Court : Kolkata
..... secretary of state for the home department, ex brind, lord diplock refers specifically to one development, namely, the possible recognition of the principle of proportionality. ..... there will be no order as to costs.all parties concerned are to act on a xerox signed copy of the minutes of this order on the usual undertaking.sd/-maharaj sinha, j.7. ..... the extent of the duty to act fairly will vary from case to case. ..... union of india (1994) 6 scc 651.13. ..... the high court should show due regard to the opinion expressed by the experts constituting the selection committee and its recommendation on which the chancellor has acted. .....
Tag this Judgment!Court : Kolkata
..... in the case of meng leong development pte ltd. vs. ..... the supreme court held that the appellants act in withdrawing the pre-emption price cannot preclude him from continuing his appeal and the preliminary objection was overruled. ..... in a proceeding under section 10 of the industrial disputes act before the tribunal the petitioner denied all the charges leveled against him and challenged the order of dismissal. ..... moreover, the effect of accepting the amount in full and final settlement of his dues clearly amounts to an act of waiver on the part of the petitioner. ..... it is a trite law now that writ against the calcutta electric supply corporation limited does not lie unless it acts in discharge of its statutory duties. ..... spencer bower and turner the law relating to estoppel by representation 3ed edition, indian reprint, calcutta 1994 pp. ..... analogy may be drawn to the provisions contained in section 18 to the land acquisition act, 1894. ..... once the compensation awarded in pursuance of the award is accepted without protest the person concerned may lose his right to a reference for various matters mentioned in section 18 of the land acquisition act. .....
Tag this Judgment!Court : Kolkata
..... the respondents had contended that the petitioner had deposited the redemption fine which is the value of the confiscated goods as contemplated under section 125 of the customs act and personal penalty as contemplated under section 112(1).the petitioner has acted in terms of the order and, therefore, cannot challenge the same by this writ petition. ..... in the case of meng leong development pte ltd. ..... it is a settled position of law that a party who has acted in terms of an order cannot challenge the same subsequently. ..... section 129e of the customs act provides that a person desirous of appealing against a decision relating to any duty and interest demanded in respect of goods shall pending the appeal deposit with the proper officer the duty and interest demanded or the ..... i find sufficient substance in the submission of ms.sarkar that since this is not a case of evasion of duty section 129e of the customs act has no manner of application. ..... spencer bower and turner the law relating to estoppel by representation 3ed edition, indian reprint, calcutta 1994 pp. ..... 77 of the customs act they were liable for confiscation and the fine and penalty imposed by the adjudicating authority were restored. ..... of ms.sarkar that if the order of the revisional authority is struck down the petitioner in any case will not be entitled to ask for the refund of the redemption fine as that this is not provided under the customs act. .....
Tag this Judgment!Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
..... their case with cogent oral and documentary evidence and the ops failed to substantiate their defence, and having relied upon the principle as laid down by the apex court in the decision reported in air 1994 sc 787 in the case of lucknow development authority vs- m.k. ..... gupta that the provisions of the consumer protection act have to be construed in favour of the consumer to achieve the purpose of enactment as it is a social benefit oriented legislation , was of the view that the compensation of rs.1,00,000/- should be awarded in favour of the complainant but instead of directing ops ( 1- 6 ) to pay ..... there was nothing irregular in the act of the op/ appellant . .....
Tag this Judgment!Court : Kolkata
..... provisional pension is ordinarily in the domain of the employer, the head of department of the retired employee, who to his satisfaction can sanction the payment of provisional pension to the retired employee without any authority for such act from my office under rule 137 but expectedly taking into consideration rule 14 of the west bengal services (death-cum-retirement benefit) rules, 1971.8. ..... this is not only beneficial for the growth and development of an organisation but also boosts the morale of its employees. ..... should the pensioner subsequent to his retirement from service be found to have acted in the course of his employment in a manner detrimental to the interest of his employer and thereby exposed the employer to financial losses, and if there are materials for initiating disciplinary proceeding for the purpose of assessment of the ..... may take within its comprehension an act of moral turpitude, but all acts of moral turpitude . ..... ; (iii) (1994) 2 scc729: state of u.p. vs. u.p. ..... similarly, all acts of moral turpitude . ..... would necessarily relate to acts post retirement. ..... the statutory recognition of the concept was brought about by the introduction of the payment of gratuity act, 1972, a welfare oriented legislation intended to confer certain benefits upon employees working in various establishments in the country, and thereafter by rules/regulations that have been framed for employees/officers who are not governed by the act. ..... an act which could be viewed as a serious crime . .....
Tag this Judgment!Court : Kolkata
..... ) and (1996) 4 scc622(delhi development authority versus skipper construction company private limited and anr. ..... if at all any person that has been trying to commit any illegality or defraud others or has acted in a manner which is opposed to justice, convenience and the appearing defendants. ..... in the eye of law, a company registered under the companies act is a distinct legal entity other than that of the legal entity or entities that hold its shares. ..... a company incorporated under the provisions of the companies act, 1956 is a separate and distinct legal entity than that of its shareholders.in support of such proposition, learned counsel appearing for the plaintiff relies upon air1955sc74mrs.bacha f. ..... the contract between the parties allowing the appearing defendants to remain in possession of the suit premises came to end by the efflux of time on the last date of july, 1994. ..... the plaintiff is a company incorporated under the provisions of companies act, 1956. ..... it is contended that the plaintiff is a company incorporated under the provisions of the companies act, 1956. .....
Tag this Judgment!Court : Kolkata
..... in this regard, it would be apposite to make a reference to regulation 2(1)(d) of the insurance regulatory and development authority (protection of policy-holders interests) regulations, 2002, which explains the meaning of term material .. ..... the policy is set to commence retrospectively from september 26, 1978, by virtue of section 64vb of the insurance act, 1938, the policy will commence from september 29, 1978 when the cheque was received by the defendant no.1. ..... what constitutes a material fact, suppression of which will lead to avoidance of a contract for insurance reliance is placed on 1994 volume 3 all england law reports page 581 (pan atlantic insurance co. ..... yellamma (supra) is of the view that under section 64vb of the insurance act, 1938 a policy can be issued against the issuance of a cheque and the liability commences from the date of issuance of a cheque and not from the date of its ..... as stated in pollock and mulla s indian contract and specific relief acts: any fact the knowledge or ignorance of which would materially influence an insurer in making the contract or in estimating the degree and character of risks in fixing the rate of premium is a material fact. ..... the plaintiff relies upon section 46 of the negotiable instruments act, 1881 and contends that, a cheque is deemed to be paid upon ..... constitutes misrepresentation or non- disclosure of a material fact under section 18(2) of the marine insurance act, 1906 came up for consideration before the house of lords. .....
Tag this Judgment!Court : Kolkata
..... the intervention of the court in matters pertaining to arbitration being statutorily restricted by the regime under the 1996 act, it may have been excusable for section 34 of the act of 1996 to be initially regarded as narrower than section 30 of the act 1940 in the matter of the court s authority to interfere with an arbitral award. ..... the appellant exhorts that the authority available under section 34 of the arbitration and conciliation act, 1996 is limited and the traditional approach has always been to assess the award by merely reading it and not digging any deeper to find fault with ..... in section 7(1)(b)(ii) of the foreign awards (recognition and enforcement) act, 1961 as interpreted in the judgment reported at (1994) supp (1) scc644(renusagar power co. ..... primary ground for challenging an arbitral award available under section 30 of the arbitration act, 1940 was that the arbitrator or umpire had misconducted himself or the proceedings. ..... delhi development authority) has been placed, apart from the legal principles enunciated therein, to emphasise on the tenor of the observation at paragraph 56 of the report: ..... the completeness of the discussion, another a recent judgment of the supreme court rendered in the context of section 48(2)(b) of the act of 1996, dealing with the enforcement of a foreign award, may be noticed. ..... the judgment in saw pipes, with its reference to section 28 of the act 1996 and the apparent expansion of the expression in conflict with the public policy of india .....
Tag this Judgment!Court : Kolkata
..... secretary of state for the home department, ex brind, lord diplock refers specifically to one development, namely, the possible recognition of the principle of proportionality. ..... therefore, the committee on being directed by the dgm (r) acted within its authority in seeking to explore the petitioner's eligibility afresh. ..... the extent of the duty to act fairly will vary from case to case. ..... union of india (1994) 6 scc 651. .....
Tag this Judgment!Court : Kolkata
..... the bhatia case the supreme court laid down very general principles that part-i of the 1996 act applied to international commercial arbitration, seated outside india, unless expressly or impliedly excluded by the ..... in the case of bhatia: it said that section 2 (2) of the arbitration and conciliation act, 1996 provided that it would apply where the place of arbitration was in india. ..... 2002 between the parties which provided that the majority shareholding and control of haldia petrochemicals limited would be transferred to chatterjee petrochem (mauritius) co.by the government of west bengal and west bengal industrial development corporation limited. ..... does part-i of the arbitration and conciliation act, 1996 including, that is to say section 34 thereof apply to ..... and others reported in (1992) 3 scc551 sumitomo heavy industries ltd.v.ongc ltd.and others reported in (1998) 1 scc305, referring to a passage from the judgement of potter, j in (1994) 1 lloyd s law reports 45. ..... according to bhatia, part-i of the said act would compulsorily apply to arbitration held in india and to international commercial arbitration held outside india also unless its application was excluded expressly or impliedly by ..... discussion: the arbitration and conciliation act, 1996 has four parts out of which part one is ..... be said that part-i of the 1996 act was excluded by the parties. ..... case if it is an international commercial arbitration and the seat is in a foreign country, part-i of the act is automatically excluded. .....
Tag this Judgment!