Court : Kolkata
Reported in : (1994)2CALLT472(HC),I(1995)DMC401
..... , the wife having good reason for leaving her matrimonial home specially in view of the fact that her liner sentiments and susceptabilities as educated and cultured lady was mortally wounded by the acts of her husband's parents-in law and specially the mother-in-law and in the absence of accompanying intention to bring cohabitation permanently to an end the cruelty, as alleged, cannot be said to have ..... learned trial judge upon considerations of the evidence adduced by the parties was of the opinion that the wife was unwilling to live with her husband and that she perpetrated acts of mental cruelty upon her husband by writing false letter to his office jeopardising the career thereby. ..... purpose we may refer to the case reported in 73 cwn 721 where it was held that though under section 19 of the guardians and wards act, if a father is not unfit to be the guardian of the child under section 13 of the hindu minority and guardians act, the prime and sole consideration will be the welfare of the minor. ..... air1976cal156 where it was held that mental reaction of the other party for the alleged act of cruelty has to be stated specifically which was not done in this case. ..... also found her guilty of matrimonial offence by denying her company to her husband and perpetrating acts of mental cruelty upon him by ill treating him and his parents. ..... she also stated that she expressed her dissatisfaction of such acts as she told him that he has committed a great mistake by making the complaint without .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)2CALLT147(HC)
..... all the promoters intending to join the application for registration shall hold meeting for-(a) adoption of name of the proposed society and of its by-laws, (b) election of the chief promoter and the first board including the chairman, the vice chairman and the treasurer from amongst the promoters, (c) vesting the chief promoter, the chairman, the vice-chairman and the treasurer with powers and function as laid ..... is as follows :-'after registration of a co-operative housing society the chairman or, in his absence, the vice-chairman, shall, within one month from the date of such registration, convene the first meeting of the board for the purpose of election of office-bearers other than the chairman, the vice-chairman and the treasurer and for such other purpose as the chief promoter may, with the approval of the chairman, ..... for better appreciation rule 131 is quoted hereinbelow :-'the chief promoter of a co-operative housing society shall take steps, as may be necessary, under the provisions of the act and chapter ii of these rules to get the society registered and shall-(a) open a bank account to be operated by him jointly with the chairman or, in absence of any of them, the vice-chairman and the treasurer ..... rule 132 of the said act provides holding of the first meeting of the board of a co-operative housing ..... mitra has developed his argument further that the suit has been brought by a proposed co-operative housing society represented by the promoters and the framing of such suit is .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)2CompLJ456(Cal)
..... the supreme court held:it is in order to guard against the possibility of inconsistent decisions on points of law by different division benches that the rule has been evolved, in order to promote consistency and certainty in the development of the law and its contemporary status, that the statement of law by a division bench is considered binding on a division bench of the same or lesser number of judges.this in principle has been followed in india ..... that normally when an appointing authority or the disciplinary authority seeks to suspend an employee, pending inquiry or contemplated inquiry or pending investigation into grave charges of misconduct or defalcation of funds or serious acts of omission and commission, the order of suspension would be passed after taking into consideration the gravity of the misconduct sought to be inquired into or investigated and the nature of the evidence placed ..... to duty;(ii) if there is prima facie material to show recklessness or misconduct in the discharge of his duty;(iii) if he has acted in a manner which is unbecoming of a government servant;(iv) if he had acted negligently or that he omitted the prescribed conditions which are essential for the exercise of the statutory powers;(v) if he had acted in order to unduly favour a party;(vi) if he had been actuated by corrupt motive, however small the bribe may be because lord ..... , firstly, took me through the said report dated 8.7.1994 and submitted that the impugned orders being based on the ..... board .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2006Cal176,(2006)3CALLT85(HC),2006(4)CHN281
..... the object which the sponsor of the bill had in mind, but it throws no light on the object which the legislature as a body had in mind when passing the bill into an act...those objects and reasons may at best be indicative of the subjective intention of the law minister who sponsored the bill but they could not reflect the inarticulate mental processes lying behind the ..... that the apt applies to the government premises which are leased out, that is a plain reading of sections 3 and 3-a of the act, the term 'government premises' is used all through the act, more particularly in these two sections which deal with two separate subjects of termination of tenancy and tenancy being void under particular circumstances ..... in the writ petition that he had started an electric aro-furnace and had applied to the electricity board for grant of electric connection which was rejected and therefore, the petitioner could not start its ..... appellant is the lessee of west bengal small scale industrial development corporation limited (hereinafter called 'corporation' for short) ..... under section 4(2) of the act to take back possession or even use necessary force to take back possession and the corporation had acted in terms of the lease deed.13.4 lastly, the learned counsel suggested that all the actions taken by the corporation were in a bona fide manner finding that the demised premises were just lying idle and there was no industrial manufacturing activity right from 1994 (at least).14 .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)1CALLT206(HC)
..... section 23 provides for preparation and sanction a schedule of the employees of the board who it deems necessary and proper to maintain for the purpose of the said act and as such, schedule shall indicate therein the designations and grades of employees and the salaries, fees and allowance which are proposed to be paid ..... admittedly, in terms of section 28(e) read with section 124 of the act, the board was entitled to make regulation for the purpose of regulating the appointment and the condition of service of ..... is admitted that a regulation has been framed in terms of section 28 of the major port trust act with the sanction of the central government under sub-section (1) of section 124 of the act known as calcutta port trust employees' (haldia dock complex) (recruitment, seniority and promotion) regulation, ..... hlnduslhan development corporation, reported in judgments today 1993(3) sc 15 has clearly held that no enforceable right is created in terms of the doctrine of legitimate expectations but the same only checks arbitrariness on the part of ..... section 25, therefore, provides for the power of the board of trustees not only to carry out its function relating to condition of service of its employees which in the opinion of this court, keeping in view the terminologies used 'of disposing of any other question relating to the ..... section 5 of the said act provides that the board is to be a body corporate and can sue or be sued in ..... reported in 1994 (1) chn 294 and vasantkumar radhakisan .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)1CALLT346(HC)
..... have to consider whether the principle will be applicable to a case when the action is not for dissolution but for enforcement of an agreement to develop land outside the jurisdiction of this court prima facie, we are of the view that the principle enunciated in smriti jaiswal v. ..... to property outside the jurisdiction of this court no interim order was passed as prayed for, either to recall the order dated 14th may, 1998 or to stay further proceedings under section 9 of the act the court said that the agreement between the parties was a joint venture agreement which provided for the share of the profits between the parties. ..... as the agreement dated 7th august, 1992 between the appellant and the respondent nos.1 and 2 contained an arbitration clause, an application under section 9 of the act was filed on 14th may 1998 by the respondent for :'(a) special officer/receiver be appointed to make inventory of the new allpore market complex situate at block 'm', new allpore market complex, ..... the issue must be taken to have been determined against the appellant at this stage as the respondents application under section 11 of the arbitration act before this court was allowed by a judgment and order dated 17th september, 1999 and the matter has been referred to the chief justice of this ..... kartick das : : (1994)4scc225 that the action must be filed where the ..... the party who will bring the highest offer of premium shall be before the committee which will be formed by the board in a resolution.'4. .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(2)ARBLR480(Cal),2004(1)CHN407
..... matter under disputes will be referred to an umpire to be appointed in the manner laid down in clause 3(b) for his decision.3(a)(iii) it is a term of this contract that no person other than a gazetted railway officer, should act as an arbitrator/umpire and if for any reason, that is not possible, the matter is not to be referred to arbitration at all.3(a)(iv) in cases where the claim is up to rs. ..... das draws my attention to the said clause 64 (3)(iii) and submits that no person other than railway officers could act as arbitrators or umpire and if for any reason, that was not possible the mater was not to be referred to ..... the learned arbitrator in his award dealt with extraneous matters and excepted matters and, therefore, the learned arbitrator acted without jurisdiction in entertaining such claims as those were excepted matters and beyond the scope of the arbitration. ..... reported in : [2002]1scr1136 while interpreting the relevant provisions of the arbitration and conciliation act, 1996 supreme court of india, inter alia, observed that when objection to the composition of the arbitral tribunal, as provided in section 16 of the said act, has not been raised before the arbitral tribunal, it must be deemed that such objection ..... metropolitan development authority ..... division bench of the andhra pradesh high court relied upon a decision of the apex court in board of trustees for the port of calcutta v. ..... per annum from april 19, 1994 till the date of the award and, thereafter, at the same rate .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1995Cal1,99CWN336
..... the director, west bengal fire service by his letter dated 27th january, 1992 informed the petitioner about their 'no objection' for back filling of the three low ditches for development purpose only to use as residential area and in that letter the director further informed the petitioner that a senior inspector of the department inspected the premises in question and found that all ..... is development within the meaning of sub-section (7) of section 2 of the west bengal town and country (planning & development) act, 1979.for such development no permission shall be given for tanks/ponds/ water bodies/marshy land if it ..... after hearing the parties concerned on 22nd march of 1994 submitted his report dated 25-3-94 before the trial court (annexure c to ..... in the writ petition challenged the order/judgment dated 30th march, 1994 passed by the hon'ble mr. ..... on 3rd of february, 1994, the respondent produced the record before the ..... 1036 of 1994 allowing the writ petition filed by the petitioner directing the respondents to issue permission forthwith to !he petitioner to fill up the low land in ..... after hearing the learned advocates for the parties and on consideration of the materials on record disposed of the writ application by his order dated 30th march, 1994. ..... (annexure f) either from the executive engineer (south) drainage department, calcutta municipal corporation or from the chief valuer, calcutta municipal corporation the petitioner tookout the writ petition on 21st of january, 1994.7. .....
Tag this Judgment!Court : Kolkata
Reported in : [1995]214ITR504(Cal)
..... in the present case, the question of depreciation and development rebate was taken as a specific ground in the memorandum of appeal before the appellate assistant commissioner. ..... as in that case here there is an intimation under section 145(1)(a) of the income-tax act, 1961 (referred to as 'the act'), followed by a regular assessment order under section 143(3). ..... all that we know is that the appellate assistant commissioner did not pass any order in respect of depreciation and development rebate. ..... 434 of 1994 (see : [1995]214itr498(cal) ) notice under section 154 was issued on april 22, 1994, seeking to rectify the order under section 143(1)(a) regarding 'incorrect allowance of exchange amount'.4. ..... 434 of 1994 (coates of india ltd. v. dy. ..... 434 of 1994 (see : [1995]214itr498(cal) ) is that in this case the appeal has been decided on july 14, 1993, by the commissioner of income-tax (appeals) with the claim on account of fluctuation of exchange rates being partially allowed. ..... 434 of 1994 (see : [1995]214itr498(cal) ). .....
Tag this Judgment!Court : Kolkata
Reported in : (1995)1CALLT95(HC)
..... learned advocate, on the other hand, contended on behalf of the state that apart from violation by the accused of the provision under section 21(2) of the mines and minerals (regulation and development) act, 1957, there is an allegation against the accused petitioner of stealing and a charge-sheet has been submitted against her under section 379 of the indian penal code. mr. r. ..... asoke chakraborty that taking cognizance by the learned magistrate of the offence under section 21(2) of the mines and minerals (regulation and development) act, 1957 is bad as a complaint has been filed not by an authorised person but he also contended that the order of taking cognizance by the learned magistrate is legal so far it relates to the offence under section 379 ..... chakraborty, no court is competent and empowered to take cognizance of an offence under the mines and minerals (regulation and development) act, 1957 unless the complaint is being lodged by a person authorised in this behalf either by the central government or by ..... is dissociated from the allegation of excavation of earth without licence constituting an offence under section 21(2) of the mines and minerals (regulation and development) act, 1957, then there is no ingredient for an offence under section 379 i.p.c. ..... for manufacturing brick without any authorised licence from the government and as such she has contravened section 21(2) of the mines and minerals (regulation and development) act, 1957 and section 379 of the indian penal code. .....
Tag this Judgment!