Court : Kolkata
Reported in : (1999)2CALLT320(HC)
..... appointed by the state government against sanctioned post, but, the home guards are enrolled by the superintendent of police and there is no sanctioned post for them; (ii) the police force constitute regular service and the home guards are just some volunteers enrolled for some definite limited or specific purposes, (iii) the policemen are responsible for duties round the clock but the homeguards are daily ..... hence petitioners cannot claim that they are entitled to equal-work-equal-pay with the police; and (11) the home guards are never 'appointed' to any service but some volunteers are just 'enrolled' do some work, and, as per taw, they join hands to do the jobs voluntarily against allowance for expense and for that they ..... then again the argument of shri dutta that the home guards are 'enrolled' and, therefore, not 'appointed' to any service and that distinguishes them from police force, has no substance, as, the user of the term 'enrol' by subsequent amendment of the act, cannot divest the home guards from the benefit of their 'appointment' as 'member' of home guards, as already was conferred on ..... , which also are, to maintain public peace, to prevent commission of offences, public nuisances, to collect and communicate intelligence and apprehend all persons whom he is legally authorised to apprehend and for ..... legal framework of this country and was reiterated by the supreme court in the ruling reported in : (1984)illj314sc affirming the decision in : (1982)illj344sc (randhir singh v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1986Cal1,89CWN414
..... from the person holding the land and thereafter conduct a survey of land for the purpose of making a regular assessment.section 7 permitted the government by notification in the gazette to exempt wholly or partially the operation of the act in respect of any land or any class of land.the supreme court held that the said legislation was hit by the equality clause under article 14 of the constitution as there was no attempt at any classification and as ..... : [1979]1scr271 (supra) has clearly held that 'brick earth' like ordinary clay or silt or sand falls within the genus 'mineral' and has been validly notified under the act as minor mineral.the contention of the petitioners that clay, brick earth or silt deposits from rivers are not minerals and cannot be validly classified as minor minerals, therefore cannot be sustained ..... .......b)year ..........c) quantity of bricks earth extracted in eft.d) ratee) amount assessed to be payable .........i, sub-divisional land reforms officer, duly empowered to exercise power under section 21(5) of the said act, do hereby direct you to pay the said amounts of price of earth to the state bank of india ............ ..... (2) notwithstanding such repeal anything done, any action taken, any application made or any prosecution started under the said rules shall be deemed to have been done, taken made or started, as the case may be, under the corresponding provisions of ..... repeal and savings : (1) the east bengal minor minerals rules, 1959 are hereby repealed. .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)2CALLT430(HC),95CWN119
..... if the misconduct alleged against the delinquent officer is accepted to have been established, the punishment for removal from service cannot be held to unreasonable or arbitrary of shockingly harsh because the delinquent officer was financial controller of the company and a very high degree of integrity was expected of him ..... corporation of india reported in 1984(2) service law journal, 392. ..... sen has contended that in the departmental proceeding the evidence act is not applicable very strictly but the very basis of the charge made against the delinquent officer that he knowingly drew excess amount from the company by presenting a wrong bill changed at his ..... the delinquent officer, should be deemed to be in service all along and he is entitled to salaries and other emoluments as financial controller of the company after adjusting any payment made to him during the pendency of the writ proceedings and ..... sen is justified in his submission that although evidence act is not strictly applicable in a dicsiplinary proceeding, the offence or misconduct alleged against a delinquent employee must be established by some cogent evidence by which objectively a finding can be made about comission of the offence or misconduct alleged and ..... there was no justification on the part of the respondent company to initiate any disciplinary proceeding against the petitioner almost two years after the alleged incident and imposition of the punishment of removal from service was wholly unjustified.5. mr. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN842
..... of bringing the provisions of any law in force in the territory of india into accord with the provisions of this constitution, the president may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such ..... government], frame such orders and rules as he shall deem expedient relative to the organisation, classification and distribution of the police force, the places at which the members of the force shall reside, and the particular services to be formed by them; their inspection, the description of arms, accountrements and other necessaries to be furnished to them; the collecting and communicating by them of intelligence and information, and all such other orders and ..... the prayer of the petitioners is to pay adequate compensation to the victims of police firing on 14th of march, 2007, in view of the acts of omission and commission on the part of the state government and its officers and its failure to protect the people of nandigram and its surrounding areas. ..... union of india reported in : [1984]2scr67 , the supreme court observed as follows:.we find it incomprehensible that the state government should urge such a preliminary objection with a view to stifling at the threshold an enquiry by the court as to whether the ..... bank of cochin : [1980]2scr913 ; .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2011SC1254
..... the said petition, he had no knowledge that on 18th september, 2007, sadique hussain who was alleged one of the witnesses to the marriage allegedly lodged a complaint with human rights commission pointing out therein that on 17th september, 2007 someone from lal bazar over telephone allegedly held out threats to sri sadique hussain that he should go to lal bazar immediately or that sadique ..... police station to record the information referred to in sub-section (1) of section 154 any person can send the information to the superintendent of police concerned, who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the manner provided by the code, and such officer shall ..... we should bear in mind that an enquiry under the commission of inquiry act is ordered only in respect of a 'definite matter of public importance' as indicated in section 3 of the commission of inquiry act and thus, the state government itself considered the ..... be used as charge sheet or whether the cbi was authorized to make such recommendation of punishment to the employer of the some of the respondents, when there is specific service rules for taking action in the departmental proceedings prescribed in this regard. 50. ..... enquiry into the matter and came to learn that about ten organisations including apollo tyres, allahabad bank, britania industries ltd. ..... 1984 ..... 1984 .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN298
..... joseph : [1964]2scr87 , their lordships of the supreme court have indicated that the test applied for determining repugnancy under article 254 of the constitution may be applied for solving a question of implied repeal and that it should be seen '(1) whether there is direct conflict between the two provisions; (2) whether the legislature intended to lay down an exhaustive code in respect of the subject-matter replacing the ..... pfa act that should have been commissioned into service against ..... bhattacharjee invokes the doctrine of casus omissus to argue that it was only in the standard chartered bank that the majority view held that even though company cannot be sent to prison as it is impossible to do so, it can be visited with fine and in spite of mandatory imprisonment provided in the statute, company ..... as has been observed in paragraphs 7 and 8 of the decision in standard chartered bank, there is no doubt that a corporation or a company can be prosecuted for an offence punishable under law, whether it is coming under ..... or guilty mind is concerned, i have discussed the point in the preceding paragraphs with reference to the observation of the supreme court in standard chartered bank and the observation in treaties of craies on statute law. ..... but in view of the observations in standard chartered bank (supra) and the general principles of law as have been quoted from the treaties of craies on statute law and having regard to the factualities of the case i am of the judgment that the .....
Tag this Judgment!Court : Kolkata
Reported in : 1995(79)ELT33(Cal)
..... who might have possessed experience of work relating to clearance of goods through the customs for a period not less than one year and the applicant has financial viability supported by a certificate issued by a scheduled bank or such other of the value not less than one lakh in the case of applicants for the grant of licence in respect of any one of the customs stations at bombay, calcutta, madras, cochin, ..... lack of expertise will cause severe hold up in export shipments and import clearances with the existing standard of morals inside the services and with the influx of a large number of undesirable elements as customs house agents will result in large scale evasion of ..... the applicant (i) has the experience of work relating to clearance of goods through the customs for a period of not less than one year and (ii) has financial viability supported by a scheduled bank or such proof acceptable to the collector of customs, calcutta evidencing possession of assets of the value of not less than one lakh.26. ..... date was fixed in this behalf as a consequence thereof the respondents have acted illegally in issuing a public notice on 9th april, 1984 inviting fresh applications on the basis of the new regulation. ..... on the business on the basis of the old regulations and that the old regulations have been repealed and a new regulation had been promulgated in the year 1984. ..... it is well within the jurisdiction of the authority concerned to change the regulation and/or to repeal the regulation. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1983Cal14
..... the learned judge also considered various decisions relevant to the point as will appear from his judgment and upon such consideration his lordship held that so far as this court is concerned section 80 of the railways act did not affect the jurisdiction of this court to try suits against the railway where any part of the cause of action had arisen within the original jurisdiction of this court and leave was obtained ..... do not possess the full bundle of the rights of the consignor can make a valid pledge by bona fide transfer of documents of title and the same is true of owners with defective titles;(c) construing section 180 of contract act, the supreme court held that a pledgee has the same remedy as the owner of the goods would have against a third person for deprivation of the said goods or injury to them.'19. ..... , advance of a loan, the execution of promissory notes and the endorsement of the railway receipts together formed one transaction, and their combined effect was that the bank was in the control of the goods consigned under the said railway receipts. ..... therefore, where it is doubtful whether the special statute was intended to be repealed by the general statute the court should try to give effect to both the enactments as far as possible. ..... 1, ganpatrai sagarmull acted as a commission agent of the respondent no. 2, k. p. ..... after service of the due notices under section 77 of the railways act, 1890 and section 80 of c. p. c. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2009Cal97
..... aggrieved parties--particularly students of schools, colleges, universities and other academic institutions, as also participants of various selection examinations conducted by the appropriate bodies for recruitment to public service alleging wrong, improper or unfair marking and gross negligence in the assessment of their written performances which, according to them, ultimately hamper their academic and career progress substantially. ..... information' is recognized to be embedded in and/or is a corollary to the fundamental right of 'freedom of speech and expression' as guaranteed under article 19(1)(a) of the constitution of india; however, the rti act has streamlined and harmonized the various conflicting interests arising out of such right and the provisions thereof have only set down the modalities and procedure through which such right could be exercised by ..... reference was also made to section 18(4) of the rti act to contend that the central government commission or the state information commission has the right to examine any record which is under the control of a public authority and ..... the rti act has been enacted by the parliament, while repealing the 2002 act, for setting out the practical regime of right to information with a view id creating environment of transparency land sharing of information and provide every indian citizen the basic ..... of bombay reported in : 1984(2)scale128 the examine had challenged ..... in canara bank (supra), ..... in : air2007ker225 canara bank v. .....
Tag this Judgment!Court : Kolkata
Reported in : [1994]205ITR126(Cal)
..... ; (b) in the case of assets acquired before the previous year, the actual cost to the assessee less all depreciation acutally allowed to him under this act ; or under the indian income-tax act, 1922 (11 of 1922), or any act repealed by that act, or under any executive orders issued when the indian income-tax act, 1886 (2 of 1886), was in force : provided that in determining the written down value in respect of buildings, machinery or plant for the purposes of clause (ii) of sub ..... the meaning of the provision is that the expenditure incurred by a company, with the exception of a banking company or a financial company, by way of interest on deposits received by it is disallowable to the extent of 15 per cent. ..... the case, as stated by the tribunal for determination of the question, refers to a letter dated september 28, 1984, addressed by the assessee to the assessing officer wherein the question of disallowance of interest was purportedly explained by the assessee. ..... the following passage occurring at the bottom paragraph at page 647 is worth quoting 'depreciation allowance has been allowed to be deducted from the assessable profits of an assessee under section 10(2)(vi) of the 1922 act, corresponding to section 32 of the 1961 act, it would appear fromthe report of the taxation enquiry commission, 1953-54, vol. .....
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