Court : Kolkata
Reported in : 2008(3)CHN578
..... training for a period of six months, if it has made an application for recognition within the said period and until the disposal ..... section 14 of the 1993 act stipulates.recognition of institutions offering course of training in teacher education (1) every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this act, make an application to the regional committee concerned in such form and in such manner as may be determined by regulations: provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or ..... she also brought to my notice certain provisions of the regulations framed laying down the procedure for grant of recognition, by the council in exercise of power under section 32(2) of the 1993 act, as also certain provisions of the order passed for recognition of the college to contend that such recognition was not absolute. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1995Cal246
..... the supreme court, therefore held :-- 'the cases aforesaid on which reliance was placed on behalf of the appellants, have also reiterated that once the state decides to grant any right or privilege to others, then there is no escape from the rigour of article 14; the executive does not have an absolute discretion, certain percepts and principles have to be followed, the public interest being the paramount ..... it may, however, be mentioned that the petitioners invoked the arbitration agreement contained in the aforementioned tripartite agreement dated 26-3-1987 and filed an application under section 20 of the arbitration act on or about 7th december,1993. ..... 2, which is contained in annexure 'i' to the writ application, it has been stated -'agents to government: as a consequence of the abolition of sdfc, the government of india has taken over the assets and liabilities as well as past commitments of ..... mitra submitted that in terms of the provisions of the shipping development fund committee (abolition) act, 1986 (hereinafter referred to as 1986 act) the respondents could not have been delegated with the power to enforce the bank guarantee which was furnished by the petitioner in favour of the central government.61 ..... of the shipping development fund committee (abolition) act, 1986 in sub-sec, (i), for the words, 'this chapter', the words 'this act' shall be substituted. ..... further submitted that as in terms of the shipping development fund committee (abolition) act, 1986, the petitioner no. .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)2CALLT44(HC)
..... the said order dated 8 december, 1977 was termed in these words :-'whereas a public prosecutor has been appointed by the state government under sub-section (1) of section 24 of the code of criminal procedure, 1973 (act 2 of 1974), for conducting in the high court, calcutta no any prosecution, appeal or other proceeding on behalf of the state government.and whereas consequent to the appointment of ..... to the order of abolition of the said post of the appellant, if considered objectively, then it points only to one direction that the order of abolition of the said post was made with a mala fide intent or motive and the facts or the chain of events set out in the writ application in several paragraphs i.e ..... , in the above case, was a civil surgeon in the employment of state government who had been granted leave preparatory to retirement and subsequently in june 1961, orders were passed by the government revoking the leave he had originally been granted and recalling him to duty, simultaneously placing him under suspension pending the result of enquiry into certain charges ..... to consider the serious allegations of malafides on the part of the second respondent, (in the absence of any statements from him) who had a vital role to play in the decision making process for abolition of the post of the deputy legal remembrancer.94. it is perhaps worthwhile to mention that the learned single judge having found that the appellant was entitled to compensation pension, directed one year's .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)1CALLT594(HC),2000(1)CHN21,[2000(85)FLR585],(2000)ILLJ1015Cal
..... 1982 prohibited the employment of contract labour in any process or operation in the jobs specified therein including bfl employed by m/s durgapur steel plant (dsp) with effect from 1.3.82 by issuing notification under section 10(1) of the contract labour (regulation and abolition) act, 1970 they have not been absorbed as workmen under the appellant and have been still working as contract labours in the same department it is further alleged that petitioners were asked to appear before ..... learned counsel appearing for the respondent has submitted that the industrial dispute act not being applicable the contract labours tripartite settlement under section 18(3) of the industrial disputes act is not binding upon the writ petitioner and such settlement is void for being contrary to the provision and scheme of the contract labour act and violatlve of the article 16 of the constitution of india.9. ..... apex court has held :--'though there is no express provision in the act for absorption of the employees whose contract labour system stood abolished by publication of the notification under section 10(1) of the act, in a proper case, the court as sentinel on the qui ulve is required to direct the appropriate authority to act in accordance with law and submit a report to the court and based thereon proper relief should be granted. ..... would, therefore, be necessary that in stead of leaving the workmen in the lurch, the court properly moulds the relief and grants the same in accordance with law.'16. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1995Cal194
..... moreover, keeping in view the fact that a decision has already been arrived at by the learned trial judge, in my opinion, it would not be proper for this court at this juncture to throw away the entire writ application only on the ground of lack of locus, particularly in view of the fact that the state in such matters has public accountability, and in that view of the matter, this court, in a given situation, could consider the vires of ..... government of andhra pra-desh, reported in : [1980]2scr924 , the supreme court was considering the question of validity of section 3 of andhra pradesh recognised private educational institutions (control) act, which reads thus:'sec. 3(1). ..... (as his lordship then was), inter alia, held:'recongnition or affiliation is granted on the basis of the excellence of an educational institution, namely, that it has reached the educational standard set up by the university. ..... in other words, recognition or affiliation is a facility which the university grants to an educational institution, for the purpose of enabling the students there to sit for an examination to be conducted by the university in the prescribed subjects and to obtain the degree conferred by the university, and therefore, it stands to reason to hold ..... 'clauses 8 to 12 of the said code lay down themanner in which recognisation of schools is to be granted whereas clause 13 deals with withdrawal of recognition.11. .....
Tag this Judgment!Court : Kolkata
Reported in : (1914)ILR41Cal173
..... . it has been argued in support of the application that the high court as a court of record has inherent authority to punish for a contempt of a subordinate court which is subject to its superintendence under section 15 of the indian high courts act, and over which it exercises appellate and revisional jurisdiction under clauses 27 and 28 of the letters patent of 1865, which replace clauses 26 and 27 ..... need hardly be said that the governor in council would not make this order or grant this authority unless he had reason to believe that a prima facie case ..... india in council the high court should have and exercise all jurisdiction and every power and authority whatsoever in any manner vested in any of the courts abolished under this act at the time of the abolition of such last mentioned courts. ..... established in each presidency shall have and exercise all jurisdiction and every power and authority whatsoever in any manner vested in any of the courts in the same presidency abolished under this act at the time of the abolition of such last-mentioned courts.112 ..... as its name implies had no jurisdiction in criminal matters, and if the case now before us had happened in 1862, before the abolition of the sudder dewani adawlut ..... power to punish every kind of misdemeanour, in that it was, in a special manner, the guardian and protector of public justice throughout the kingdom, the 'custos morum', a dignity that reverted to it or was revived on the abolition of the star chamber by 16 char. i. c. 10. .....
Tag this Judgment!Court : Kolkata
Reported in : 54CWN394
..... any time add to, amend, vary or rescind any order made under this section:provided that such order shall be reviewed by the provincial government at the end of one year from the date of making of the order, and shall not remain in force for more than ..... article 367(1) makes the general clauses act, 1897, applicable and the general clauses act provides in section 5 (3) that where an act is to come into force on ..... schedule 1 to the bengal criminal law amendment act, 1930 (bengal act vi [6] of 1930)(ii) is doing or did acts to assist the operations of an association of which the objects and methods include--the commission of offences included in schedule 1 to the bengal criminal law amendment act, 1930 (bengal act vi [6] of 1930).the governor, in exercise of the powers conferred by section 2, bengal criminal law amendment act, 1930 (bengal act vi [6] of 1930), is pleased to make ..... residence to such authority as may be specified is the order;(b) shall report himself to the police in such manner a'd at such periods as may be so specified:(c) shall conduct himself in such manner or abstain from such acts as may be so specified;(d) shall reside or remain in any area so specified; (e) shall not enter, reside in, or remain in any area se specified;(f) shall be committed to custody in jail; and may at ..... by the court and the abolition of one law and the ..... granted under article 132, constitution act .....
Tag this Judgment!Court : Kolkata
Reported in : [1968]38CompCas82(Cal)
..... one stage of the argument i indicated that i will give my considered opinion on the points involved and either allow the application or reject it, i do not now propose to do so, having regard to the authoritative pronouncement of the court. ..... of and transfer the business property assets and undertaking of the company or any branch or part thereof for such consideration as the company may think fit and in particular for payment in cash or in shares or stock or in debentures or other securities of any other company or partly in one and partly in another or others of such modes of payment. ..... respondent company from applying for an injunction against the petitioning creditors restraining him from proceeding with the winding-up application will stand modified to the extent of the order made herein. ..... sen, a strong presumption of commercial insolvency under section 114 of the evidence act, because the company, which had special means of knowledge of these facts, had not chosen ..... (k) to borrow, by way of discount, cash or overdraft or upon bond, ...............................................mortgage, debenture, debenture-stock deposit, bill, promissory note, receipt or in any other manner and grant security for all or any of such sums and by way of security to dispose, mortgage and pledge or charge the whole or any part of the property and assetsand revenue of the company including uncalled capital, ..... cohen committee went so far as to recomend the abolition of the doctrine of ultra vires. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1971Cal125,[1971]82ITR103(Cal)
..... the expression 'carrying on business' in section 11 of the companies act, 1956 and the same expression 'carrying on business' with less than minimum members in section 45 of the companies act, 1956, section 149 putting restrictions on 'commencement of business', section 433(e) of the companies act penalizing failure to 'commence business' within a year as a ground of winding up and section 542 of the companies act imposing liability for fraudulent conduct ..... and both parties have proceeded on that basis and it could not be called revenue within the meaning of the word used in the definition of agricultural income under section 2(1)(a) of the act because it was a payment to the landlord by the tenant as a consideration for the transfer of a right in zamindari lands owned by the landlord ..... expiry of the lease the premises was acquired for the nagpur improvement trust and the assessee was paid certain sum in cash by way of compensation for determination of the lease which was in addition to a certain sum payable to the ..... an assessee was taken over by the government under the madras estates (abolition and conversion into ryotwari) act and a certain sum was paid by way of advance compensation to ..... repelling the revenue's contention that the assessee was carrying on the business of taking leases and granting sub-leases for profits and therefore the amounts of salami, premia and compensation should be assessed as the business profits of the assessee company, the tribunal says that the .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)2CALLT35(HC)
..... ' accordingly, the writ application is thus disposed of. ..... this is an application in the nature of writ petition arising out of non-consideration of recognition of the institution. 2. ..... recognition may be granted either government or any other authority or body empowered to accord recognition. ..... similarly, affiliation may be granted by academic body. ..... all parties are to act on a signed copy minutes of the operative part of the judgment on the usual undertakings. 14. ..... grant of recognition and/or affiliation is not a matter of course nor it is a formality. 10. .....
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