Judgment Search Results Home > Cases Phrase: appropriation act 2006 Sorted by: recent Court: kolkata Page 5 of about 15,166 results (0.059 seconds)

The Chief Secretary, Govt. of West Bengal and anr. Vs. Swapan Kumar Bh ...

Court : Kolkata

..... although in the earlier order recorded by the tribunal in the previous application, it was mentioned that the said application was withdrawn with liberty to file application before the appropriate forum, that was a wrong recording and his client really wanted to file fresh application before the selfsame forum. ..... for the parties and after going through the materials on record, we are at one with the learned advocate general that on the basis of averments made in the application under section 19 of the act itself, the central administrative tribunal had no inherent jurisdiction to entertain the application inasmuch as the ultimate relief to the respondent no. ..... three others filed another application under section 19 of the act before the tribunal claiming similar relief, but ultimately, such application was withdrawn with liberty to approach the appropriate forum. mr. ..... impugned herein, the tribunal has extended the interim order till december 12, 2006, the date fixed for hearing of the main application. 6. ..... writ applications were taken up together as by these applications the selfsame order being order dated november 23, 2006 passed by the central administrative tribunal, calcutta bench in misc. ..... even if those were properly recorded, the said order dated january 03, 2006 was an order passed per incuriam.12. mr. ..... 713 of 2006 have become infructuous and the same are disposed ..... 2006 and ..... of 2006 and ..... 419 of 2006 are both quashed and ..... 419 of 2006 has been ..... 619 of 2006 arising out of the original .....

Karuna Bhattacharjee Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(1)CHN541,[2007(114)FLR352],(2007)2LLJ424Cal

..... under section 10 of the said act the appropriate government may, by an order in writing, refer a dispute or any matter appearing to be connected with, or relevant to, the dispute to a tribunal for ..... from the above it therefore appears that while it is open to the appropriate government to refer the dispute or any matter appearing to be connected therewith for adjudication, the tribunal must confine its adjudication to the points of dispute referred and matters incidental ..... the expression 'or any matter appearing to be connected with or relevant to the dispute' governs, in my view, the act of reference to be made by the government and does not empower the tribunal to adjudicate upon any matter which it considers to be incidental to the ..... in deciding the purport of the word 'incidental' appearing in the relevant clause of the said act, the supreme court in delhi cloth and general mills case (supra) laid down as follows:21 ..... ultimately a reference was made under section 10 of the industrial disputes act, 1947 (the said act) covering the following issues:whether termination of services of shri karuna bhattacharjee is justified' ?to what relief, if any, is he ..... under section 10(4) of the industrial disputes act it was not competent for the tribunal to entertain such ..... clause (d) of section 10(1) of the said act permits a dispute to be referred and other matters connected therewith or relevant thereto to be referred along with the ..... ) and : (2006)iillj1046sc (state bank of bikaner & jaipur .....

Kamala Gupta Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2006(4)CHN219

..... 3 has been acting in a manner which amounts to violation of the hon'ble court's order dated 26.4.2006 and seek appropriate orders. ..... it is made clear that dismissal of the present petition shall not preclude the petitioner from exercising her rights conferred by the provisions of the code of criminal procedure before the appropriate forum against alleged criminal intimidation or any other act perpetrated by the respondent no. ..... 3 without any valid sanction plan, sufficient powers are conferred on the said corporation by the kolkata municipal corporation act to deal with it appropriately. ..... 3 and his associates have threatened the petitioner and her family members with dire consequences and such an act has been reported to the police, it is the statutory duty of the respondent no. ..... during the pendency of the said writ petition, the petitioner on 17.3.2006 has preferred the present petition. ..... copy of the order dated 26.4.2006 has been placed before this court. ..... however when this petition was taken up for hearing, it has been disclosed before this court that an order has been passed on 26.4.2006 disposing of the said petition. ..... 4963 (w) of 2006 has been disposed of by this hon'ble court on 26.4.2006 with a direction upon the executive engineer, borough no. ..... same is the position with the allegation made in the complaint dated 13.3.2006 in this regard. ..... in any event by the order dated 26.4.2006 the respondent no. ..... 2) in writing on 13.3.2006 indicating the threat given by the respondent no. .....

Jaldhi Overseas Pte Ltd. Vs. Bhushan Power and Steel Limited

Court : Kolkata

..... officer of the company and was verified by two affidavits sworn before a notary public of new york, u.s.a.authorised to administer oath by laws of the state of new york, u.s.a.the notarial act was certified by the county clerk and the clerk of the supreme court, new york country, a court of record, under its seal and the certificates were attached to the affidavits and ..... used to appoint notaries public in india for performing all recognised notarial functions, but it was not appropriate that persons in this country who wish to function as notaries should derive their authority from an institution ..... senior notary public of this city to inform the court about the indian practice and experience in dealing with notarial acts and reciprocity between india and u.s.a.mr.deb has informed the court that indian notarial act is recognised and reciprocated in u.s.a.and similarly the notarial acts of u.s.a.have been accepted and recognised in india in divers.matters and documents, specially when many industrial, commercial and ..... perusal of section 85 would show that a duly executed power of attorney authenticated by a notary public in a foreign country, is entitled to the presumption of section 85 of the evidence act and in support thereof reliance has been placed on paragraphs 9 and 10 of charan kaur alias channo (supra).in so far as the question of the notary not identifying sreepriya balasubramanian is concerned ..... a foreign notary duly authorised by the appropriate laws of the state of new york, .....

Amiya Steel Pvt. Ltd. Vs. Steel Authority of India Ltd.

Court : Kolkata

..... even here, there may have been a serious anomaly, in the sense that if the subordinate judge is taken to more be appropriately described by his present designation of civil judge (senior division).in view of section 2(1)(e) of the act of 1996, such court would not have had the authority to receive any application pertaining to arbitration since such an application has necessarily to be filed in the principal civil court in the district. ..... steel authority of india, no less, and its law officers had no idea of the fundamental principles pertaining to the jurisdiction of a court and seek to cite their monumental lack of knowledge to obtain an undue benefit under section 14 of the act of 1963, when the conduct appears.at least from the written notes of arguments, to be quite deliberate and well thought out. ..... personal gains at the expense of their employers.the appeal arises out of an order dated march 30, 2017 by which several months have been excluded from the time taken by the respondent to carry its challenge to the appropriate forum by resorting to section 14 of the limitation act, 1963. ..... the excuse would not work in this case since the petition under section 34 of the 1996 act was affirmed by a law officer of the respondent who ought to have had a rudimentary knowledge of law as steel authority of india limited is involved in several arbitration proceedings. .....

Vodafone Mobile Services Limited and Anr. Vs. The Kolkata Municipal Co ...

Court : Kolkata

..... made thereunder or by any other officer of the corporation authorised by the municipal commissioner or officer empowered as aforesaid in this behalf shall specify in addition to any other matter required to be specified under any other provision of this act or the rules or the regulations made thereunder (a) the date of the grant thereof; (b) the purpose and the period (if any) for which it is granted; (c) restrictions or conditions, if any, subject to which it ..... through misrepresentation or fraud, or if any of its restrictions or conditions has been infringed or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the provisions of this act or the rules or the regulations made thereunder relating to any matter for which the licence or permission was granted: provided that (a) before making any order of suspension or revocation, reasonable opportunity shall be accorded to ..... (4) when any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the grantee shall, for the purposes of this act or the rules or the regulations made thereunder, be deemed to be without a licence or written permission until such time as the order suspending or revoking the licence or the written permission is rescinded ..... , it is open to the authorities to take economic and management decision depending upon the exigencies of a situation guided by appropriate financial policies notified in public interest. .....

Gautam Das Vs. The Kolkata Municipal Corpopration and Ors.

Court : Kolkata

..... vocal in his submission that if this court expressly directed the authority to verify the truthfulness of the decision of the thika controller to bring within the periphery of the west bengal thika tenancy (regulation and acquisition) act, 2001, the authority ought not to have simply proceeded on the basis of two letters.in other words, it is sought to be contended that the entire action taken by the authority in the impugned order ..... is further submitted that if the petitioner felt aggrieved by the decision of the thika controller, the remedy is provided under the relevant act and, therefore, the action of the authority cannot be said to be in gross violation of the directions passed by this court ..... assistant collector and submits that if the competent authority had communicated its decision that the property is a thika tenanted property, the authority under the kolkata municipal corporation act, 1980 cannot sit over the said decision as a court of appeal but have to proceed on the basis thereof. ..... to the aggrieved person to challenge the said order or the decision reflected in the letter before the appropriate authority. ..... that the decision of the thika controller would remain binding subject, however, that an aggrieved person may have a right to file an appeal before the appropriate tribunal. ..... the west bengal thika tenancy (regulation and acquisition) act, 2001 which came into force on and from 1st april, 2003 deals with the thika tenancies and the rights of the bharatia vis- -vis .....

State of W.B. and Ors. Vs. Gautam Sadhan Bose and Ors.

Court : Kolkata

..... club ltd.yet, in spite petitioners were conciliation proceedings their residential being as thereof, forced by well to issuance as club of the writ attend the summons at addresses in exercise of powers under section 11a of the industrial disputes act, which action of the conciliation officer was challenged before this hon ble court by the writ petitioners as being mala fide exercise done by the said officer mr.heeralal roy. ..... powers of labour courts, tribunals and national tribunals to give appropriate relief in case of discharge or dismissal of workmen. ..... in view of the above order, it is prayed on behalf of the present appellants that the present affidavit filed by mr.pramanik be treated as part and parcel of the instant appeal and appropriate orders be passed. .....

Carbon Management Consulting Private Limited Vs. Yash Paper Limited

Court : Kolkata

..... the hon ble supreme court in the cited decision was of the opinion that looking into the nature of the dispute it would be appropriate if the trial court makes an effort to complete the trial within 6 months from the date of the judgment and the parties were accordingly directed to cooperate for the disposal of the suit. ..... yet, mr.sakya sen also relied on a decision of sopan sukhdeo sable & ors.versus assistant charity commissioner & ors.reported in (2004) 3 scc137wherein the question was whether sections 50 and 51 of bombay public trusts act, 1950 are applicable to question relating to continuance and period of tenancy wherein trust is a lessor so as to oust jurisdiction of civil court with regard thereto under section 80. ..... a preliminary plea that the plaint was liable to be rejected under order 7 rule 11 of the code and with reference to section 80 of the bombay public trusts act, 1950 it was urged that no civil court had jurisdiction to decide or deal with any question which by or under the act is to be decided or dealt with by any officer or authority under the act and in respect of which the decision or order of such officer or authority has been made final and conclusive. ..... even without such words in appropriate cases the maxim expressio unius est exclusio alterius expression of one is the exclusion of another may be applied. ..... & ors.versus owners & parties, vessel m.v.fortune express & ors.reported in (2006) 3 supreme court cases 100 and invited my attention to head note 5. .....

Saregama India Limited Vs. Whackedout Media Pvt. Ltd. and Anr.

Court : Kolkata

..... however, since granting a leave under clause of 12 of the letters patent presupposes that another court has also jurisdiction as a part of the cause of action may have arisen elsewhere also, the court in an appropriate situation may revoke the said leave on the ground of forum inconvenience or may in a situation like this by taking into consideration the purposive interpretation given in sanjay dalia (supra) revoke such leave. ..... however, the court would be guided by such provisions while considering a prayer for leave under clause 12 of the letters patent and may decline leave in appropriate cases by taking into consideration the ratio of sanjay dalia (supra). ..... of (1) court over matters every suit or arising other civil proceeding arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this act shall be instituted in the district court having jurisdiction, (2) for the purpose of sub-section (1), a district court having jurisdiction . ..... thus, in addition to the places where suits could be filed under section 20 of the code, the plaintiff can also institute a suit under the trade marks act, 1999 and the copyright act, 1957, as the case may provisions of be, by section taking 134(2) advantage or of section the 62(2), respectively. ..... ga no.3382 of 2016 is relied upon to show that accessibility to the web-page can also in appropriate cases constitute a cause of action. ..... reported in 2006 (11) scc521. ..... maingi:2006. .....