Court : Kolkata
Decided on : Dec-22-1972
Reported in : AIR1973Cal478,77CWN618
..... . mitter submitted that this proved that for an identical purpose land could be acquired directly under the land acquisition act or under that act as modified either by the calcutta municipal act or the calcutta improvement act, but the owner of the land would be denied the solatium of 15 per cent, over the market value only in the last mentioned case. mr. mitter submitted ..... all such cases the owners of the lands would get the solatium of 15 per cent. under section 23(2) of the said act. in this connection mr. mitter also referred to chapter xxxe of the calcutta municipal act 1951 which provides for the acquisition of land for purposes of the calcutta corporation and drew our attention to sections 361 and 517 of ..... discrimination really arises in this case. mr. das contended that the assumption that the land in question could have been acquired for the same purpose also under the land acquisition act or under the calcutta municipal act is unwarranted. he pointed out that a proceeding for acquisition of land for any of the purposes of the calcutta improvement ..... on the strength of the two decisions of the supreme court referred to above that paragraph 9 (1) of the schedule to the calcutta improvement act 1911 which .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-23-1972
Reported in : AIR1972Cal430,1973CriLJ162,76CWN486
..... constitute express exclusion and section 15(2) of the limitation act appliedto section 146 of the bengal local self-government act.57. biswas, j. took the same view with reference to the relevant provisions of the bengal municipal act in commrs. of pabna municipality v. nirode sundari, air 1942 cal 544.58. the ..... a tenant by section 17-b.71. mr. bhabra also referred us to an obiter dictum of pickford, j. in gregory v. torquay corporation, (1911) 2 kb 556 at p. 559. the dictum is: 'if a statute conferred a new right of action and also prescribed a limited time within ..... march, 1956. before the judgment was delivered the west bengal legislature introduced new provisions for 'repeal and savings' by the west bengal premises tenancy (amendment) act, 1956. the expressions used in the new provisions were subjected to severe criticism and chakravartti, c. j. at page 292, after corn-inc: to ..... and that of section 21, which was sufficiently comprehensive to include all actions brought by executors and administrators whether before or after the passing of the act: vide craies on 'statute law', 7th edition, page 385, footnote 18.21. it is clear therefore, that the judgment of bijayesh mukherji, j ..... or any action taken (including any order made, proceeding commenced, obligation or liability incurred), or deemed to have been done or taken, under the principal act as amended by the said ordinance shall continue to be in force and shall be deemed to have been done, taken, made, commenced or incurred, .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-03-1972
Reported in : AIR1973Cal123,76CWN435
..... a procedural right, as would appear from the discussions in northern india caterers p. ltd. v. state of punjab, air 1067 sc 1581. as to the intention of the legislature, the substantive act xii of 1956 as disclosed in its objects end reasons, inter alia provides for the conditions under which a ..... principle has been extensively recognised and applied by courts of justice in this country; and the time within which a partv is required to perform an act has been extended when it could not be performed by reason of action or inaction of court ..... it may be conceded that themaxim may not ..... the court may condone the delay if satisfied that there was sufficient cause for the delayed deposit on the principle of section 5 of the limitation act. which also was held to be applicable to proceedings under section 17, mr. mitra. in effect, challenged the propriety and correctnes of the said ..... . his first contention is that the court has no jurisdiction or power to enlarge the time limit contained in the various provisions under the said act for making applications or deposits or payments particularly when in absence of compliance with the provisions thereof penal consequence has been provided for. in support ..... partv but on account of an action or inaction of court on the principle actus curiae neminem gravabit (an act of court shall prejudice no one). in mahomed akbar jaman khan v. sukhdeo pande, (1911) 13 cal lj 467. the court was concerned with the question of setting aside a sale and under .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-17-1972
Reported in : AIR1973Cal465
..... on the promissory notes; (2) one of the joint promisees cannot file a suit. dr. das relied upon section 45 of the indian contract act and the cases reported in (1911) ilr 38 cal 342 at p. 350, (hussainara begum v. rahimunnessa begum) and air 1957 andh pra 688, (verm soorayya v. katuza begum ..... presence at no. 17, chowringhee road, calcutta, therefore, bejoy who was not present at the time of execution is not a material witness. this decision of the punjab high court does not help dr. das under the facts of this case. on this point dr. das cited another case reported in : 3scr862 , ( ..... can be said to be the 'holder' of the promissory notes, it is necessary to consider sections 8, 78, 81 and 82 of the negotiable instruments act (act 26 of 1881). section -- 8the 'holder' of a promissory note, bill of exchange or cheque means any person entitled in his own name to the ..... krishnaji ketkar v. mahamed haji latif). the appellant made an application to the deputy charity officer, greater bombay region under section 18 of the bombay public trust act. the main question for determination in this appeal is whether the land comprised in survey plot no. 134 was the property of the dargh or whether it ..... called to disprove the defendant's case. in my view, there is no question of invoking presumption of section 114, illustration (g) of the indian evidence act and the principles laid down in the said privy council decision, cannot apply in this case.11. the next case cited by dr. das is (1970 .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-25-1972
Reported in : AIR1973Cal233,76CWN411
..... in that case the appeal was preferred against the dismissal of a writ petition by the high court hi limine. the appellants were members of a municipal committee, which was superseded by the state government and they filed a writ petition contending that the supersession was mala fide. this writ petition was ..... the state government and also the powers of the governor, reliance was placed on a decision of the supreme court roop-chand v. state of punjab, : air1963sc1503 .17. mr. chakrabarti next contended that the notification g.s.r. 491 should not be so construed as to imply a delegation ..... government to enquire into the aforesaid matter; now, therefore, in exercise of the power conferred by section 3 of the commissions of enquiry act, 1952 (act 60 of 1952), the governor is pleased hereby to appoint a commission of enquiry consisting of shri tarapada mukhujee, retired judge of the calcutta ..... general fortified his contention on this aspect of the case by a reference to sub-section (1) of section 3 of the commissions of inquiry act. he argued that although the appropriate government may appoint a commission of inquiry, where a resolution is passed by the legislature, the commission of ..... for contempt of court. in : 3scr789 (supra), the appellant had challenged a notification issued under section 3 of the commissions of inquiry act, appointing a commission of inquiry to inquire into certain allegations against persons who had held the office of chief ministers and ministers in orissa. an .....Tag this Judgment!
Court : Kolkata
Decided on : May-31-1972
Reported in : 1973CriLJ407
..... it is clear that they were armed with daggers and pipe-guns. non mention of the name of the public road does not make the allegations vague because in municipal towns unlike city of calcutta places are known more by the localities than by the name of the road. such is also the case with the field which has ..... under exceptional circumstances entirely on their own responsibility or personal satisfaction is not necessarily unreasonable. such a principle is clearly laid down in the cases of virendra v. state of punjab : 1scr308 , gurbachan singh v. state of bombay : 1952crilj1147 ; hari khemu gawalli v. deputy commissioner of police. bombay : 1956crilj1104 . even mr. justice fazl ali in his dissenting ..... . additional dist. magistrates specially empowered and the commissioner of police. calcutta in the presidency town of calcutta section 3(2) provides a statutory guidance as to what constitutes acting in any manner prejudicial to the security of the state or maintenance of public order. section 5 provides for power to regulate place and conditions of detention section 8 provides ..... restriction imposed is unreasonable because (a) detention can be affected on the subjective satisfaction of minor authorities like the district magistrate, additional district magistrate. secretary or the deputy secretary acting on behalf of the state. (b) it provides no opportunity to assail the order even when it is based on insufficient materials or irrelevant considerations (c) it provides for .....Tag this Judgment!