Court : Kolkata Appellate
..... -for the removal of doubts, it is hereby declared that an industrial company existing immediately before the commencement of the sick industrial companies (special provisions) amendment act, 1993, registered for not less than five years and having at the end of any financial year accumulated losses equal to or exceeding its entire net worth, shall be deemed to be ..... on reading the orders of the bifr quoted supra, that an objection had indeed been raised regarding jurisdiction of the bifr to entertain the reference but such objection was not considered with proper application of mind and no order supported with reasons was ever passed. ..... [where it was held that interpretation placed by the high court on the word psus in section 3(1)(b) of the maharashtra rent control act, 1999 amounts to judicial legislation and further it defeats the very object of section 3(1)(b)]. 18. ..... 12377(w) of 2010, a company registered under the companies act, claims to be a shareholder of bjc and the second petitioner thereof is a director of such company, and ..... been passed in flagrant violation of fundamental principles of law or suffers from gross jurisdictional error, the court would be failing in its duty to render justice to the parties if interference is declined on the specious plea that the remedy is discretionary. ..... consider it to be settled law on the basis of the authorities noticed hereinabove that it is the duty of the court to see what parliament has said, instead of reading into the law what ought .....
Tag this Judgment!Court : Kolkata Appellate
..... while holding that article 136 gives jurisdiction to the supreme court to entertain an application for leave to appeal against an order passed by the industrial tribunal, the court noticed the ..... municipality (hereafter the municipality) holding that the reply of the petitioners (to the notice dated december 8, 2010 calling upon them to show cause why action shall not be initiated for raising unauthorised construction as indicated therein) is devoid of merit and therefore attracts action under section 218 of the west bengal municipal act, 1993, and the resolution adopted by the board of councillors thereof on the next day approving the ..... point in issue therein was whether the impugned order of requisition under section 3 of the bombay land requisition ordinance was an administrative order or an order issued in discharge of quasi-judicial functions and hence amenable to ..... order and hence certiorari would not be available), the learned judges were ad-idem that whenever a body of persons having legal authority to determine questions affecting the rights of subjects and a duty laid upon it to act judicially acts in excess of legal authority, a writ of certiorari may issue. ..... petitioners, submitted at the outset that the opposite parties being the municipality, its board of councillors and its chairman acted contrary to fundamental principles of law and justice while forming an opinion that there has been unauthorised construction on the second floor of the building known as promod bhawan. .....
Tag this Judgment!Court : Kolkata Appellate
..... of anything done or attempted to be done by such member or public servant in the lawful discharge of his duty as such member or public servant whether at the time of murder he was such member or public servant, as the case may be, or had ceased to be such member or public servant; or(d) if the murder is of a person who had acted in the lawful discharge of his duty under section 43 of the code of criminal procedure, 1973, or who had rendered assistance to a magistrate or a police officer demanding his aid ..... 13) has been extensively cross-examined and questioned on this aspect, particularly, as to why he did not ask pancham at the time when he opened the door of the flat of tara chand banka on his second visit and why he did not open the door in spite of pressing the calling bell which he failed to answer. ..... georgia, in general, and clause 2 (a), (b), (c), and (d) of the indian penal code (amendment) bill passed in 1978 by the rajya sabha, in particular, dr. ..... state of maharashtra [1995 cri.l.j 400]. ..... state of maharashtra [air 1982 supreme court 1157] it was observed as follows :the law regarding circumstantial evidence is well settled. ..... state of maharashtra [air 1984 supreme court 1622] it was held :the following conditions must be fulfilled before a case against an accused based on circumstantial evidence can be said to be fully established;(1) the circumstances from which the conclusion of guilt is to be .....
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