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 : Dec-23-1953
Reported in : AIR1954Cal415,58CWN468
..... for the purposes of this definition be deemed to be one british possession'.15. as the previous government of india acts continuing the admiralty jurisdiction conferred on. this court by the charter of 1774, were acts of the imperial parliament, the problem of construction here presented in this suit is that by reason of proviso (a) to section 2 of the colonial courts ..... respective charters and letters patent, the proper meaning to be attributed to the words 'domiciled in england or wales' in section 5 of the admiralty court act, 1861, read with section 2(2) of the colonial courts of admiralty act, 1890 and the interpretation act of 1889 should be such as not to create any conflict between these different courts of admiralty in india. the ..... basis the high court in calcutta having regard to its jurisdiction inherited from the supreme court became the colonial court of admiralty. by the provisions contained in section 2, colonial courts of admiralty (india) act, 1891, high courts of calcutta, bombay, madras and the then district court of karachi were expressly declared the colonial courts of admiralty.13. the next ..... the crux of the problem of interpretation presented in this case before me arises, however, on the language of proviso (a) to section 2 of the colonial courts of admiralty act, 1890. this proviso states :'any enactment in an act of the imperial parliament referring to the admiralty jurisdiction of the high court jn england, when applied to a colonial court of admiralty .....Tag this Judgment!
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 : 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 : 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!
Court : Kolkata
Decided on : Aug-27-1953
Reported in : AIR1954Cal412
..... , putni regulation which requires 'an express authority apart from the conditions of the lease' and by the operation of section 195(e), bengal tenancy act, section 11, putni regulation would prevail.in the case of -- 'bidhu mukhi v. asmatulla', air 1916 cal 519 (d) ganderson, c. j. and mookerjee j. held that if a 'durputni' lease expressly authorised ..... lessor granted a mokorari mourashi lease of 8 bighas and 10 cottas to the defendant at a rental. of rs. 17/-, that is, at the rate of rs. 2/- per bigha. the lessee was to enjoy the land by khas. cultivation or by settling tenants, by making. gardens, digging tanks, planting and cutting down. trees ..... it creates a tenure. from the recitals in the kabuliat (exhibit 6) it appears that it is a mokorari mourashi lease in respect of 8 1/2 bighas of land at a rental of rs. 17/- per annum -- the lessee undertaking to pay separately to the lessor any additional imposition that might be ..... is directed against a judg-ment and decree of mr. justice das dated march 24, 1948 whereby he has decreed a suit for eviction of the defendant.2. the facts leading up to this litigation are broadly these. on 7-6-1857, the predecessor of one bibhuti bhusan roy granted a mokarari mourashi lease ..... had obtained two rent decrees against two tenants in respect of two tenancies, comprising an area of 9 bighas, 13 cottas and 2 bighas, 9 cottas, and in execution of those rent decrees the lessor jatindra nath bose had obtained khas possession of the-total area of 12 bighas .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-07-1953
Reported in : AIR1953Cal792
..... -- 'subramania iyer v. king emperor', 28 ind app 257 (pc) (n), where the accused was charged with 41 different acts extending over two years, against the definite provisions of section 234 of the code, the trial was bad and no question of curing an irregularity arose but if the trial conducted is substantially in ..... a knife and so for fear of life the accused aimed a blow with a hesho at the leg of the customer but he could not definitely say on which part of the body of the customer that blow actually fell. then his son fate ali woke up and either he or ..... or in an inquiry or other proceedings under this code, or* * *(c) of the omission to revise any list of jurors or assessors in accordance with section 324, or(d) of any misdirection in any charge to a jury unless such error, omission, irregularity, or misdirection has in fact occasioned a failure of ..... of one or more of the very comprehensive provisions of the code. the distinction drawn between illegality and irregularity being one of degree rather than of kind.19. that section 215 occurs in the same chapter which deals with inquiries into cases triable by the court of session or the high court goes ..... (as the case may be) and (unless the magistrate is presidency magistrate) shall also record briefly the reasons for such commitment.'and sub-section (2) of section 213 provides that'(2) if the magistrate, after hearing the witnesses for the defence, is satisfied that there are not sufficient grounds for committing the accused, he .....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!
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 : 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!