Court : Kolkata
Decided on : Jan-22-2002
Reported in : (2002)IIILLJ122Cal
..... the question is dependent on the existence of the certified standing order in respect of which presumption as to genuineness is available under section 79 read with section 114(e) of the evidence act which is rebuttable through adequate evidence, but which cannot be gone into or undertaken in exercise of writ jurisdiction to determine a disputed ..... accordance with law and in such a case such labour court or tribunal shall not be influenced by the observations made in this case.13. section 8 of the 1946 act requires filing of the certified standing order by the certifying officer in a register and also furnishing of copy of any person applying, therefor on ..... continues until the contrary is shown or proved. it is not contended that the officer or that he was not duly authorised. the presumption of genuineness under section 79 of evidence act is permissible only if the certified copy was executed substantially in the form and manner provided by law, bhinka v. charan singh, : 1959crilj1223 . in .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-28-2002
Reported in : [2004]269ITR338(Cal)
..... although orders of assessment for the said years were passed by the income-tax officer concerned, subsequently the income-tax officer issued notices under section 148 of the said act proposing to reopen the assessments in respect of the aforesaid assessment years.3. the present application under article 226 was moved before this court ..... challenging the said notices under section 148 of the said act contending, inter alia, that the income-tax officer was really harassing the assessee and there was no bona fide reason to reopen the assessments ..... year. both these conditions were conditions precedent to be satisfied before the income-tax officer could assume jurisdiction to issue a notice under section 148, read with section 147(a) of the said act.8. the supreme court of india in the case of ito v. lakhmani mewal das : [1976]103itr437(sc) observed that the .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-28-2002
Reported in : (2002)174CTR(Cal)343
..... although orders of assessment for the said years were passed by the income tax officer concerned, subsequently the income tax officer issued notices under section 148 of the said act proposing to reopen the assessments in respect of aforesaid assessment years.the present application under article 226 of the constitution of india was moved before ..... this court challenging the said notices under section 148 of the said act contending, inter alia, that the income tax officer was really harassing the assessee and there was no bona fide reason to reopen the assessments ..... that year. both these conditions were conditions precedent to be satisfied before the income tax officer could assume jurisdiction to issue a notice under section 148 read with section 147(a) of the said act.6. the supreme court of india in the case of ito & ors. v. lakhmani mewal das (supra) observed that the .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-20-2002
Reported in : (2003)1CALLT405(HC)
..... (respondent no. 7) to the chief sales manager.21. so in view of the facts and circumstances explained hereinabove, i am of the view that the respondents did not act fairly and the there was no reason to deny the promotion to the writ petitioner on the basis of the panel prepared in the year 1987. since there are sufficient ..... the batch-mates of the writ petitioner have already been given promotion to e2 grade and thereafter to 3 grade and so on. so it is rightly argued that the act of denial of promotion to the writ petitioner should be construed as arbitrary and unreasonable. in fact, there is no reason to deny the promotion to the writ petitioner ..... promotion on the basis of the said qualifying examination held in 1987 and there is also no indication that the panel was extended beyond one year or that the respondents acted malafide or with malice. it is also argued following the decision reported in : (1974)illj301sc (state of mysore v. c.r. seshadri & ors.) that order of promotion cannot .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-20-2002
Reported in : (2002)3CALLT384(HC)
..... or otherwise; (iv) habitual absence without leave, everstaying the sanctioned leave without sufficient ground or proper and satisfactory explanation of habitual late attendance; (v) commission of any act subversive of discipline or good behaviour in any public place such as drunkenness, riotous, disorderly or indecent behaviour, gambling or taking or giving bribes or any illegal gratification of ..... said by lord shaw of dunfermline in local government board v. arlidge ((1915) ac 138), of the authority there concerned it 'must do its best to act justly, and to reach just ends by just means. if a statute prescribed the means it must employ them. if it is left without express guidance it must still ..... act honesty and by honest means.' 7. in the instant case, it appears that no enquiry was held and no proceeding was initiated, hence, on application of .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-03-2002
Reported in : (2002)2CALLT220(HC)
..... of trustees and in the event of restitution being taken by the board empowering chairman to accord sanction for prosecution to an assistant provident fund commissioner under section 19 of the pc act, 1988 only the chairman can accord sanction but none else and according has prayed for discharging the accused person along with the ground for violation of ..... made by the learned senior advocate, duly assisted by shri s.s. roy and shri s. bhattacharya, to the fact that in view of section 5(d) of the employees provident fund act, 1952 as the sanction was not given by the proper authority, the sanction was totally bad and the prosecution could not be initiated on the ..... , sanction order and statements along with the case - diary and cognizance of the offence is taken in compliance of section 173(5) cr.p. code. issue summons against accused, b.k. samal under section 7 of prevention of corruption act, 1988.........'10. this was on 8.6.2000, the accused entered appearance on 28.8.2000 and was enlarged .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-08-2002
Reported in : AIR2002Cal242,(2002)2CALLT196(HC)
..... discharge of such liability will be on such owner of occupier. 56. from the above it is clear that the high court has chosen to construe section 24 of the electricity act correctly. there is no charge over the property. where that premises comes to be owned or occupied by the auction-purchaser, when such purchaser seeks ..... 55. 'in all the present cases the supply of electricity to a particular premises, which had the benefit of enjoying electricity, had been disconnected under section 24 of the electricity act. the auction purchasers want reconnection. the board says no; unless and untill the consumption charges in relation to that property which came to be incurred during ..... from november, 1985 to february, 1986 amounting to rs. 1,39,627.29 palse. such disconnection was effected upon due service of notice under section 24(1) of the indian electricity act, 1910 to the said corporation. the said corporation went into liquidation as a result of which the parcel of land appertaining to the said .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-13-2002
Reported in : (2002)2CALLT483(HC)
..... the learned trial court could have evoked more responsibility during the proceeding and elicited the actual truth if necessary by recourse to section 311, cr. p.c. or even section 165 of the evidence act but it appears the tidal bore of the evidence of opw no. 2 and opw no. 3 swept away the proceeding of misc. ..... ratio of the decision of jitender kumar jain v. state of delhi and ors. : : (1998)8scc770 and assessing the materials independently withoutattracting the wrath of sub-section (3) of section 397, cr. pc i find that the order passed by the learned trial court subsequently affirmed by the revisional court cannot stand and has to be set aside. ..... and any peremptory magisterial finding is always liable to be pruned by a civil court's decree and in that event a joyous delinquent husband has the recourse of section 127, cr. pc.26. gender justice requires that the malady of the destitute women should be handled with more sensitivity as the founding fathers of our constitution in .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-23-2002
Reported in : (2002)3CALLT515(HC),2002(4)CHN1
..... districts must be consulted regarding all proposals for erection of building and if he disregards, the reference must be made to the government of india in the army department before the proposal is sanctioned. the learned counsel for the state-respondent admitted that the degree of control of the central government is greater in the ..... bengal area custodian of the calcutta maidan on behalf of the government of india. it has been stated that in the past, when the commissioner of police acted in contravention of the existing orders, the matter was brought to the notice of the chief secretary, government of west bengal and the general secretary directed certain ..... petitioner no. 1 is a club known as hindusthan mitra club (hereinafter referred to as 'said club'). the said club is a society registered under societies registration act and the writ petitioner nos. 2 to 7 are members of the said club. the writ petitioners have challenged a show cause notice dated 22nd february 2000 issued .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-23-2002
Reported in : III(2007)BC595,(2004)3CALLT392(HC)
..... of this court, (b) the balance of convenience is against trial of the suit in this court, (c) since defendant 3 acted for disclosed principals, the suit against it is hit by section 230 of the indian contract act, 1872 and (d) it is a vexatious litigation. mr. jayanta mitra, senior advocate appears for the plaintiffs. his contention is ..... agent of defendants 1 and 2, and hence defendant 3 cannot be sued for damages for breach of the contract, because it acted for disclosed principals. he has relied on section 230 of the indian contract act, 1872, and the decision in raghunath jha v. kesori lal and ors. air 1934 patna 269(db).22. in reply, mr. ..... car manufactured by hindustan motors, an indian company.3. the circumnavigation was recorded in the guinness book of records as the first and fastest one. since a british army team broke their record, in 1991 they undertook the circumnavigation for the second lime, and this time in a nissan sunny car manufactured by nissan motors (gb) limited .....
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