Court : Kolkata
..... learned senior counsel and mr.dhruba ghosh, learned counsel submitted that it is implicit from the definition of thika tenant both under 1981 act and the 2001 act that it relates to the land and not to the structure as the definition under section 2(14) of the 2001 act refers to a person who occupies land under another person and has erected any structure including pucca structure on such land for residential, ..... of or the section 27 of the west bengal thika tenancy (acquisition and regulation) act, 2001 (repeal and saving clause) does not apply to a decree passed in a suit filed after the west bengal thika tenancy (acquisition and regulation) act, 2001 came into force. ..... ; when a special statute gives a right and also provides for a forum for adjudication of rights, remedy has to be sought only under the provisions of that act and the common law court has no jurisdiction; where an act creates an obligation and enforces the performance in specified manner, performance cannot be forced in any other manner . 11. ..... memorandum the of february 1980 and the lease dated 7th learned agreement april 1984 as advocate dated 5th also the sanctioned plan of kolkata municipal corporation and argued that all these documents would reveal that the old two storied building was ..... in jagmittar sain bhagat & ors.versus director, health services, haryana & ors.reported at (2013) 10 scc136in paragraphs 9 to 11, the hon ble supreme court has dealt with this aspect of ..... united commercial bank ltd.v.workmen; .....
Tag this Judgment!Court : Kolkata
..... ble justice debi prasad dey, but was released by an order dated 16 th july, 2015, since the hon ble justice debi prasad dey had, prior to his elevation, been the registrar (judicial service), and the enquiry officer in the disciplinary proceedings initiated against the writ petitioner, and by an order dated 27 th july, 2015 the hon ble the chief justice assigned the appeal along with the ..... cannot be left to the vagaries of management to say ex post facto that some acts of omission or commission nowhere found to be enumerated in the relevant service rules (standing orders), is nonetheless a misconduct not strictly falling within the enumerated misconduct in the relevant service rules but yet a misconduct for the purpose of imposing a penalty ..... postponing the future increments of his pay; (ii) reduction to a lower time scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the judicial officer to the time scale of pay, grade, post or service from which he was reduced, with or without further direction regarding conditions of the restoration to the grade or post or service from which the judicial officer was reduced and his seniority and pay on such restoration to ..... proceedings having been set aside, the writ petitioner shall be entitled to all consequential benefits, including confirmation in service with effect from the date on which she would have been confirmed, but for the disciplinary proceedings ..... labour court, meerut & others reported in (1984) 1 scc1 cited by mr .....
Tag this Judgment!Court : Kolkata
..... counsel also referred to a letter dated 21 march, 2011 written by the same officer of kmc to the army authority wherein it was stated, inter alia, that although the kmc act, 1980 came into force in the year 1984, even after expiry of almost two and half decades, no official communication has been received from your end restraining sanction of building plan within the hastings area . ..... arijit banerjee, j:(1) the writ petitioners/appellants approached the learned single judge by filing wp no.704 of 2012 seeking a declaration that sections 628 and 629 of the kolkata municipal corporation act, 1980 (in short the kmc act ) are ultra vires the constitution of india and for a writ of prohibition prohibiting the respondent no.4 (union of india) from insisting on exercising its right under the said sections ..... india, the west bengal pollution board control, kolkata police, west bengal fire services, international airport authority, bharat sanchar nigam limited, and survey of india. ..... his assent, prevail in that state: provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state. . ..... -bank of commerce, khulna, air1947pc60 the privy council held that a state law dealing with money lending (a state subject under the government of india act, 1934) is not invalid merely because it incidentally affects promissory notes (union list, .....
Tag this Judgment!Court : Kolkata
..... was the base rate offered by the said branch of the respondent, it was approved in a resolution of the investment committee of the petitioner and appros the same an instruction was given to bank of india, corporate banking branch being the petitioner s banker to transfer the said amount from the existing over draft account to the account number provided by the respondent in the said letter dated 30th august 2012. ..... the benefit of the fraud, and the case where he does not, is that in the latter case the principal is liable for the wrong done to the person defrauded by his agent acting within the scope of his agency; in the former case he is liable on that ground and also on the ground that by taking the benefit he has adopted the ..... at calcutta ordinary original civil jurisdiction g.a.2552 of 2013 c.s.169 of 2013 west bengal infrastructure development finance corporation limited -vsuco bank before: hon ble justice harish tandon mr.jayanta kumar mitra, mr.s.n.mookherjee, mr.tilak bose, ms.vineeta maheria, mr.s.bhattacharya, mr.ashok ..... those conditions, the petitioner created various term deposits and recurring deposits in various banks for maintaining sinking funds and during the financial year 2011-2012 several deposits were made in different banks to the tune of 3,872.82 crores having maturity value as on 31st march ..... axis bank ltd.and axis trustee services ltd.are the bond trusties in respect of ..... by the state commission, which was affirmed by the national commission in revision. .....
Tag this Judgment!Court : Kolkata
..... not in agreement with learned advocate for the plaintiff that the complaint was filed before the state commission for deficiency in service by the defendant bank by not providing the details of the debit entries by it in the rob a/c. ..... 28.02.1997 is illegal, void and not binding on the plaintiff?.7) is there any sum realizable by the defendant from the plaintiff?.8) whether the plaintiff is entitled to a decree of permanent injunction restraining the defendant bank and its servants, officers or agents from enforcing or realizing from the plaintiff any sum or part thereof in respect of the said rob account no.404 or taking any steps against the plaintiff in any way ..... whether the issues involved with this suit were same in the proceeding before the said forums.thus, the entire proceedings, findings inter se between the parties arising out of the invocation of the said act, by the plaintiff are of consequence and any way take away the jurisdiction of suit is the issue to be decided by this court and for that the decisions held by the said forum and ..... customers and the customers could encash and obtain refund which the plaintiff agreed to pay to them within six months of the date of issuance thereof and made arrangement with the defendant bank and on 14.1.1984 opened with the stephen house branch of the defendant bank, a cash credit account bearing no.400016 with a limit of rs.9 crores and also a customer refund account no.404 in the name of the customers of the plaintiff (referred to .....
Tag this Judgment!Court : Kolkata
..... while none of the applicants has the locus standi to challenge the decrees or their executability and their applications are not maintainable u/s 446 of the act or under any other provision of the companies act, surender kumar is certainly interested in the proceedings for the realisation of the amount by the bank by the disposal of the assets of the company because on the amount realised would depend the quantum of the shortfall which he would be bound ..... for explaining what would constitute fraud, and it has been argued drawing my attention to paragraph 35 of the report that detection/discovery of commission fraud at a much belated stage may not be sufficient to set aside to set aside a judgment procured by perjury. ..... complained that the notice of the proceeding was not given at the registered office of the company but was sent to 11, brabourne road, even though affidavit-of-service pertaining to the said proceeding made by the advocate-on-record of bccl showed service thereof to have had been made at 6, ram gopal ghosh road kolkata. ..... the records reveal that on 4th may, 1984 the following order was passed by the court:- the official liquidator is directed to take formal possession of the company and make an inventory of the assets and records of the company and the books ..... would be indicated from the following words in the letter dated 21-04-1984 signed for and on behalf of bccl by mr. p. r. ..... 90 of 1983 passed on 27th august 1984, 3rd april 1985, 1st october 1986 and 7th may .....
Tag this Judgment!Court : Kolkata
..... whether any amount awarded by an arbitrator on account of damages in respect of a head of claim covered by a prohibitory or no-damage clause in the agreement would be liable to be set aside in a challenge under section 34 of the 1996 act as being contrary to the substantive law in force in india or as being in conflict with the public policy of india or on the ground of it being patently illegal or falling foul of the judicially acknowledged tests of perversity or ..... mistake and may rule against the applicability of a prohibitory clause in a particular set of circumstances; but that, by itself, would not be amenable to correction by a court in a challenge under section 34 of the 1996 act, unless it is found to be in conflict with the public policy of india or, under the newly incorporated section 34(2-a) on the ground of patent illegality or the judicially acknowledged strict grounds of perversity or shocking to ..... the parties whereunder the contractor has undertaken not to make any claim for delay in performance of the contract occasioned by an act of the employer, still a claim would be entertainable in one of the following situations: (i) if the contractor repudiates the contract exercising his right to do so under section 55 of the contract act, (ii) the employer gives an extension of time either by entering into supplemental agreement or by making it clear that ..... of the impugned judgment on loss of profit and the dictum in the judgment reported at (1984) 4 scc59(a. t .....
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