Court : Kolkata
Reported in : (2004)1CALLT445(HC)
..... even both the courts overlooked the scope and ambit of section 6(5) of the west bengal estates acquisition act, 1953, wherein law says that if the option is not exercised, the hearing will be given upon person or persons by the revenue officer and after giving opportunity of being heard, allow to retain so much of lands as do not ..... 7 and 8 of the memorandum of appeal seem to be appropriate points for hearing the second appeal, and finally pass the order. ..... the learned judge of the first appellate court held that no presumption can be drawn in respect of such production and the compensation officer is not bound to return the land to the person concerned or to the appropriate authority to regularise the same.4. ..... law says that as per section 6(5) of the west bengal estates acquisition act, 1953 intermediary shall exercise his choice for retention of land under sub-section (1) within such time and in such a manner as may be prescribed. ..... and order passed by the court of first instance as well as the court of appeal, if find that both the courts have rigidly followed filing of the 'b' form return prescribed under the west bengal estates acquisition act, 1953 when it seems that the same is nothing but material irregularity. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal89,100CWN357
..... been submitted by learned solicitor general that at all times parliament retains its control over its delegates namely the executive agency entrusted with the power of bringing an act into force and if it finds that the executive agency is not acting according to the will of the parliament, the parliament may censure the executive agency and itself pass a law bringing into force the legislation concerned with immediate effect ..... 14 that refusal to bring the act into force is a violation of the fundamental rights of the people of this country and as such it can be enforced by an appropriate direction, order or writ under article 226 of the constitution ..... public interest, or to the life of community at large can be regarded as unreasonable or arbitrary or otherwise in violation of the rule of law; but in the case of a law like the prasar bharati act which is of far-reaching significance to public interest and to the life of the community, there can be no question that a discretion enabling the operation of the act to be indefinitely postponed or totally stalled could not but be unreasonable, arbitrary and in violation of the rule of law and void. ..... two broad heads namely:-- i) omission to bring the act into force is only part of the cause of action, and ii) the concept of cause of action developed in the context of adversary litigation is not appropriate to public interest litigation. 63. ..... can be struck down and appropriate relief given by way of compelling enforcement of the act. 55. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal53,64CWN1043
..... the power of thehigh court, that is, its power of superintendence, under article 227 of the constitution is 'to be exercised most sparingly and only in appropriate cases in order to keep the subordinate courts (tribunals) within the bounds of their authority and not for correcting mere errors', or, as put by their ..... a liability,--partaking of the nature of a liability for contribution,--to the lessees and the lessees alone: it is not a liability to the municipality, to which alone the rates or taxes under, the act are due and payable,--at any rate, for making a person 'in arrears in payment of rates or taxes' for purposes of section 22 (1)(g) and, even if the above liability for payment to the ..... learned madhya pradesh judges, is correct and the distinction, made and relied upon by them, is quite a valid distinction and it seems to us that, at least, in regard to elections under the bengal municipal act, ponnuswami's case, air 1952 sc 84 (supra), is distinguishable, having regard, inter alia, to the express provision of an appeal, as provided in rule 20 of the election rules and a pre-election ..... act, where, as, in the case of elections to the state legislatures also, even the extraordinary powers and jurisdiction of the high court and of the supreme court too, under the relevant constitutional articles (articles 226, 227 and 32) appear to have been taken away and excluded by the admittedly valid non obstante clause, as enacted in article 329(b) of the constitution, and appropriate .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CALLT268(HC)
..... without jurisdiction having been issued by the person not authorized for the said purpose.iii) assuming the port trust was entitled to charge the cargo as hazardous one, without making any appropriate provision for storing hazardous goods the post trust was not entitled to charge at such rate when no special care or caution was taken as required for the hazardous cargo.iv) the rate ..... single judge by filing the writ petition on the ground that it was obligatory on the part of the port trust authorities to put the consignee on notice the appropriate rate at which they would have to pay the landing and removal charges. ..... mitra, learned counsel appearing for the appellants has contended as follows:i) under section 52 of the major port trusts act prior to its amendment it was obligatory on the part of the port trust to make necessary publication of the schedule of rates and those were to be notified in conspicuous places within the port area ..... was not entitled to claim double the rate prescribed for the said goods.ii) assuming the port trust was entitled to recover the amount, the board was the appropriate authority to initiate proceeding and that too in terms of the provisions of section 56 of the said act. ..... the learned single judge was absolutely right in rejecting the sole contention of the appellants raised before his lordship to the effect that under section 52 of the pre-amended act the schedule of rates was to be published, so that it could be made known to the concerned parties. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal65,122Ind.Cas.630
..... to admit and register the memorandum of appeal on the fee which has bean paid and, after he has done that, if he has any uneasiness as to the revenue having received its proper dues, he may take appropriate action under the appropriate section, namely, section 9, court-fees act, by appointing a commissioner if he thinks fit or, as i have explained, by holding a judicial enquiry himself. ..... clear from the plaint or the document itself that there has been an under valuation, the reasonable course, whether one looks to the code of civil procedure or to the court-fees act, is to register the plaint or the memorandum and take appropriate steps thereafter for enquiring into any matter that calls for enquiry. ..... of the law make a difference, as it seems to me, with regard to those cases which i have last referred to because section 9 and the consequential sections are particular provisions in the court-fees act which deal with this very class of cases, the class of cases, namely, where the sufficiency of the fee depends upon matters which require a certain amount of external investigation. ..... if, therefore, the learned judge in this case having admitted the memorandum of appeal had taken steps under section 9, court-fees act, i would have been prepared to say that he was within his rights, if he had held this judicial enquiry either himself or by ..... for cases of this class which depend upon valuation, the particular and appropriate provisions of section 9, court-fees act should always be used. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal180
..... has observed, inter alia, that granting that it was executive in character, the courts have the power in appropriate cases to compel performance of the obligations, imposed by the scheme upon the departmental authorities: it could not be said that executive necessity released the government from honouring its solemn promises relying on which the citizens had acted to their detriment, under our constitutional set up, no person may be deprived of his right or liberty except in ..... the article runs thus:- 'subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment and conditions of service of persons appointed, to public services and posts in connection with the affairs of the union or of any state: provided that it shall be competent for the president or ..... is no averment that the petitioner acted upon any representation to his detriment, further, under article 309 of the constitution any service rule having the force of law, must be either under an act of the appropriate legislature or made by the president or the governor, as the case may be, until provision in that behalf is enacted by the appropriate legislature. ..... make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an act of the appropriate legislature under this article, and any rules so made shall have effect subject to the provisions of any such act.' 29. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1991Cal247,(1991)1CALLT258(HC)
..... , the municipal commissioner may from time to time and in accordance with such rules regarding qualifications of building surveyors in resepct of several classes of buildings as may be prescribed, grant licence to any person to act as licensed building surveyors and the municipal commissioner may accept plan, elevation of section, sub milled in respect of a building not exceeding thirteen and a half metres in height with any, ng application for permission to erect ..... notwithstanding anything contained in this section the commissioner may from time to time, in accordance with such rules as may be made by the corporation, grant to any person he thinks fit a licence to act as a licensed building surveyor and the commissioner may accept plan, elevation or section, submitted in respect of a building not exceeding thirteen and a half metres in height with any application for permission to ..... application i state the relevant facts relating to the subject-matter of the said writ proceeding as follows: (a) the calcutta municipal corporation (amendment) act came into force with effect from 20th february, 1989 and the building bye-laws of bengal municipal act, 1932 as prevailing in the three added units stood abolished and the same tantamounts to application of building bye-laws of schedule xvi of the ..... who was entitled to act on behalf of the corporation under the provisions of the calcutta municipal act, 1951 and in the year 1977 the said administrator was appropriate authority for the purpose. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2000Cal12,(2000)1CALLT433(HC)
..... specially whether anyperpectuality occurs or not; (g) if occasion arises, they will also suggest the authorities about theeviction process; (h) in case of any alternative mode, they will have the right to suggestabout increasement of rent after making an appropriate rentalvaluation; (i) they will also consider whether any rehabilitation is feasible to shiftthem to any other plots to clear up the premises for the purposeof defence requirement; (j) they will also suggest demolition process in the circumstances; (k) they ..... of rent; (iii) declaration to the effect that the terms of the contract of the lease la not enforceable against them; (iv) tenancy/lease is heritable; (v) the provisions of the public premises (eviction of unauthorised occupants) act, 1971 is not applicable; (vi) declaration under the act that the petitioners are governed by the west bengal non-agricultural tenancy with such omnibus prayers having based upon disputed questions of fact and cannot be decided in the constitutional writ ..... individual clauses of arbitrations are also superceded to avoid objections as to go back before the appropriate authority under the arbitration clause because it has limited scope.39. ..... ) and contended that when constructions are made with the sanction of the lessor/union of india by no process of reasoning, be regarded as public premises belonging to the central government and such act cannot be applicable therein and appropriate proceeding is filing of suit by them.28. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal386
..... the rule prescribed in that behalf have made the central government or its delegate the appropriate authority to deal with this question, and that means this particular question cannot be tried ..... it is true that this court has the discretion to issue such other appropriate writ or writs and in the present case, it may equally be true that writ in the nature of quo warranto may be the proper writ but this again would involve amendment ..... the question whether foreign passport was voluntarily obtained or not still remains to be determined by the central government under section 9(2) of the citizenship act if the plea is raised that such a passport was not voluntarily obtained, after giving an opportunity to the aggrieved person to rebut conclusive presumptions created under rule 3 of schedule iii of ..... it was open to the petitioner to take proper steps before the appropriate authority for the removal of the name of the respondent no. ..... a voter in the electoral rolls would not be deemed to have forfeited his right to be elected as prodhan unless the question as to loss or acquisition of his citizenship was determined by the appropriate authority, namely, the central government under section 9(2) of the citizenship act, 1955. ..... the kind nor had he given any explanation in the petition as to why he could not do so, in fact, he withheld all necessary and material information from this court and such act on his part has disentitled him to get any relief in the writ jurisdiction of this court. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1970Cal349,[1971]41CompCas477(Cal),[1971]80ITR108(Cal)
..... if it be considered that the effect of the income-tax authorities putting the machinery of section 46, income-tax act, in motion for the collection of arrears of income-tax is to bring into operation all the appropriate legal enactments relating to the collection of land revenue in the province concerned, it is, in our judgment, very difficult to say that they ..... he submits that it cannot be disputed that the income-tax officer is the only appropriate authority which has the power ana jurisdiction to commence, entertain and decide matters relating to assessment of any company under the income-tax act, 1961 and in accordance with the provisions thereof and in view of the provisions contained in the income-tax act, the winding-up court has no jurisdiction or power to entertain an assessment proceeding and ..... accordance with the provisions of the income-tax act and by the appropriate authority and a demand by the department in accordance with the provision of the income-tax act is served, no debt or liability arises at all and he contends that in view of the specific provision of the income-tax act it is impossible for the court to proceed to make any valid assessment in accordance with the provision of the income-tax act in exercise of the power or authority ..... or debt for payment of tax can only arise after an assessment has been made by the appropriate officer under the income-tax act and in accordance therewith and upon such assessment, after a notice of demand has been served. .....
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