Court : Kolkata
Reported in : AIR1981Cal225
..... the university was functioning through the different authorities established under the act, the west bengal legislature enacted the 'calcutta university (temporary supersession) act, 1978' which came into force on 12th day of january, 1978. ..... thereafter took place amongst the appellant, the university of calcutta and the government of india and ultimately on may 31, 1978 the appellant was informed that his case relating to correction of age was placed before the calcutta university council on april 13, 1978 and after due consideratidh the council resolved that the vice-chancellor could not invoke his powers under section 9 (6) of the calcutta university act, 1966, hereinafter referred to as the act, to correct the age of person and the ..... effect from the date of coming into force of this act, hereinafter referred to as the 1978 act, all the powers and duties assigned to all the authorities referred to in the act came to be exercised by a council known as the calcutta university council constituted under section 4 (c) of the 1978 act. ..... the learned judge accordingly held that the resolution of the calcutta university council dated april 13, 1978 to the effect that there was no evidence of correction of the age of the appellant by the former vice-chancellor in the records of the university and the refusal of the council to accept the correction made by the former vice-chancellor in the original matriculation certificate of the appellant could not be said to be erroneous or illegal .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1992Cal169,96CWN890
..... state of west bengal praying inter alia for appropriate writ of mandamus declaring the pretended amendments of statutes 93, 100 and 100a in pursuance of section 4 of the calcutta university (temporary supersession) act, 1978 along with section 58 and sub-section (2) of the calcutta university act, 1966 as illegal, unconstitutional, ultra vires, void and bad in law and other consequential reliefs to restrain the respondents from giving any effect or further effect ..... calcutta university (temporary supersession) act, 1978 (west bengal act vii of 1978), the university of calcutta was superseded, and as a consequence of supersession, with effect from the date of coming into force of the said act or members, inter alia, of the senate and the syndicate vacating their respective offices and all powers and duties assigned to the said bodies and the other authorities of the university under the act or the statute became exercisable by the calcutta university council, which was formed under the supersession act ..... writ petition has been filed by ranadeb chowdhury and 9(nine) others challenging section 9 of the calcutta university (temporary supersession) act, 1978 along with section 58 and sub-section (2) of the calcutta university act, 1966 as illegal, unconstitutional, uitra vires and bad in law and for an appropriate writ of prohibition to restrain the respondents from giving effect to or acting under or in respect of the pretended amendments and the notice dated 27th april,1979, copies .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1983Cal427
..... 12, 1978 the calcutta university (temporary supersession) ordinance 1978 came into effect.5. ..... in this connection it would be relevant to look into some of the provisions of the west bengal medical and dental colleges (regulation of admission) act, 1973 being west bengal act xxxvi of 1973 under which the said joint entrance examinations were held, and the formalities that were required to be performed for admission in any of the medical or dental colleges provided therein. ..... muddala veeramallappa : [1961]2scr295 : 'a judge should, ask himself the question how, if the makers of the act had themselves come across thus ruck in the texture of it, they would have straightened it out he must then do as they would have done. ..... by and under the provisions of the said west bengal medical and dental colleges (regulation of admission) act of 1973 the admissions into collegesof the candidates were regulated. ..... students who got themselves admitted after passing joint entranee examination of 1977 such candidates would be required to act in compliance with the bond they have executed, in accordance with the provisions of the act of 1973 but recording the candidate viz. ..... she bound herself by the provisions of section 7 (4) of the said act of 1973 and having done so she could not seek transfer from b.d.s. ..... a judge must not alter the material of which the act is woven, but he can and should iron out the creases', to give the expressions used therein the correct meaning. .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)3CALLT39(HC)
..... the respondent/university therefore continued to be governed by the kalyani university act, 1960 read with kalyani university (temporary supersession) act, 1978.26. ..... to the conclusion within the time frame stipulated above that the promotions are in excess of the ceiling limits of 1/3 in the respective cetegory then the respondent/ university shall refer the case within one week after the time stipulated above to the state whereupon the state shall consider the matter with respect to according approval and/or sanctioning additional posts and ..... continuing as such immdiately before the appointed day shall be deemed to be affiliated to or recognized by, the university; (c) all colleges or institutions of whatever kind established, maintained or managed by the former university prior to the appointed day shall be deemed to be colleges or institutions established, maintained or manged by the university under this act; (d) all affairs, functions or activities of the former university including studies and examinations, commenced and in programme before the appointed day, shall be deemed to be progress as if they had been commenced ..... calcutta university, calcutta - 700 073 wherein it has been clarified 'that a teacher who opted for merit promotion scheme in writing in 1987 can be granted two promotions, if he/she is found eligable and fulfills other conditions on the merit promotion .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1954Cal49,57CWN613
..... the corporation of calcutta as constituted under the calcutta municipal act of 1923 was superseded by an order passed under the corporation of calcutta (temporary supersession) act of 1948 (which will be referred to hereafter for convenience as the supersession act), which act was originally in force up to 31-3-1949, but by subsequest extensions is now in force ..... light, sub-sections (2) and (3) will be attracted to general elections of councillors to which the act would apply and, therefore, the general election of councillors under section 4 (2) (a) of the calcutta corporation (temporary supersession) act of 1948 which is to be in conformity with the provisions of the calcutta municipal act would attract sub-sections (2) and (3) of section 45 ..... . while it is true, as already stated, that no universal rule can be laid down, two principles which the courts have found possible to enunciate in considering the numerous cases which have come before the courts in england and in this country on this question ..... . turner' (1860) 2 de g f & j 502 (b), 'that no universal rule can be laid down as to whether mandatory enactment shall be considered directory only, or obligatory, with an implied nullification for disobediences it is the duty of courts of justice to try to get at the real intention of the legislature ..... . said as follows :'......no universal rule can be laid down for the construction of statutes as to whether any enactment shall be considered directory only or obligatory, with an .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1987Cal326,(1987)1CALLT371(HC),92CWN72
..... the thika tenancy (stay of proceedings) (temporary provision) act, 1978 and the thika tenancy stay of proceedings act, 1981 may stay the proceedings for execution of the decree, but the said acts do not revive the jural relationship of landlord and tenant. ..... (3) no thika tenant shall be entitled to eject a bharatia from the structure or part thereof in the possession of the bharatia for the purpose of erecting a pucca structure : provided that the thika tenant may be providing temporary alternative accommodation to a bharatia to obtain from him vacant possession of the structure in his possession on condition that immediately on the completion of the construction of the pucca structure the thika tenant shall offer the bharatia accommodation in ..... in view of express reference of khatal without any reservation in section 5, we are inclined to hold that although the impugned act is essentially a piece of legislation for vesting of thika tenancy lands and temporary or kutcha structures thereon and for regulation of suchlands and structures and the title of the act and the provision for repealing the calcutta thika tenancy act, 1949 also conform to such intention and purpose of the impugned legislation, khatal lands held on lease even if such ..... pal has submitted in this connection that the decision of this court made in the case of universal trading co. v. .....
Tag this Judgment!Court : Kolkata
Reported in : (1988)2CALLT228(HC)
..... 17, girish avenue, calcutta, passed under section 3 of the west bengal premises requisition and control (temporary provision) act, 1947 (act v of 1947) (hereinafter referred to as the 1947 act), whereupon this court issued a rule and granted injunction in terms ..... writ petition in this court for a decade, two applications for amendment of the writ petition were filed, one on august 25, 1978 whereby paragraphs 22a, 22b, 22c and corresponding grounds (j), (k), (1) and (m) were taken and the said application was allowed by ..... both obtained foreign degrees from foreign university and are at present staying in ..... shyampukur is of a permanent or perennial nature and character' and such need cannot be fulfilled by taking recourse to the 'order of requisition', passed under the provisions of the west bengal premises requisition and control (temporary provision) act, 1947, and the respondents in fact have committed fraud upon the statute by passing the order of requisition, and on this ground alone, the writ, petition is entitled to succeed, and necessary directions may ..... character and where the government has also the power and the opportunity to acquire the property or a part thereof especially upon the fulfilment of the conditions of section 49(1) of the land acquisition act (as amended by the west bengal act 32 of 1955) to the extent applicable, if the government chooses not to exercise that power nor attempts to exercise that power to achieve its purpose, then that would be bad not because .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)1CALLT535(HC)
..... sinha was empanelled in the panel for commerce in june 1990 after interview on 12th december, 1989 and his position in the panel was 70(b) for calcutta university, 40 for burdwan university, 31 for north bengal university, 26 for vidyasagar university and 39 for kalyani university. ..... it is obligatory that appointment under section 9 of the west bengal college service commission act, 1978 that appointments to the posts of teachers of a college shall be made on the recommendation of the ..... it is the contention of the learned advocate for the petitioners that they have been working continuously for 5 years or more, in respective temporary part time posts against permanent vacancies, to be filled up as per statute, through candidates sponsored by the commission, from amongst the panel prepared ..... it has been argued on behalf of the petitioners that the petitioners who were appointed on a part time temporary basis, having all requisitequalifications for being eligible to the permanent post of lecturer appointment, appeared before the college service commission and were successful and there names were empanelled for the ..... submitted on behalf of the commission that the petitioner has been working as part-time lecturer in philosophy purely on temporary basis in jatindra rajendra mahavldyalaya in the district of murshidabad by the appointment letter dated 20.4.87. ..... their employment from 4th july, 1994to 31st december, 1994 in the temporary post of part time lecturer in the department of bengali. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal432,65CWN315
..... landlord's) present application for standardisation of rent under inter alia section 9 (1) (a), read with schedule a as part of it by reference, the rent was standardised under the very same act, namely, the rent control act of 1950, --and, indeed, the very same section, -- on the ten-ant's prior application, and, accordingly, --, and under and in view of the said ..... no difficulty, as it ends or terminates as soon as the said period of three years, counted from the aforesaid starting point, expires, but the difficulty arises, when this date of expiry falls to be correlated to the act, that is, to its relevant part, or to the two expressions 'has elapsed' and 'elapses' in schedule a aforesaid, or, when it falls to be viewed in relation or with reference to the same. ..... 942 of 1955) should succeed and, in supersession of the orders of the two tribunals below ..... party, but the landlord petitioner claimed further increase of rent by reason of (i) en-hancement of municipal taxes, and (ii) on account of his having had to pay betterment fee to the calcutta improvement trust for, inter alia, the disputed premises. ..... petitioners before the rent controller on or about 21st april, 1952, under section 9 (1) (a), read with the aforesaid paragraph 3(b) of schedule a of the west bengal premises rent control (temporary provisions) act, 1950, and, also, on the ground of increase of corporation taxes under section 9 (1) (c) of the said act. ..... the whole universe of discourse with regard to that case is .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)2CALLT141(HC)
..... in 1998(2) chn 241, this court upon taking into consideration the provisions of sections 7 & 8 of the 1978 act as also the provision of clause 101-a of the calcutta university first statute, inter alia, held :-1. ..... section 101-a of the calcutta university first statutes, 1979 clearly states that appointment of teachers of college, whole-time or part-time including principals, of affiliated colleges other than government colleges shall be made in accordance with the provisions of the west bengal college service commission act, 1978 and the rules made thereunder. ..... is further not in dispute that the post of principal has to be filled up in terms of provision of the college service commission act as also the statute framed under the calcutta university act and no such procedure had been followed in the case of the writ petitioner.4. mr. ..... counsel contends that the provision of section 7 of the college service commission act, 1978, keeping in view the definition of 'principal' as contained in 1975 act shall not stand as a bar.6. ..... of the state of west bengal further enacted the west bengal college service commission act, 1978 (hereinafter referred to andcalled for the sake of brevity as the 1978 act). ..... has also been taken in the calcutta trammays company (1978) limited & ors. v. ..... perusal of the clause (ii) of proviso appended to section 7(1) would clearly show that although the writ petitioner was a teacher, the 1978 act postulates a different procedure for appointment of a principal. .....
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