Court : Kolkata
Reported in : 2007(3)CHN461
..... it also appears from the contemporaneous documents being the letter dated november 17, 1981 issued by the banking service recruitment board (annexure r-4 to the affidavit-in-opposition) that while forwarding the names of the candidates approved by the recruitment board after the written test and interview their relevant papers were also ..... the petitioner also refers to the findings recorded by the inquiring authority which were sent to central vigilance commission, new delhi ('cvc' for short) and the advise tendered by the cvc for imposing the penalty of ..... was expressed that the only requirement of law is that the allegation against the delinquent officer must be established by such evidence acting upon which a reasonable person acting reasonably and with objectivity may arrive at a finding upholding the gravamen of the charge against the delinquent officer. ..... do not think that this was a correct way to appreciate the official letter sent by a statutory body like the bsrb as obviously there would be a presumption under section 114(e) of the evidence act to the act performed by the bsrb in describing the petitioner to be belonging to the scheduled tribe category.16. ..... of judicial review would not interfere with the findings of fact arrive at in the departmental inquiry proceedings except in a case of mala fides or perversity, that is, where there is no evidence to support a finding or where is such that no man acting reasonably and with objectivity, could have arrived at that finding. .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)2CALLT611(HC)
..... of the sponsored candidates only from employment exchange but same has not satisfied the condition precedent of applicability of the statutory provision under sub-section (3a) of section 54 of the said act, which provides that after identification of the posts, which to be selected by the municipal service commission, rest posts could be filled up by calling the candidates from employment exchange and/or following the methods as to be determined by the state government issuing orders to that effect, the ..... sub-section (3a), which provides that recruitment to the posts of officer and other employees not required to be made through the municipal service commission constituted under sub-section (1) of section 55, shall be made through the local employment exchange or through such other method as the state government may determine from time to time was not identified in respect of the ..... accordingly null and void, has no basis, as posts were not identified under concerned municipal act as posts whose selection would not be done by municipal service commission, a condition precedent to call names from exchange as per said statute.16. ..... [(3a) the recruitment to the posts of officers and other employees not required to be made through the municipal service commission constituted under sub-section (1) of section 55, shall be made through the local employment exchange or through such other method as the state government may determine from time ..... chairman, banking service recruitment board and .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)3CALLT460(HC),[2000(84)FLR780]
..... an advertisement published by the banking service recruitment board in may. ..... basis of the above, it was alleged that the petitioner had made a false declaration to the bank for securing an entry into the service of the bank in respect of a vacancy reserved for candidates belonging to the scheduled castes or scheduled tribes. ..... of the petitioner making a false declaration of her status, at the time of her entry into service, as held by the disciplinary authority and confirmed by the appellate authority, cannot be sustained. ..... case (supra), the respondents were firmly of the view that the petitioner's entry into service had been vitiated by misdeclaration of her status and she could not be allowed to continue in the service of the bank.20. ..... for stay of operation of this judgment made on behalf of the bank is considered and refused having regard to the observations made hereinabove.27. ..... while the petitioner was working at the jayanagar branch of the bank at bangalore, she was served with a notice dated 7th august, 1996, issued by the divisional manager (vigilance), informing her that although she had filed a certificate that she belonged to the marati tribe, ..... the hon'ble supreme court was called upon to decide an election petition under the representation of the people act, 1951, filed by one smt. ..... petitioner was called for an interview and was duly selected for appointment and on 27th january, 1984, she joined her duties as clerk in the branch office of the bank at jalsoor, karnataka.2. .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(2)CHN468
..... of a qualified permanent principal of a college appointed in accordance with the prevalent recruitment rules, on the recommendation of a statutory college service commission is not like that of an elected chairman or head of a body who holds office for as long as he enjoys the confidence ..... would be borne by the college; (2) receipt of donations from students and guardians during the financial years 2000-01, 2001-02 and 2002-03 in arbitrary manner without uniformity and without approval of the governing body; (3) acts of serious insubordination to the governing body and other higher authorities and distortion of facts in agenda and resolutions of governing body meetings and distortion in presentation of facts to other authorities; (4) violation of extant norms ..... it is, however, doubtful whether remarks of a private courier can be relied upon, since one courier, after attempting service of the notice on the principal at the college on 6th september, 2004, which was the day of janmastami, a day on which the college was admittedly closed, returned the ..... under section 11 of the west bengal college teachers (security of service) act, 1975, hereinafter referred to as the said 1975 act, the governing body of a college might place a teacher under suspension, where an enquiry against the teacher pending or is contemplated or where a case against the teacher in respect of any criminal offence involving ..... nadia gramin bank reported in ..... george, reported in 1984(1) labour law journal 512, on .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... servant concealing design to commit offence which it is his duty to prevent -- whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is ms duty as such public servant to prevent.voluntarily conceals, by any act or illegal omission the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design.if offence be committed -- shall, if ..... trade unions that the labour laws are inadequate, or that they call for revision or improvement then what should be done is to agitate for their amendment or repeal if employers do not carry out the order passed in industrial adjudications, there are procedures provided for their enforcement a maior complaint is delay in judicial ..... under common understanding to continue to work is a strike and if in pursuance of such common understanding the employees enter the premises of the bank and refuse to take their pens in their hands, that it would no doubt be a strike under section 2(q).the main grievance of the bank is that these employees not only sat in their places and refused to work but they would not vacate their seats, when they ..... certain workmen, gatherpd in pickets were walking down in a circle in the mouth of the main entrance of the factory extended into a service road which was a part of high-way two police constables were on duty outside the factory and thev saw the appellant teadine .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal1,71CWN719
..... 546 certain sections of the taxation on income (investigation commission) act, 1947 were challenged as being violatlve of article 14 of ..... (sc) it was held that after the amendment of section 34(1) of the income-tax act, even substantial evaders of income-tax came within its provision and the provisions in section 5(1) of taxation on income (investigation commission) act, 1947 also applied to such persons. ..... it was held that the power of selection was not unguided similar is the case in : [1957]1scr605 (supra) in the present case, it is true that the delegate of government need not proceed under the act in all cases but only where he thinks it neccs-sary but, this exercise of discretion is not unguided, because we have firstly the background of the enactment in the objects and reasons, the preamble, ..... the grounds specified must be something other than the service of a notice to quit and the expiry of its term, ..... decisions, the said act of 1958 was promulgated and came into operation on the 16-9-1958 it has been once repealed and amended by the repealing and amending act. ..... commission was given sweeping powers and could require any person or bank-ing or any other company to prepare and furnish written statements of accounts and affairs and to give information on such points or matters as the commission ..... 1984 a copy of the said notice is annexed to the petition and marked with the letter 'a' on the 20th april, 1964 the company, through one of its directors, objected to comply with the said .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1995Cal160
..... and according to para 13 thereof, the whole of his previous full pay commissioned service must count for pay, and that army instruction no. ..... of karnataka, reported in : air1985sc1495 the supreme court expressed its opinion on the issue of reservation which shall serve as a guideline to the commission which the government of karnataka proposed for appointment for examining the question of affording better employment and education opportunities to scheduled castes, scheduled tribes and other ..... banerjee, therefore, submitted that keeping in view the fact that by reason of the afore mentioned repeal of the act, legislature having expressed its mention of not reserving any seat for admission in the medical colleges on the basis of caste, the state could not have issued the impugned notification dated 30-5-92 in exercise ..... i/s of 1954 and his previous full pay commissioned service should be taken in the matter of 'ante-date' for the purpose ..... it may next he considered whether by saying that the new definition of 'tax recovery officer' substituted by s.4 of the finance act, 1963 'shall be and shall be deemed always to have been substituted' it could be said that by necessary implication or intendment the state government had been authorized to invest the officers mentioned in the notification with the ..... india, reported in : (1984)iillj481sc ; miss mohini jain ..... this connection, may be made to the cases reported in air 1980 sc 1230, : air1982sc1301 , : (1984)iillj481sc and : air1985sc1495 .12. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal290,68CWN410
..... no room for doubt that the plaintiffs had no interest in the goods and incurred no risk in their transportation, and that they were merely the shipping and forwarding agents of the owners of the goods remunerated by commission, and the railway receipts were delivered or sent by the owners to the plaintiffs in order to enable them to clear the goods from the railways and to ship them on behalf of the owners. ..... in ilr 38 bom 659 : (air 1914 bom 178) and air 1949 ep 190 it was held that an endorsee who is the commission agent of the endorser for the sale of the goods would acquire a sufficient interest in the goods entitling him to maintain a suit against the carrier for the loss or injury to the goods. ..... in accordance with the usual practice adopted by the bank and in order to avail himself of the merchants' services, the godown-keeper handed the railway receipt back to the merchants for the specific purpose of clearing the goods and storing them in the bank's godown. ..... 2(4) of the indian sale of goods act, 1930 held that a railway receipt which under its conditions of contract provides that delivery of the consigned goods is to be made upon the receipt being given up by the consignee or by a person whom he names by indorsement thereof is a document of title within the meaning of section 178 of the indian contract act, 1872 and a pledge of the railway receipts operated under that section (as it stood before its repeal in 1930) as a pledge of the goods .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2008Cal118
..... the commission thereafter proceeded to make a distinction between public examinations conducted by institutions established by the constitution or by any enactment like the union public service commission or universities or the central board of secondary education and examinations conducted by other public authorities whose principal function is not of conducting examinations but who hold examinations for filling up posts either by promotion or by recruitment ..... to thereafter subject an examinee to the usual process of appeal and second appeal, however time bound such steps may have been made under the said act, would be an exercise in futility in view of a decision of the central information commission which, if not binding on the ultimate appellate forum available to the petitioner, can be seen to be of such persuasive value that would render the right of appeal and second appeal, meaningless ..... the miscellaneous final chapter contains eleven sections, including section 22 that provides that the said act would have overriding effect; section 23 that bars jurisdiction of courts; section 24 that provides that the act would not apply to certain organisations; the transitional provision of the power to remove difficulties in section 30; and the repeal of the freedom of information act, 2002 in section 31.55. ..... the case of reserve bank of india v. ..... chand mahajan reported at : [1992]1scr917 , the supreme court quoted with approval from francis bennion's statutory interpretation (1984 ed. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal359,70CWN414,[1967]65ITR501(Cal)
..... of order v of the code could not be given affect to and should be ignored in considering the validity of the service by relying upon section 8(1) of the general clauses act, 1897 which is as follows:'8(1) where this act or any central act or regulation made after the commencing of this modification any provision of former enactment then reference in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be considered as references to the provisions so reenacted'.21. ..... the process server and the peon were informed that the respondent was at bidasar and there was no authorised agent to receive the service nor were the process server and the postal peon informed about any possibility of the respondent's return to her calcutta address within a ..... it is therefore clear that the respondent admittedly was absent from her residence at 20 mullick street at the time when the service was sought to be effected on her, and further that the postal peon and the serving officer were not informed about any possibility of her return at that ..... as it stands without the amendment, requires that the serving officer, should use due and reasonable diligence, and if thereafter he cannot find the defendant and there is no agent empowered to accept service of the summons, nor any other person on whom it ran be served, the serving officer shall affix a copy of the summons. ..... tax investigation commission : [1954 ..... this court in tripura modern bank ltd. v. .....
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