Court : Kolkata Appellate
Decided on : Jan-07-2011
..... of information and cultural affairs, government of west bengal, and the respondent no.3 is the kolkata metropolitan development authority, a body corporate constituted under section 3 of the kolkata metropolitan development authority act, 1972.2) on october 25, 2005, the respondent no.2 issued an advertisement inviting tenders from the experienced agencies for installation and maintenance of ..... waiver means abandonment of a right and it may be either expressed or implied from conduct, but its basic requirement is that it must be an intentional act with knowledge. there can be no waiver unless the person who is said to have waived is fully informed as to his right and with full knowledge of ..... 3. the following facts have been established from the materials placed before us by the parties:1) the appellant no.1 is a company incorporated under the companies act, 1956 and the appellant no.2 is one of its directors. the respondent no.1 is the state of west bengal represented by the respondent no.2 .....
Tag this Judgment!Court : Kolkata Appellate
Decided on : Jan-25-2011
1. The aforesaid two writ applications were ordered to be taken up analogously as the point involved in these writ applications are common.2. The husband of the writ petitioner was appointed as a teacher in Netaji Siksha Mandir R.P. School, Badamtola Palta, Dt. North 24 Parganas. Subsequent to the appointment he was promoted to the post of A category head teacher and thereafter competed the refresher course of basic training. The service of the deceased teacher was subsequently approved as head teacher in category A w.e.f. 20th December 1958. The said deceased teacher all along received all the payment as A category teacher till he died on 10th September 1971. The writ petitioner made an application on 6th October 1971 for extending the family pension. In the mean time a scheme was framed by the State of West Bengal namely West Bengal Recognized Non-Government Educational Institution Employees (Death-cum-Retirement-Benefit) Scheme, 1981 (hereinafter referred as DCRB Scheme 1981) which ...
Tag this Judgment!Court : Kolkata Appellate
Decided on : Jan-25-2011
..... .2003 and was released on bail on 16.10.2003. the said police case was initiated under 364, 302/34 of the indian penal code and also under section 25/27 of the arms act. the suspension order was passed on 21.1.2004 with a clear stipulation to have its effect retrospectively from 20.7.2003. the petitioner was found guilty .....
Tag this Judgment!Court : Kolkata Appellate
Decided on : Feb-11-2011
..... .p. no. 8 of 2008 (pacific healthcare (p) limited and another v state of west bengal and others) has drawn our attention to the above legislative history of section 39 of the act and the rules of 1995 and has taken us through the above decision to the tribunal dated 12th may 2000. he has argued that the impugned amendment of the ..... holding thus.: .65. we accept that the petitioners had an existing legal right to enjoy tax holiday for a period of five years under the preamended provision of section-39 of the 1994 act and that the said right was expressly curtailed and/or withdrawn by the impugned amendment on and from the date the said provision came into force. we also ..... appears from the subsequent amendments that if this situation were foreseen by the legislature, it would not treat these units as small scale units at all. but under section 39 of the act as it stood enacted, there was no bar on a small scale unit, whether it was set up by a person or body to manufacture its own goods with .....
Tag this Judgment!Court : Kolkata Appellate
Decided on : Feb-28-2011
..... of the said challans treating the rent to have been deposited by the petitioner, and not his deceased father. an application for condonation of delay under section 5 of the limitation act was also filed together with such application.6. the applications were taken up for consideration by the learned civil judge. by order no. 53 dated ..... story of mistake as set up by the defendants was false. in the instant case, apart from the fact that the deposits were in court under section 17(1) of the act, there is no such finding against the defendant and, accordingly, amiya prova das guptas case (supra) has no manner of application.*** (underlining for emphasis ..... at alipore. power to fix local limits of the jurisdiction of any civil court under the bengal, agra and assam civil courts act, 1887 has been conferred on the state government in terms of section 13 thereof. for administrative convenience, each civil judge (junior division) has been empowered to entertain and try suits arising within certain .....
Tag this Judgment!Court : Kolkata Appellate
Decided on : Mar-01-2011
..... persuasion of the complaint by the complainant.18. coming back to the present case, we find jayachandra lodging complaint for dishonour of cheques attracting mischief of section 138 of the negotiable instrument act. he, however, did not pursue such remedy. had he done so, it could have been compounded. be that as it may, he approached the ..... year 2003 and the amount covered by such cheating ran into crores. he alleged criminal conspiracy as against rafique.3. acting upon the said complaint the police arrested rafique and his companions and charged them under section 467/468/471/420 /120-b of the indian penal code. during the pendency of the said criminal case ..... criminal court through police alleging forgery and cheating. the offence under section 420 is compoundable with the permission of the court. hence, there was no impediment to .....
Tag this Judgment!Court : Kolkata Appellate
Decided on : Mar-07-2011
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
Decided on : Mar-15-2011
..... official accommodation. whether such overstay was authorized or not, was a subject matter of the dispute which was to be resolved in the said proceeding initiated under section 7 of the said act of 1971. whether such notice was rightly given or not, was to be determined in the said proceeding. if the petitioner or her husband felt that ..... appear that the involvement of brigadier was issuance of the said notice and obviously with a direction to serve it upon the addressee. if we look to the army rules we find that there is a provision for service of such notice by affixation. in course of hearing petitioner filed a supplementary affidavit enclosing xerox copies of ..... and stage did not come to discharge the accused by rejecting the complaint. he relied on a decision of this court reported in all india reporter (volume-37) 1950 calcutta page-339(lalmohan singh vs- the king)11. mr.kasem ali ahmed learned counsel appearing for the state adopted the argument made by mr moitra and contended that .....
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