Court : Kolkata
Reported in : 2007(3)CHN121
..... authorities of national institute of homoeopathy had ample opportunity to consider the documents and certificates submitted by the petitioner which revealed the fact that the petitioner was an internee from 26th september, 1984 onwards, thereafter the petitioner underwent the post-graduate course in rehabilitation for one month in the year 1985 and thereafter did his master of science in physiology from the calcutta university, from ..... asok kumar das was a honorary lecturer.that he had suppressed the abovementioned facts which if highlighted would have alerted the administrative authorities to the fact that act of 7 years teaching experience that he had claimed, he himself was a student for the period of 2 years at agartala life science university and a year as an internee at calcutta homoeopathy medical college & hospital. ..... the explanation of the tea board has been that there was a central vigilance commission investigation, and a report of the investigation, and as a result of that report of investigation, the departmental proceeding was started.the writ petitioner is not to know when the vigilance officers will be active or when ..... even though the petitioner might have been rendering honorary service as teacher between the period from the 1984 to 1987 that could make no difference since the petitioner had admittedly been employed as full time lecturer of a recognized institution ..... the report of the central vigilance commission, whenever might it come cannot override the mandates .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(2)CHN660
..... banerjee while categorically submitting that the petitioner was not in service on the date of alleged commission of the offence.12. ..... paragraph 4 of the said complaint reflects the status of the accused while specifically mentioning that all the accused persons at the time of commission of the alleged offence were in charge of, and responsible to, the accused no. ..... reported in 2007(1) supreme 239, held that 'with a view to make a director of a company vicariously liable for the acts of the company, it was obligatory on the part of the complainant to make specific allegations as are required in law. ..... therefore, only persons who can be said to be connected with the commission of a crime at the relevant time have been subjected to action.'21. ..... it was the categorical assertion of the learned counsel for the opposite party that if the allegations made in the complaint and evidence collected support the allegation of commission of offence, there can be no scope for quashing (ref: n. ..... all the accused persons at the time of commission of the alleged offence were in charge of, and responsible to, the accused ..... enterprises private limited, lodged a complaint before the chief metropolitan magistrate, calcutta, alleging commission of offence punishable under section 138 of the negotiable instruments act by the petitioners. ..... 133968 dated 30.9.2003 was drawn on united bank of india, calcutta branch for an amount of rs ..... 15,12,000/- was drawn on united bank of india, calcutta branch in favour of the o.p .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1987Cal326,(1987)1CALLT371(HC),92CWN72
..... piece of legislation for vesting of thika tenancy lands and temporary or kutcha structures thereon and for regulation of suchlands and structures and the title of the act and the provision for repealing the calcutta thika tenancy act, 1949 also conform to such intention and purpose of the impugned legislation, khatal lands held on lease even if such lands do not comprise thika tenancy ..... minority protected under article 26 of the constitution to own property and to administer such property and/or to establish and maintain institutions for religious and charitable purpose cannot be taken away by the impugned act and further if the temples and/or the sheba puja of the deities cannot be maintained because of taking away of such property without providing for permanent annuity, the purpose of the trust is ..... structures used as a 'khatal' are intended to be vested and if in addition to such lands 'other lands' unconnected with thika tenancies are also to vest under section 5 of the impugned act as sought to be contended by the learned additional advocate general, by giving a wide import to the aforesaid expressions such vesting of various categories of lands and structures will lead to a result in some palpable ..... of property by exercise of police power takes place by way of punishment for commission of any offence and in the instant case the question of deprivation of property ..... in : air1975sc2037 (sic) and : [1984]150itr648(sc) . mr. ..... in : air1986sc302 and : [1984]2scr693 . mr. ..... 1984 .....
Tag this Judgment!Court : Kolkata
Reported in : (1991)2CALLT214(HC)
..... purposes of sections 5, 21, 83, 100, 101, 103, 104, 121 122, 125 and 137, sub-section sections (1) and (2) and section 138, the expression 'railway servant' includes a person employed upon a railway in connection with the service thereof by a person fulfilling a contract with the railway administration'.as already noted, according to the ratio of the lahore and the calcutta decisions, approved by the supreme court as noted above, providing meals and refreshments' to the ..... , (c) the finished products were used for the purpose of the establishment and (d) the workmen were broadly under the control of the establishment and ruled that if the livelihood of the workmen substantially depended on the services rendered by them for the benefit and satisfaction of the establishment, 'the absence of direct relationship or the presence of dubious intermediaries or make-believe trappings of detachment from the management, cannot snap the real-life bond ..... the cause of action arose when the preceding indian railway act of 1890 was in operation, which has been repealed and replaced by the new railways act of 1989 with effect from 1st june, 1990. ..... the railways wanted to run the centre and engage surplus staff from other places, as would be evident from the letter of 9th march, 1984 which is the letter under challenge in the writ petition. ..... that is why this court in two division bench decisions in state bank of india v. a. k. .....
Tag this Judgment!Court : Kolkata
Reported in : [1987]165ITR558(Cal)
..... (3) whether, on the facts and in the circumstances of the case and having regard to the fact that the assessee-company itself included commission paid to its directors for the purpose of disallowance under section 40(c) of the income-tax act, the tribunal was justified in upholding the decision of the commissioner of income-tax (appeals) in entertaining the ground of appeal of the assessee claiming exclusion of commission for working out the disallowance under section 40(c) of the income-tax ..... 42,284 made on account of fluctuations in the exchange rate of dollars, at the time of repayment of the dollar loan raised from exim bank and icici, respectively, for purchasing machinery from abroad was a capital expenditure and not an allowable revenue expenditure ? 2. ..... in that case, a division bench of the madras high court considered section 35b(1)(b)(iii) of the income-tax act, 1961, and held that weighted deduction under the said clause of the section would be available only in respect of expenses incurred outside india and not in respect of any expenditure incurred in india if the distribution of ..... (vi) furnishing to a person outside india samples or technical information for the promotion of the sale of such goods, services or facilities.' 21. ..... engineering works : [1984]149itr297(delhi) . ..... 's case : [1984]146itr425(mad) , the madras high court considered the claim for weighted deduction made under section 35b(1)(b)(iii) and not under other clauses in the said ..... cit : [1984]146itr425(mad) .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)3CALLT147(HC),2008(3)CHN1
..... (g) composition of committee: the committee (for consider-ing promotion) shall consistof the following persons, namely-i) the chairman of the concerned regional rural bank-chairmanii) a director nominated by the sponsor bank-memberiii) a director nominated by the national bank-membernote : if none of the members of the committee belongs to scheduled castes/scheduled tribes, the board may nominate a person belonging to schedules caste/schedules tribes as an additional member and such person shall ..... held that as the criterion for making promotion from the post of clerk to that of field supervisor was seniority-cum-merit but the bank did not follow the criterion of seniority-cum-merit but made promotions on the basis of merit-cum-seniority, the promotion was vitiated and ..... an unrestricted choice of the best available talent, from amongst eligible candidates, determined by reference a reasonable criteria applied in assessing the facts revealed by service records of all eligible candidates so that merit and not here seniority is the governing factor.11. ..... purpose of adjudication of the issues raised in this appeal, relevant provisions of the regional rural banks (appointment and promotion of officers and other employees) rules, 1998 are required to be taken ..... governed by the regional rural banks (appointment and promotion of officers and other employees) rules, 1998 framed under the regional rural banks act, 1976.2. ..... committee for considering the commission has been mentioned in clause .....
Tag this Judgment!Court : Kolkata
Reported in : 1991(53)ELT234(Cal)
..... construction of the statutory language is matter of law or it has arrived at a finding based on no evidence or where the finding is in, consistent with the evidence or contradictory of it or it has acted on material partly relevant and partly irrelevant or where the tribunal draws upon its own imagination, imports facts and circumstances not apparent from the record or bases its conclusions on mere conjecture or surmises or where ..... value, that is, the wholesale cash price or the normal price of the goods charged by the manufacturer to his customer as per section 4 of the central excises and salt act under the standard weights and measures (packaged commodities) rules, 1977, the manufacturer was bound to print either a maximum price exclusive of local tax or a maximum retail price on the cigarette packet. ..... be inclusive of all other taxes other than those specified in sub-clauses (i) and (ii) and shall also be inclusive of commissions payable to wholesale dealer and retail dealer and all other charges including advertisement, delivery, package, forwarding and the like.explanation ii ..... short payment or erroneous refund of excise levy has taken place because of fraud, collusion or any wilful misstatement or suppression of fact or contravention of any of the provisions of the act or the rules with intent to evade payment of duty, then the collector of central excise will have jurisdiction and the period of limitation of six months will stand extended to five years. ..... service ..... 475 1984-85 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal55
..... bench held that a city, town or village at large might be taken to be a specified place within the meaning of sections 64 & 69, negotiable instruments act but presentment of the promissory note there would only be necessary or reasonably possible if the maker had a residence or place of business there or was found ..... that being so, it appears to me that no place is a specified place within the meaning of section 69, negotiable instruments act, unless the place is so described as to enable the holder of a note with reasonable certainty to go to that place & be able to find or search out the make or drawer of the note ..... 'later the learned judge observed :'i do not think that it was intended by proviso 3 (section 92, evidence act) to permit the terms of a written contract to be varied by a contemporaneous oral agreement, but having regard to the illustrations (b) & (j), i think the proper meaning of proviso 3 is that a contemporaneous oral agreement to the effect that a written contract ..... the learned judge pointed out that it was clear from section 46, negotiable instruments act, that as between parties to the note & any holder of the instrument other than a holder in due course, it could be shown that a negotiable instrument was delivered ..... however, if he makes a note payable at the imperial bank, strand road, calcutta, then such a note could not be presented at his business premises in ..... was agreed that for such services as well as previous services rendered to the firm of ..... commission .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1984Cal109,1984(1)CHN6
..... nor any business transaction has taken place within any of such depots or any services rendered to the customers therein, those depot premises of the said company could neither be described as 'commercial establishment', which under section 2(2) of the said act, means an advertising commission, forwarding commercial agency, or a department of a factory or of any industrial or commercial undertaking, an insurance company, joint stock company, bank, broker's office or exchange, and includes such other class or classes of concerns ..... rule which was obtained on 23-12-1977, challenging a notification dated 12-2-1975 under section 2(13), west bengal shops & establishments act, 1963 (hereinafter referred to as the said act) and the validity of certain provisions of the said act and the rule was made ready as regards service on 6-9-1968, nobody has either appeared for the respondents or taken any steps to file any affidavit-in-opposition on behalf ..... of undertakings as the state government may, after taking into consideration the nature of their work, by notification, declare to be commercial establishments for the purposes of this act, but does not include a shop or .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)3CALLT277(HC)
..... the learned counsel submitted that still then the circular dated 29/07/1990 is in the field and has not been repealed expressly or by necessary implication and had it been so, then such intimation would have been there in circular dated 01/11/ ..... applicability of the provisions of section 72 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 {hereinaller termed as the said act') or the concession of ten years age in favour of handicapped persons in recruitment to posts cannot be said to be ..... that regarding the age limit, reference may, be drawn to a government order dated 1st november, 1999 where it has been stated that the age limit for first entry into service of non-teaching staff in non-government secondary schools shall be 37 years.26. ..... the learned counsel then relied on the provisions of section 72 of the said act and the learned counsel laid stress on the definition of persons with disability as given in the said act and he submitted that a person with disability means a person suffering from not less than 40% and of any disabilities ..... a handicapped candidate or disabled candidate and he should get age relaxation and he should be declared eligible is to be tested on the basis of the said act, the said rules, recruitment guidelines and the government circular. ..... on a decision reported in : (1984)illj67sc [b.s. ..... he got his name registered in the district employment exchange office at contai, purba medinipore on 02/07/1984. .....
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