Court : Kolkata
Decided on : Sep-12-1976
Reported in : (1977)IILLJ120Cal
..... arjun singh bhajan singh. 1929 p.c. 179, where lord atkin in delivering the judgment of the judicial committee observed:the effect of the contract act, 1872, section 74 is to disentitle the plaintiff to recover simplicitor the sum of rs. 10,000 whether as penalty or liquidated damages: the plaintiffs must prove the ..... the agreement and has stated that the claim of rs. 500 per month which represents rs. 400 paid as remuneration and rs. 100 toward free medical benefits and hostel facilitiesection such being the position, it cannot unequivocally be said that the plaintiff/respondent had neither pleaded damages sustained by it nor proved ..... our opinion no great emphasis can be laid on use of the term 'penalty' in the said clause. as a matter of fact, in clause 2 of the agreement the amount so payable is described as premium so that it is quite apparent that the parties were using these terms rather loosely. in ..... j969, passed in money suit no. 161 of 1967. this appeal has been argued on two questions of law, facts not being very much in dispute,2. the appellant was recruited as an officer trainee by the respondent-company under its first staff assistant scheme for training. he was so recruited on an ..... may be liable under any of their provisions contained in this agreement and in the bond referred to in clause 2 hereof.'3. simultaneously, (he appellant executed a bond as envisaged by clause 2 of the agreement, as aforesaid, and since it is necessary to refer to the actual terms of the bond .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-18-1976
Reported in : 1977CriLJ1492
..... and to enable him to prepare tor his defence. on account of non-examination of all the witnesses as contemplated by the proviso to sub-section (2) of s. 202, the accused has been deprived of the statutory right to get adequate information about the charge against him and to prepare his ..... condition precedent to the issue of process. this raises the question whether the learned magistrate has complied with the provisions of section 202 cr. p. c. the proviso to sub-section (2) of section 202 cr. p. c. enjoins that a magistrate who has taken cognizance of an offence triable exclusively by a ..... : 1969crilj4 that the old sub-section (2) had not the effect of limiting sub-section (1) and it does not mean that until a successor is determined under sub-section (2) there is no succession for the purpose of sub-section (1) are quite applicable with section 35 of the new act. there is no bar on the ..... part of a sub-divisional judicial magistrate by virtue of section 35(1) cr. p. c. to transfer ..... inquiry has been abolished, a special procedure has been provided in section 202 cr. p. c. which serves the purpose of preliminary inquiry as was contemplated by the old act. the examination of the witnesses as contemplated by the proviso to section 202(2) must be done before process is issued. in the petition .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-09-1976
Reported in : AIR1976Cal164
..... (1) of article 213 of the constitution of india, to make and promulgate the following ordinance, namely:-- 1. short title.-- this ordinance may be called the gangasagar mela ordinance, 1975. 2. definitions.-- in this ordinance, unless the context otherwise requires,- (a) 'gangasagar mela' means the fair held at the sagar islands in the district of 24-parganas on the occasion of the ..... take such measures for safeguarding the health, safety and welfare of the pilgrims as the state government thinks necessary. (3) the details of the measures to be taken under sub-section (2) and the manner in which they shall be executed shall be laid down by the state government by rules made in this behalf. (4) an order made under sub ..... sagar islands on the occasion of the gangasagar mela, the health, safety and welfare of these pilgrims are likely to be endangered. under sub-section (2) of section 3 the state government is authorised, after publication of a notification under sub-section (1), to take such measures for safeguarding the health, safety and welfare of the pilgrims as the state government thinks necessary. sub ..... fee imposed under sub-section (1) shall be realised in such manner as may be prescribed by rules made by the state government. 5. repeal of west bengal act iv of 1953.-- the gangasagar mela act, 1963 is hereby repealed.6. power to make rules.-- (1) the state government may, by notification in the official gazette make rules for carrying out the purposes .....Tag this Judgment!
Court : Kolkata
Decided on : May-03-1976
Reported in : 120ITR476(Cal)
..... said that such structures are only seasonal structures which disintegrate in heavy rains and do not survive the annual rainy season. 16. the tribunal in any event has considered the definition of lord esher noted above and has found as a fact that these structures have a longer term of life. the tribunal has also noted the nature of materials used ..... dipak kumar sen, j. 1. at the instance of tinsukia development corporation ltd., the assessee, the tribunal has been directed by this court under section 256(2) of the i.t. act, 1961, to refer the following questions of law : ' (1) whether in view of the objects for which the assessee-company was formed and/or the activities of its predecessors-in- ..... it is shown that the building inquestion included the land on which the building is standing or alternatively the expression ' buildings or lands ' is read conjunctively as ' buildings and lands ', section 9 cannot apply in the instant case. 9. in the instant case, the assessee is admittedly not the owner of the land but only of the temporary structures built on ..... which had been put up by the assessee could not be held to be ' buildings ' within the meaning of section 9. according to him, a building has been well defined in law. what is a building must always be a question of degree and circumstances. he relied on the above meaning of the word ' building ' given in stroud's judicial dictionary, fourth .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-12-1976
Reported in : (1977)IILLJ516Cal
..... of earning capacity. in other words, the finding of the commissioner is based on no evidence at all. section 4(1)(c)(ii) of the workmen's compensation act, 192) provides that subject to the provisions of the act the amount of compensation shall be where permanent partial disablement results from the injury-in the case of an ..... question of a loss of earning capacity arises and the loss or diminution of such capacity must obviously be established by evidence other than the medical evidence. the utmost a medical witness can give by way of a percentage is to give the percentage of the lots of the normal physical capacity or power. the loss ..... of work he had been accustomed to do and that physically he is still in a position to perform the same kind of work with an equal degree of efficiency arid yet it may be that because of the visible disfigurement, he is refused employment by every one so that his labour has become ..... the loss of a limb, the capacity of the affected workman to do the kind of work he was accustomed to do has not in the slightest degree been affected, nor has any difficulty arising in the way of his getting employment of the usual kind by reason of the injury. in such a case ..... . bhattacharya was examined. he had seen the patient on the 12th september, 1966. his evidence is :there is one irregular scar mark of 2 inches by 2 inches on the medical side of the left foot resulting from the skin-grafting of the lacerated injury. there is no evidence of any injury to the nerves and .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-13-1976
Reported in : 1977CriLJ863
..... framed by the high court under claule 37 of the letters patent the same will apply to article 117 of the limitation act but that decision flowed from section 29(2) of the limitation act, 1963, according to which, where special law prescribes any period of limitation in an appeal the same shall apply to ..... numerous cases to some of which our attention was drawn by mr. chowdhury, learned counsel on behalf of the state. even to go by the definition given in the civil procedure code 'order' is a formal expression of a decision of a civil court which is not a decree. individually decree itself is ..... prosecution case in detail. the unsatisfactory state of some of the entries in the general diary of the police station and the earliest records at the medical college along' with other relevant circumstances make the defence case plausible viz., that the time of occurrence might have been much earlier than 9.00 ..... stage on the 2nd trial the prosecution brought it before the court, (viii) dr. mahapatra, dr. chowdhury or the nurses or anybody else from the medical college has not identified either samir or arun being present at the emergency; (ix) while it is admitted that neither arun nor samir went upstairs yet ..... kanai dutt, s.i. of jorasanko p.s. and some officers from amherst p.s. arrived at the place of occurrence and went to the medical college hospital. the investigation was taken up by s.i., kanai dutt who recorded the statement of five eye-witnesses and some other persons. according .....Tag this Judgment!