Court : Kolkata
Reported in : (1997)2CALLT151(HC)
..... is now well-known that expression, 'includes' is very generally used in interpretation clauses in order to enlarge meaning of the words and phrases occurring the body of the act and when it is so used these words or phrases must be construed as comprehending not only such things as they signify according to their natural import, but those things ..... contained in annexure 'j' to the writ application, in terms whereof the tenancy stood terminated with effect from 1978, must be held to be a nullity; (5) upon true construction of the said act, it would appear that a person can be deprived of his right of tenancy only if he had acquired any house and not when it is allotted to him.13. ..... stated:'moreover, the son of the petitioner has every right to purchase property in his own name of his own income or borrowing money from his mother and this amendment does not take away such right of borrowing money by son from his mother.'7. ..... his reply in terms of his letter dated 27.3.95 as contained in annexure 'i' to the writ application, wherein he, inter alia, stated that the provision of the said act has no application as he at that time did not have any house or apartment in his name nor in reality he purchased any house or apartment. ..... petitioner has been offered all opportunities to raise all defences and the impugned order has been passed upon taking ..... civil court to decide or deal with any question which is by or under this act required to be decided or dealt with under the provisions of this act .....
Tag this Judgment!Court : Kolkata
Reported in : [1996]222ITR632(Cal)
..... statutory background of section 222 and relevant rules of the second schedule and, inter alia, held (at page 239) : ' so far as this point is concerned, a conjoint reading of rule 76(1) and rule 73(1) clearly indicates that no final order of detention in civil prison may be passed by the tax recovery officer against any defaulter unless the tax recovery officer, for reasons to be recorded in writing, is satisfied that either the defaulter, with the object or effect of obstructing ..... rule 73(1) provides for a notice upon the defaulter calling upon him to appear before him to show cause as to why he should not be committed to the civil prison, unless for reasons to be recorded he is, inter alia, satisfied that the defaulter, has, or has had since the drawing up of the certificate by the tax recovery officer, the means to pay the arrears or some substantial ..... . rule 77(1) provides for the period of detention and the proviso appended thereto specifies that the persons so detained shall be released if the amount mentioned in the warrant of detention is paid by the officer-in-charge of the civil prison or on the request of the tax recovery officer on any ground other than the grounds mentioned in rules 78 and 79.17 ..... . with that end in view parliament amended the act and laid down a uniform procedure.36 .....
Tag this Judgment!Court : Kolkata
Reported in : (1997)140CTR(Cal)150
..... unless the tro has issued and served a notice upon the defaulter calling upon him to appear before him on the date specified in the notice and to show cause as to why he should not be committed to the civil prison, and unless the tro, for reasons recorded in writing is satisfied.rule 73(1) provides for a notice upon the defaulter calling upon him to appear before him to show cause as to why he should not be ..... committed to the civil prison, unless for reasons to be recorded he is, inter alia, satisfied that the defaulter, has, or has had since the drawing up of the certificate by the tro, the means to pay the arrears or some substantial ..... order does not also reveal as to how and in what manner the show-cause as to why he should not be detained in civil prison was served.assignment of reason apart from being the statutory requirement is also a part of the principles of natural justice ..... with that end in view parliament amended the act and laid down a uniform procedure.in collector ..... 77(1) provides for the period of detention and the proviso appended thereto specifies that the persons so detained shall be released if the amount mentioned in the warrant of detention is paid by the officer-in-charge of the civil prison or on the request of the tro on any ground other than the grounds mentioned in rr. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1997Cal258
..... a proviso to subsection (1) and a new sub-section (2) has been added by the said amendment act. ..... amendment act, 1976. ..... amendment act of 1976 which came into force on 1-2-1977. ..... as such, the order dated 18-11-92 whereby the court closed the plaintiffs' evidence and fixed the date for defence evidence was certainly without jurisdiction inasmuch as order 17, rule 3, c.p.c. ..... having regard to the nature and character of the amendment and relying on the decisions reported in : air1978cal264 and : air1993pat122 , i have no hesitation to hold that in order to be a 'case decided' an order passed in course of a suit or other proceeding need not be an order whereby some right or obligation of the parties in ..... the supreme court had really no occasion in madhu limaye's case to consider the effect of amendment that was made in section 115 by the c.p.c. ..... it has categorically been laid down in this patna decision that the supreme court decision reported in : [1964]4scr409 and : [1970]1scr435 are no longer good law in view of amendment of section 115, c.p.c. 5. ..... after its amendment in the year 1976. ..... subsequently, section 115 had undergone amendments by the c.p.c. ..... in view, the meaning of the expression 'case decided' has been widened to a large extent by reason of the amendment. ..... it is thusapparent that the court acted illegally in theexercise of its jurisdiction in refusing to grantadjournment and closing the plaintiffs' evidence on 18-11-92. .....
Tag this Judgment!Court : Kolkata
Reported in : (1968)ILLJ314Cal
..... though the amendment act came into force on 24 may 1953, the proviso was given retrospective ..... respondents could not punish him by ordering removal on the ground of conviction on a criminal charge, a reference to the provisions of section 31(1)(1) and section 32(1) of the act is necessary for determining this point.section 31(1)(i) of the act says:the commissioners in meeting shall, from time to time, frame rules-(i) for regulating the recruitment, promotion, conduct, discipline, punishment and any other matter relating to the terms and conditions ..... is as follows:whenever any body of persons having legal authority to determine questions affecting the rights of subjects and having the duty to act judicially, act in excess of their legal authority, they are subject to the controlling jurisdiction of the king's bench division, exercised in these writs. ..... that in that case, the schemes framed in exercise of the power under section 4(1) of the dock workers (regulation of employment) act, 1948, required that an opportunity to show cause must be offered to the employee before taking any disciplinary action against him. ..... it is sufficient to show that it was possible for the petitioner to take the defence that the conduct alleged, which admittedly, took place outside the employment in any sense was not such as to constitute a ..... has been chanted by judges for generations like gospel and they are bound so to do so long as anglo-saxon jurisprudence is not rooted out from the civilized word. .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT102(HC)
..... petitioner has applied to the state government for grant of renewal of their mining lease which was forwarded to the central government for receipt of its approval under section 8(2) of the mines and minerals (regulation & development) act, 1957 and in fact there was a further reference contained in the said memo about a letter of government of india whereupon they regretted their inability to accept the proposal of the state government to grant of renewal of mining ..... tax officer, a ward, circle-i, kakinada, reported in income tax reports, vol.124, page 518 where the madras high court has opined that under section 124(3) of the income-tax act, the respondent has jurisdiction over the petitioner as its principal place of business was within its jurisdiction and all along assesments had been made on that basis. ..... to him, it relates to a controversy in respect of a mining lease and in terms of section 16 clause (d) of the code of civil procedure, should be instituted in orissa because it has determination of any right or interest in immoveable property situates in orissa. ..... the cause of action has no relation whatever to the defence which may be set up by the defendant, nor does it depend upon the character of the relief prayed for by the ..... at a much later point of time amendment has been introduced with regard to article 226(2) of the constitution of india and according to submission of ..... roy, pre-amendment judgment should not hold the field, and the same ratio of law cannot have any .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)1CALLT178(HC),1996LabIC1446,(1996)IILLJ416Cal
..... requirements contained in section 4 and section 6 of the act by proper publication of the notification and declaration within limitation and procedural steps of publication in papers and local publications envisaged under the act as amended by act 68 of 1984. ..... safely be concluded that the dispute raised by the respondent/opposite party being an 'indus-trial dispute' the civil court has no jurisdiction to entertain the suit for the challenge made by the respondents relating to their transfer ..... the question is whether a civil suit is maintainable and whether ad-interim injunction could be issued where proceedings under the land acquisition act was taken pursuant to the notice issued under section 9 of the act and delivered to the beneficiary the provisions of the act are designed to acquire the land by the state exercising the power ..... it was held that such issues being cognisable before the industrial tribunal, those could not be decided by the civil court and therefore the court declined to grant the interim order of injunction. ..... the dispute not being cognisable before the civil court and the respondent/opposite party instead of filing dispute before the industrial tribunal had wrongly approached the civil court by filing this suit challenging the order ..... 2384 of 1995 in the vii court of judge, city civil court, for declaration and for permanent injunction inter alia, moved for ad-interim injunction against the applicant restraining it from giving effect to and / or further effect .....
Tag this Judgment!Court : Kolkata
Reported in : [1996(73)FLR1154],(1997)IIILLJ685Cal
..... requirements contained in section 4 and section 6 of the act by proper publication of notification and declaration with limitation and procedural steps of publication in papers and the local publications envisaged under the act as amended by act 68 of 1984. ..... safely be concluded that the dispute raised by the respondent / opposite party being an 'industrial dispute' the civil court has no jurisdiction to entertain the suit for the challenge made by the respondents relating to their transfer ..... in accordance with industrial employment (standing orders) act are statu-torily imposed conditions of service and are binding both upon the employer and employees, though they do not amount to 'statutory provisions', any violation of these standing orders entitles an employee to appropriate relief either before the forums created by the industrial disputes act or the civil court where recourse to civil court is open according to the principles indicated ..... we are, therefore, inclined to think, as presently advised, that by necessary implication the power of the civil court to take cognizance of the case civil court has no jurisdiction to go into the question of the validity or legality of the notification under section 4, and declaration under section 6 except by the high court in a proceeding ..... it was held that such issues being cognizible before the industrial tribunal, those could not be decided by the civil court and therefore the court declined to grant the interim order of injunction. .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)3CALLT160(HC)
..... division bench decisions in ashlata mitra and in aloka ghosh we would have to hold that the determination in respect of default and arrears of rent under an application under section 17(2) and 17(2a) of the act would ordinarily be final for the purpose of that application only, and not for the purpose of the main trial unless the issue relating to default in the suit and the application under section 17(2) and ..... the other issues and in view of the amended provisions of order 14 rules 1 and 2 of the code of civil procedure where it has been clearly said that all issues must be tried together, the trial court had acted illegally and with material irregularity in disposing of the ..... entire judgment of the punjab and haryana high court it cannot be said that the court is not conferred with power either under the unamended provision or under the amended provision of order xiv rule 2 to take up an issue in separation of other issues and thereafter pronounce judgment at the final hearing of the suit on ..... parly and also has not questioned the validity of the order passed by the trial court rejected the petitions filed-under section 17(2) and 17(2a) cf the act on a fooling that in view of the finding that there was no existence of relationship of landlord and tenant between the petitioner and the opposite party, the applications under section 17(2) and 17(2a) ..... observed as follows:'it has been already stated that the principal defence of the petitioner inthe written statement is absence of relationship .....
Tag this Judgment!Court : Kolkata
Reported in : [1997]89CompCas161(Cal)
..... the prohibition relating to the filing of a suit for recovery of money or enforcement of any security against any industrial company or any guarantee in respect of loan or advances granted to the industrial company was inserted in section 22(1) of the said act, in terms of an amendment which came into force on february 1, 1994, the restriction to make such payments was inherent in the scope and object of the said provision as would be evident from the objects and reasons of the ..... however, in the instant case, i am of the considered view that the interdict to file a suit in terms of the amendment of 1993 of the amending act was not and could not have been clarificatory in nature as thereby the scope of section 22 has been extended. ..... prem behari khare : [1989]177itr97(sc) , the supreme court held that the provisions of the benami transactions (prohibition) act, 1988, which imposed a prohibition upon a person to file a suit or raise a defence that the suit property has been held by the defendant/plaintiff as his benamidar being a disqualifying statute shall also apply to a pending suit.23. ..... a person is entitled to file a suit and/or enforce the bank guarantee in terms of section 9 of the code of civil procedure, or under a contract unless a statutory provision interdicts the same. .....
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