Court : Kolkata Appellate
..... , air 1991 sc 700, 75 cwn 195 and air 1979 cal 79 to the effect that the relevant date for determining the valuation under section 4(1) of the partition act would be the date when the member shareholder undertakes to buy the share of the transferee provided such undertaking is given after share of the transferee has been ascertained by ..... a co-sharer when transfer was made to an outsider. it is not the situation. in the instant case preemption has been sought for under section 3 of the partition act. moreover, the valuation was assessed in the year 1972, that is, more than 35 years back and the co-plaintiff/defendant no.2 wanted to purchase the share of the .....
Tag this Judgment!Court : Kolkata Appellate
1. challenge is to the order dated april 21, 2009 passed by the learned municipal assessment tribunal, first bench, kolkata municipal corporation in appeal no.2172 of 2007. the appellant has preferred this application contending, inter alia, that he entered into an agreement for sale of a .....
Tag this Judgment!Court : Kolkata Appellate
1. This writ petitioner has challenged the order dated 26.11.2007 by which the Secretary to the Government of west Bengal Mass Education Extension Department directed the recovery of the overdrawn amount from the writ petitioner and also to stop the annual increment w.e.f. 1.4.2001.2. The writ petitioner was appointed as assistant teacher in the vacant post in Asutosh Institution- a DA getting institution imparting education to the physically handicapped. The approval of such appointment was duly accorded by the Director of the Technical Education, West Bengal on 30.1.1986 with retrospective effect from 5.8.1985. Subsequently the writ petitioner was appointed as Principal w.e.f. 1.4.1988 and such approval was granted by the Deputy Director of Technical Education, West Bengal on 11.10.1988. Subsequently the Government of West Bengal Mass Education Extension Department issued a memo dated 30.3.2001 sanctioning the sponsorship to the said Asutosh Institution. It was specifically mentioned...
Tag this Judgment!Court : Kolkata Appellate
..... subject to the operation of [the mines act, 1952 (35 of 1952)] or [a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place]; 30. on behalf of the state-respondents neither any material was produced before the learned tribunal nor even before this court at the time ..... by reason of the proviso to section 6(3) and section 6(1)(g) of the said west bengal estates acquisition act, 1953 is competent to resume the said subject land. 2. the learned tribunal, therefore, did not find any reason to interfere with the order of resumption passed by the state government and dismissed the ..... the provisions of section 6(1)(g) and section 6(3) of the west bengal estates acquisition act, 1953 have no manner of application in respect of the subject land. 28. the learned government representative clearly submitted before the learned tribunal that the factory, being sodepur pottery, was inoperative on the date of vesting. the finally published .....
Tag this Judgment!Court : Kolkata Appellate
..... and so produced or coming before him, in order to ascertain whether it is stamped with a stamp of the value and description required by the law in force in india when such instrument was executed or first executed: provided that***** 35. instruments not duly stamped inadmissible in evidence, etc.no instrument chargeable with duty shall ..... court was seized of the question as to whether the writ petition filed by the union of india challenging an order of the administrative tribunal ought to be received or not. after the tribunal allowed the application filed by the employee before it, the union of india filed an application praying for extension of time to comply ..... be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped: provided that (a) any such instrument shall .....
Tag this Judgment!Court : Kolkata Appellate
..... scc 513 (chinnammal & ors. vs. p. arumugham & anr.), air 1983 sc 876 [kalipada das & ors. vs. bimal krishna sengupta (dead) by lrs], air 1955 sc 425 (sangram singh vs. election tribunal, kotah) and air 2003 sc 3044 (suryadev rai vs. ram chander rai). 10. in gajanand (supra), two orders were under challenge in the revision application. by the first order, prayer ..... of which the negatives had been destroyed and, therefore, there was no scope of comparing the same with the negatives. relying on illustration a of section 63 of the evidence act, 1872, a finding was returned that at this stage there is no materials before this court to believe that the thing photograph was the original. the photographer failed to identify .....
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