Court : Kolkata
Decided on : Apr-27-1953
Reported in : AIR1954Cal305,57CWN962
..... , there was a minor defence too which required consideration at the hands of the jury for what it was worth. that defence was that the criminal acts of the first appellant were of a lesser degree of seriousness than alleged.i do not propose to discuss the essentials of a proper charge to the jury, for to do so in an appeal ..... about the medical aspect of the case. i also agree that it would have been better if the learned judge had put in a word of caution to the jury. but i do not think any prejudice was caused by the learned judge's omission to do so, as the jury perhaps had not the faintest notion of section 342(2) of the ..... could be ordered under that section in an appeal under s. 411a, because there was no court of competent jurisdiction subordinate to the appellate court, a retrial by which could be ordered. in support of his argument mr. banerjee referred to the decision in -- 'jnanendra nath v. nilmony dey' : air1939cal701 and -- 'debendra nath das v. bibudhendra' air 1916 cal 973 (x) where ..... it was held that a judge of the high court, sitting singly, was not subordinate to the appellate division or an appellate bench of the high court, those decisions are, to my mind, entirely beside the point, because what section 423 (1) clearly contemplates is a court which is .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-11-1953
Reported in : AIR1953Cal471,58CWN271
..... entitled to presume the due execution and attestation of a, will such as the present one is, under section 90, evidence act. the will bears the date 18-2-1920. it was registered on 10-3-1920. the testator died on 11-7-1921. the will was tendered for proof on ..... of the will. the evidence of these witnesses merely shows that the testator signed the will and that they attested the will. it has not been definitely stated by them that they signed in the presence of the testator. on this submission, a question of law arises, namely, whether the court is ..... present applicants, are not entitled to obtain a grant. it is not disputed that if shyamacharan was a residuary legatee, then under the terms of section 233, succession act, the present applicants would have locus standi to apply for the grant of letters of administration with a copy of the will annexed. the question ..... and the signature shows that he was practically (illiterate. all these facts, therefore, do not rebut the presumption which the court may draw under section 90, evidence act. the will was a registered one and was more than 30 years old and in the facts and circumstances of this case the court should ..... act. some support for this view may be found in a decision of this court in the case of 'shyam lal ghosh v. rames wari bosu', air 1916 cal 938 (a). in a later decision of this court in the case of -- 'gobinda chandra pal v. pulin behary' : air1927cal102 , the view expressed in the above case of 'air 1916 .....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 : 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 : Mar-30-1953
Reported in : AIR1954Cal6
..... client is not a decree for the payment of money within the meaning of s. 73, civil p. c. in aid of this argument the definition of a decree in section 2, civil p. c. is invoked.9. rule 43 of ch. 38 of the original side rules of this court provides that'an attorney, where ..... on the view that an order under section 34, guardians & wards act directing a guardian to pay money out of his ward's estate for the marriage expenses of a person dependent on the ward was neither ..... has been contended before me on the authority in -- 'parvathammal v. chokkalinga'. reported in air 1918 mad 389 (d), that an order under section 34, guardians and wards act has been held to be not an order under the civil procedure code. i am not impressed by the argument for this reason that the madras authority proceeds ..... of the original side rules is not such a statutory provision. my attention is also drawn to the wide terms of the language used in section 199, indian companies act which it is said is different from the language of rule 48 of ch. 38.11. some reference to the rule-making power of the ..... code and cannot be enforced against the ward after he had attained majority and guardian had been discharged. besides there is nothing in the guardians & wards act comparable to rule 48 of chap. 38 of the original side rules which i have to consider in the present case.15. the question can be examined .....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 : May-21-1953
Reported in : AIR1953Cal676
..... to be this:the authority of an executing court to allow an amendment of a pending execution petition in appropriate cases under its inherent powers under section 151 of the code is now too well established to be questioned. such authority to amend exists apart from and in addition, to the express ..... mt. asarfi kuer', air 1946 pat 216 (z1) but also cases where the decrees were not made on consent: vide -- 'brajasunder peb v. sarat kumari', air 1916 pat 252 (z2) and--'sowbagia ammal v. manika mudali', air 1918 mad 668 (z3) where different consideration might have arisen, as hinted before. even more extreme instances ..... 903 (z 10) and like decisions before the introduction of or. 34 of the code to replace the corresponding provisions of the transfer of property act need not trouble us as the law has materially changed in the meantime and in the light of that change those older cases have been fully ..... sarkar, appearing for the appellant, has very fairly conceded that on the materials on record he cannot urge anything in support of objections (1) and (2), as set out above, but he has strongly pressed the 3rd objection and he has developed it under two heads. he has first contended that the ..... charged by way of security for payment of the decretal dues.' and then followed the 'schedule of list of the properties' - which were charged. 2. on 8th march 1951, the plaintiff-decree-holder applied for execution of the decree and realisation of his dues by attachment of certain bills and security .....Tag this Judgment!
Court : Kolkata
Decided on : May-28-1953
Reported in : AIR1953Cal733,57CWN627
..... can pay or deposit and thus avoid the default mentioned in the proviso of section 14(3) of the act. such payment or deposit can be made by reason of the definition of 'tenant' in section 2[ll)(ii) of the amended act of 1950 read with ss. 19 and 20 of the rent act of 1950. a construction which permits one to take advantage of one's ..... to be considerably less. again, in many of the cases coming under section 18 (5) the position will be that a decree for ejectment has already been passed. defaults in payment of rent in such cases even after the amending act can hardly be considered to be of the same degree of culpability in payment of rent in pending suits brought under the ..... 1950 act. it does not seem to me at all unreasonable that considerations such as these would weigh with the legislature ..... in making a distinction between persons against whom suits have been brought when the 1948 act was in force, and persons against .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-31-1953
Reported in : AIR1953Cal783
..... ), the senate, with the sanction of government may from time to time make regulations consistent with the act of incorporation (act 2 of 1857) as amended by the indian universities act, to provide for all matters relating to the university.(2) according to section 15, indian universities act, the executive government of the university is vested in the syndicate.(3) under ch. iv, rule ..... who have passed an equivalent examination and have pursued a course not under the university itself but recognised by it.11. now, it is common knowledge that the degrees of other sister university in india are recognized by the university of calcutta (with just exceptions) and students migrating to this university have to bring migration certificates and ..... without the express sanction of the syndicate, previously obtained. circulars were to be sent to all the affiliated colleges.(5) circular no. 94 (originally 9624) dated 25-1-1916, 118 (originally 20) dated 18-1-1917, were sent to all affiliated colleges. they require a foreign student desirous of continuing his studies in the university to obtain previous ..... the syndicate is empowered generally to 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. (4) the syndicate passed a resolution dated 15-1-1916, to the effect that no students except matriculates, undergraduates & graduates of the calcutta university shall .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-05-1953
Reported in : AIR1954Cal127,58CWN143
..... 'premises' is defined in section 2(8) as 'any building or part of a building or any hutor part of a hut let separately.'section 9 entitles any landlord or any tenant to apply for standard rent. the words 'landlord' and 'tenant' are used in section 9 without any reservation. on a plain reading of section 9 read along with the definitions of the words 'landlord ..... fixation of standard rent is not maintainable at the instance of a tenant of a second degree as the petitioners are. reference was made to the provisions of section 13 of the rent control act, 1950. it was suggested that the definitions of the word 'landlord' and 'tenant of the first degree' support his submission. quite apart from the fact that the explanations contained in ..... standard rent is maintainable has to be determined on a reference to the provisions of section 9 of the rent control act, 1950. section 9(1) empowers the controller to fix standard rent on an application by either the landlord or the tenant. the word 'landlord' is defined in section 2(4) as 'any person who is receiving the rent of anypremises from the tenant ..... order the applications filed by the petitioner for fixation of standard rent of the premises in respect of which they are tenants were dismissed as not being maintainable in law.2. the petitioner in each of the cases is a sub-tenant under the opposite party manindra land and building corporation ltd. in respect of certain rooms in premises no. 138 .....Tag this Judgment!