided for recognition of deeds of gifts and endowments etc. made to this institution and for continuance of its contract, debts etc ..... to be construed as if they were executed in favour of the state government (vide section 3 (2) of the act). under sub-section (3) all contracts, debts and liabilities of the institution were to be deemed to be contracts, debts and liabilities of the state government. therefore, the agreement entered ..... down' meant such qualifications as were laid down at the time of the acceptance of the gift by the petitioner no. 1. after transfer of the institution under section 3(2) of the west bengal act xii of 1967 all deeds of gift, endowment, bequest, trust or otherwise covering all properties and assets referred to in sub-clause (c) of clause (1) were ..... into between the petitioner and the calcutta national medical institute and embodied in the letter dated the 6th august, 1964 on and from the appointed day shall be deemed to .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-04-1973
Reported in : AIR1973Cal545,78CWN36
..... pp. 282-283, it was held amongst other things following the principle laid down in danial mcnaughten's case that the medical science might have a long category of various degrees of abnormality considered to be insanity but that is not the legal view. 'the law has set up a very high standard ..... at the time of marriage. for, question often may and in absence of statutory meaning given under the act as to what is lunacy or who is a lunatic person. in absence of any such definition, the word 'lunacy' must be taken in its ordinary significance i.e. a person suffering from unsoundness ..... that apparently they could not detect anything unnatural but from certain behaviour they suspected something wrong but at the same time witness no. 2 suggested to the appellant for medical treatment to which the appellant did not respond excepting saying that he suspected her to be a lunatic. it may be taken ..... a lunatic from long before the marriage and she was not cured by treatment. 4. it is also alleged that the father, the respondent no. 2. concealed the lunacy of the first respondent at the time of negotiation of marriage and obtained the appellant's consent by such fraudulent concealment and false ..... of his marriage with respondent no. 1, the wife, as nullity and for consequential reliefs, preferred in this court briefly, in the following circumstances : 2. shortly put, the petitioner's case is that on the negotiations of the appellant's uncle and other relations and the father of the first respondent, .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-18-1973
Reported in : 47CompCas689(Cal)
..... unwarranted and unknown in any principle of law. the banking companies (acquisition and transfer of undertakings) act, 1970, has not made any provision for dissolution of the united bank of india ltd. and winding up of the same. on the other hand, in the definition in section 2(f) ' existing bank ' is defined as meaning a banking company specified in column 1 of the ..... the contention that no notice was served on bangladesh shareholders, mr. nag rightly submitted that notice on custodian of enemy property was sufficient under the enemy property act, section 2(c), section 7(3), section 8(1) and section 2(i). thereafter, he dealt with the decision cited by the contesting shareholders on the question of non-service of notice on the pakistani shareholders, now bangladesh shareholders ..... first schedule being a company, the deposits of which, as shown in the return as on the last friday in june, 1969, furnished to the reserve bank under section 27 of the banking regulation act, 1949, were not less than ..... , and regulation 91 of the articles of association of the petitioner-bank and also drew my attention to buckley on the companies acts, 13th edition, page 334, wherein a decision in catesby v. burnett  2 ch 325 (ch d) has been referred. mr. chakraborty submitted that in the instant case the meeting was held on the 29th of september, 1970, under an .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-24-1973
Reported in : AIR1974Cal158
..... ' as found in the act may be read in conjunction with the definition of 'ornament' which is to be found in section 2 (p) of the act and is as follows:--' 'ornament' means a thing in a finished form, meant for personal adornment or for ..... provisions contained in section 8 (1) of the act must be that the article in question is primary gold.8. the expression 'primary gold' has been defined in section 2 (r) of the act as follows:--' 'primary gold' means gold in any unfinished or semi-finished form and includes ingots, bars, blocks, slabs, billets, shorts, pellets, rods, sheets, foils and wires.'this definition of 'primary gold ..... that i have seen them wearing.' although the expression 'unfinished ornament' occurs in a single place in paragraph (sic) the report, the report, read as a whole gives me the definite impression that. according to mr chandra, these ornaments were finished ornaments as stated in the first paragraph of the report further he is of the view, that it is an ..... are commonly used in this country and are capable of being used as 'ornaments' within the meaning of the act.19. it may be mentioned at this stage that the degree of finish in the sense of polish or shine or the degree of intricacy of a design of an ornament may be capable of an almost infinite variation. but that does not .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-27-1973
Reported in : AIR1973Cal450,77CWN711
..... held by the commission on a reference under section 22(3)(b) and centres round the true meaning of the definition clause 2 (g) which defines 'inter-connected' undertaking. these two provisions, namely sections 2(g) and 22 may for the purpose of convenience be set out as hereunder:--'2 (g) 'inter-connected undertakings' means ..... for the petitioner has very strongly criticised the view taken by the commission. according to mr. roy choudhury, different sub-clauses of section 2(g) of the said act must be read as exclusive of each other: in any event corporate bodies in order to be interconnected must satisfy the test laid down ..... co. ltd., and its directors for declaration that a notice dated september 14, 1970 and the explanatory statement annexed thereto issued under section 173(2) of the companies act, 1956 convening a general meeting and the resolution passed at such a meeting are void and inoperative. in that case the plaintiff filed ..... of shares is not always the decisive factor in determining effective control. such control can be had in many ways.'control is a matter of degree, ranging from complete legal control for all purposes over a wholly owned subsidiary to de facto control, except in the event of a major ..... been strongly relied on by mr. roy chowdhury as the ratio in the decision. referring to section 2(g)(iii)(d) he observed,'it is true that clause (d) of section 2(g)(iii) of the act merely provides 'if one exercises control over the other in any other manner'. it is also .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-28-1973
Reported in : AIR1973Cal460
..... execution and attestation of the will. 10. mr. mitter has however, contended that execution of the will was not denied. he has referred to the definition of 'execution' as contained in section 2(h) of the indian succession act and contended that from the evidence of the deed writer p. w. 6 and several other attesting witnesses execution of the will by the lady ..... was proved for it is said that he remained unshaken in his cross-examination and it was his definite statement that he wrote the will and the ..... first respondent but apart from this evidence certain lunacy proceedings, it is undisputed, were started at the instance of the husband of nirupama, and it appears that according to the medical report of the then civil surgeon of malda, she was of unsound mind. the matter, however, ultimately came up here and this court sent back the case again for reconsideration ..... rajeshwari debya to defeat the claims of nirupama in the properties left by the testatrix. in any case, these circumstances no doubt create grave suspicions and tend to establish high degree of probabilities justifying a reasonable conclusion that the will must have been created by the propounder in collusion with his mother sushama, byomkesh and other members of her branch and .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-21-1973
Reported in : AIR1974Cal386,78CWN962
..... (9) of the sale of goods act. it is true that no such specific question was put to the defendant in his examination on commission but ..... entered into transactions with mercantile agent as defined in that act. section 2(1) of the factors act was more or less on identical terms with the proviso to section 27 of the sale of goods art and section 178 of the con-tract act and this section deals both with sale, pledge or other disposition of ..... acts in good faith and without notice of any want of authority on the part of such, agent. where these conditions are satisfied, the seller can confer a good title on the buyer. it is not disputed that onkar & sons are regular share-dealers of a recognised stock exchange and would thus come within the definition of a mercantile agent described in section 2 ..... or authority on the part of that person. the contract must therefore be held not to have complied with the requirement of section 15(4) of the forward contracts (regulation) act 1952. such a contract, has been held by the supreme court in the case reported in : 1scr608 to be ..... and the appeal therefrom reported in (1908) i kb 221; whitehom bros v. davison. (1911) 1 kb 463; commonwealth trust v. akotey 1916 ac 72). it will however not be necessary for us to enter into or discuss these cases in view of our finding that the pledgee did not .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-06-1973
Reported in : AIR1973Cal496,77CWN760
..... principle. we deem it unnecessary to rest our judgment on any general proposition such as this. the further proposition that the provisions of section 2(15) of the stamp act cannot give life to the award is based upon a confusion of thought. this has only to be stated to be rejected. any ..... arbitrators were free to pass the award in the absence of the other one.17. the court below held that the provisions of section 2(15) of the stamp act cannot give life to the award.18. the learned subordinate judge however accepted the defence argument on the principle of law to the ..... v. clive mills co. ltd., : air1960cal180 was relied on. according to the appellant, the respondent should have come to the court under section 14(2) of the act to strike the award down but as the respondent's right is no longer alive the suit is not maintainable. the present suit though on ..... certain properties separately while the rest of the properties remained joint. as joint possession was felt inconvenient, the three brothers appointed dr. premtosh basu, a medical man of repute and two pleaders of the howrah court viz., sri manmatha ghosh and sri jiban krishna chatterjee, as arbitrators to effect partition of their ..... of fact.2. the case has a chameleon-like history. it has greatly protracted the hearing and added to the costs. in this unfortunate litigation the disputants are own brothers.the defendant no. 1 appellant is a legal practitioner in the howrah court the plaintiff respondent no. 1 is a medical man.3 .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-30-1973
Reported in : AIR1973Cal488
..... reliance was placed on the rules framed under section 2 (4) of the calcutta municipal act, 1923. reliance was placed on the rule 258 in the assessment and collection manual. the said manual was published in 1916. it appears that under the calcutta municipal act, 1951, no rules have been framed which ..... all lands and buildings in the then ward no. 53 in which all the premises of the petitioner mentioned hereinbefore were situated under section 172 (2) of the act of 1951. with effect from the 2nd quarter 1954-55, the assessor to the corporation of calcutta sought to amalgamate sixteen of ..... the entire consolidated rate from the petitioner being the owner of the premises is dependent upon the provisions of section 200 of the calcutta municipal act, 1951. section 200 of the said act is in the following terms:--'if any land or building is ordinarily occupied by more than one person holding ..... of proposed amalgamation stood cancelled and separate notices for revaluation would be issued. on the 12th of september, 1960, seventeen notices under section 180 of the act of 1951 one in respect of each of the said seventeen premises, intimating the petitioner about the increased annual valuation of the said ..... constitution in this application and obtained rule nisi from this court 2. the first point urged in support of this application was that the petitioner had not received any rate bills under section 235 of the calcutta municipal act, 1951 in respect of some of the premises for certain periods .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-11-1973
Reported in : AIR1974Cal126
..... the purpose of an alien charity. dealing with the question of the benefit of the estate it was held that it was impossible to give a precise definition of that term, but that preservation of the estate from extinction, defence against hostile litigation, the protection of the property from injury or deterioration of the ..... in 70 ind app 1--(air 1943 pc 29), there the judicial committee passed a decree for the repayment of a loan by invoking section 65 of the indian contract act, 1872 solely on the ground that it was a pure question of law. that decision of the board does not help mr. roy ..... to do whatever may be required for the service of the idol, and for the benefit and preservation of its property, at least to as great a degree ax the manager of an infant heir. if ibis were not to, the estate of the idol might be destroyed or wasted, and its worship discontinued, ..... half the shebaiti right to upendra nath was also absolutely void.117. mr. roy cited banga chandra v. jagat kishore, reported in 43 ind app 249 = (air 1916 pc 110); mangiram sitaram v. kasturbhai reported in 49 ind app 54 = (air 1922 pc 163), and iswar gopal jiew v. pratapmal bagaria, reported in : [1951 ..... relying on khetter chnnder's caw (1890) ilr 17 cal 557 (supra): mahamaya devi v. haridas halder, reported in ilr 42 cal 455 = (air 1915 cal 161 (2)), jogesh chandra ghose v. sree sree dakeswari mata reported in 45 cal wn 809 = (atr 1942 cal 26): hemanta kumar mukherjee v. prafulla kumar bhattacharjee, reported in : .....Tag this Judgment!