Court : Kolkata
Decided on : Jun-15-2005
Reported in : AIR2005Cal332,2005(3)ARBLR548(Cal),2005(4)CHN279
..... , the hon'ble single judge held:'section 16 of the act contemplates that arbitral tribunal is competent to rule on its own jurisdiction including ruling on any objection with respect to the existence or validity of the ..... was made by the appellant which was rejected.5. in the impugned order, the hon'ble single judge of this court rejected the application under section 34 of the act, holding against the appellant/ petitioner on all these points. on the issue of composition of the arbitral tribunal and award of compensation on excepted matter ..... appellant, being union india v. m.p. gupta (supra), a. mohammad yunus (supra), m. d. army welfare housing organisation (supra) and sikkim subba associates (supra) pertained arbitration act, 1940, which did not have a provision similar to section 4 of the aca 1996. in the case of m. p. gupta, jurisdictional point appeared to have been .....
Tag this Judgment!Court : Kolkata
Decided on : Oct-07-2005
Reported in : 2006CriLJ1647
..... of pains in taking us through the affidavits and the reply and submitted that in view of section 106 of the army act, 1950 (for short, the said act) the purported gap of the proceeding (annexure-r4) shows that the provisions of the said act was not properly followed. he referred to the decision of virendra kumar v. the chief of ..... the army staff, new delhi air 1986 sc 1060, and submitted that desertion and absence without leave are two ..... distinct procedures. in this context he referred to the provisions of section 106 of the said act and submitted that the two aspects, i.e. desertion and absence .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-07-2005
Reported in : (2005)3CALLT425(HC)
..... subleting, assigning or parting with possession' in favour of any third party. needless to mention that the delhi high court was also considering the provisions under section 14(1)(b) of delhi rent control act 1958.42. it is by now well known and well-established that to prove a case of sub-tenancy or subleting, the court has to consider whether ..... , netai without the consent of his landlord arun in writing illegally created a sub-tenancy in favour of one sri paritosh chakraborty within the meaning of section 13(1)(a) of the west bengal premises tenancy act 1956. netai being the only defendant and the tenant of the suit premises contested the said suit by filing his written statement to which i .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-23-2005
Reported in : 1(2006)CLT379
..... . 9).20. mr. bhattacharya contended that since no contemporaneous statement was recorded prior to the said recovery of money and ornaments, the recovery itself is inadmissible in evidence. section 27 of the evidence act prescribes two limitations for determining how much of the information received from the accused is provable against him viz. (1) the information must be such as has caused ..... be relied on. furthermore, the evidence simpliciter that an accused led a police officer and pointed out the place where the incriminating articles were hidden is admissible as conduct under section 8 of the evidence act irrespective of whether any statement of the accused was contemporaneously with or antecedent to such conduct falls within the purview of .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-11-2005
Reported in : AIR2006Cal6
..... person who was neither a sapinda nor samanidaka not to speak of any heir, in an application for grant of letters' of administration of a deceased under section 218 of the said act made by a stranger. it appears therein that this was allowed on the premise that the caveator had relationship with the family of deceased. therefore, it ..... the time of granting probate or letters of administration with the copy of the will annexed, as the case may be.39. the words mentioned in section 283 sub-section (1)(c) of the said act, 'all persons claiming to have any interest' are to be understood in slightly liberal sense. in my considered opinion, for issuance of citation, nature ..... paternal cousin of m. p. birla who was the husband of the deceased lady. the lady died issueless, therefore, following the rule of succession as provided in section 15 of hindu succession act, 1956, read with schedule thereto the property will go firstly to the two sisters of m. p. birla. but under the rule of succession g.p. .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-20-2005
Reported in : (2005)1CALLT511(HC)
..... assignee has a prominent part to play in case the debtor is declared insolvent. part-ii of the act starting from section 9 and ending with section 45 deals with proceeding from act of insolvency to discharge act of insolvency. and section 25 which deals with protection order comes within that chapter. on perusal of the said chapter it appears ..... stayed until the insolvency proceeding against the petitioner be finally disposed of. it is also mentioned in the application that in terms of the provisions of section 25 of the act the petitioner-debtor is entitled to protection against arrest or detention.3. it is stated in the report of the official assignee that on the ..... by its order dated 10.9.2003 allowed the insolvency case declaring the petitioner insolvent. it is claimed that in terms of the provisions of section 18 of the presidency towns insolvency act, 1909, the court may at any time after making of an order of adjudication stay any suit or other proceedings against the insolvent before .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-14-2005
Reported in : 2005(2)CHN468
..... the university to which the college is affiliated, within a fortnight from the date of such order. on a purposive and meaningful interpretation, section 11(2) of the said 1975 act must be construed to confer implied power on the vice-chancellor of the affiliating university to interfere with an order of suspension, as otherwise ..... body of a college has the power to suspend teachers, including the principal, in the circumstances, contemplated in section 11(1) of the said 1975 act. exercise of the power to suspend under section 11 of the 1975 act is, however, discretionary and not mandatory. the governing body may not, therefore, suspend a teacher, notwithstanding existence ..... body of a college to suspend a teacher is not unfettered and cannot arbitrarily be exercised. even if the circumstances specified in sections 11(1)(a) and 11(1)(b) of the 1975 act exist, the governing body must consider the question of whether suspension of the concerned teacher is really necessary. furthermore, the .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-07-2005
Reported in : 2005(3)CHN337,2005(5)CTC161
..... overruling debasis dutta (supra) :38. the 1969 rules have since been framed by the state government in exercise of power conferred upon it under section 45 of the 1963 act, whereas the guidelines were issued in terms of rule 28 of the 1969 rules so framed by the director. rule 28 provides that the committee ..... visweshwara rao, reported in : (1997)illj56sc , was placed.7. the provisions of the statute the employment exchanges (compulsory notification of vacancies) act, 1959 and particularly sub-sections (1) and (4) of section 4 thereof were placed for the purpose of showing that requirement of the said statute is only for sending intimation to the employment exchange before a ..... have been referred to by the petitioners.11. argument has been advanced relying on the provisions of law as contained in sections 27 and 45 of the west bengal board of secondary education act, 1963 pointing out that the said law and the procedure framed thereunder in the year 1995 dealt with both teaching and non .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-05-2005
Reported in : (2005)3CALLT404(HC)
..... w) of 1993 (sri rudal singh and ors. v. union of india and ors.).6. advocate for the respondents says that in view of provisions of the railways act, 1989, section 147 [or removing the petitioners and other occupants of the area which is admittedly a railway land, there is absolutely no reason to initiate any proceeding under the 1971 ..... railway by any railway servant or by any other person whom such railway servant may call to his aid.'8. any person, referred to in sub-section (1) of section 147 of the railways act, 1989, is he who. 'enters upon or into any part of a railway without lawful authority, or having lawfully entered upon or into such part ..... occupants.13. by employing article 21 of the constitution of india, as has been sought by advocate for the petitioners, neither the scope of provisions of section 147(2) of the railways act, 1989 can be enlarged or curtailed, nor can a fundamental right of the unauthorised occupants be canvassed and enforced. in my opinion, courts must not .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-19-2005
Reported in : 2005(4)CHN716
..... undue influence. he, thus, prays for dismissal of the appeal.9. after hearing the learned counsel for the parties and after going through the provisions contained in section 13b of the act, we find that under the scheme of the said provision, after filing of a joint application the same should be further placed for hearing 'on the motion of ..... appear and jointly move the application.3. the facts giving rise to filing of this appeal may be summed up thus:on 23rd september, 2003 an application under section 13b of the act was filed by both the parties and the court fixed on 27th july. 2004 for hearing. subsequently, on 23rd april, the husband filed a petition with the ..... of granting relief exists, a court is not competent to grant such relief. therefore, if the requirements of section 13b(2) are not satisfied, it is preposterous to suggest that by taking aid of section 23(1)(bb) of the act, the court should ex parts decide whether any force, fraud or undue influence had been exerted at the time .....
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