Court : Kolkata
Reported in : (1999)1CALLT213(HC),II(1999)DMC5
..... it is submitted that the residuary article of the limitation act would actually govern this suit so far as it relates to the amended relief and the said relief was already time barred when the amendment was allowed and as such, the impugned amendment should not have been allowed inasmuch as it would take away the right that has already ..... question of delay from all angles, it must be held that the delay in specifically claiming the relief under section 25(1) of the special marriage act can not be considered to be unreasonable and unnecessary at the stage of allowing the amendment without deciding the question on evidence during,the trial. ..... dutta be accepted that the amended relief would be governed by the residuary article of the limitation act, the period of limitation is to be computed from the date on which the right to suit arose and it cannot be said that the right to sue for annulment of a marriage under section 25(1) of the special marriage act would arise only after there is wilful refusal by the respondent to consumate the marriage and certainly it could not be said to have arisen ..... that sub-section (2) of section 29 of the limitation act would be attracted here and the case under section 25of the special marriage act would be governed by the provisions of the limitation act and that the said case was already barred by limitation by reason of which a right which had already accrued to the respondent petitioner was sought to be taken away by the amendment in question. .....
Tag this Judgment!Court : Kolkata
Reported in : 1999(108)ELT628(Cal),[1999]236ITR492(Cal)
..... , the kerala agricultural income-tax (amendment) act, 1980, and the bengal agricultural income-tax (amendment) act, 1980, were under challenge before ..... of the whole of the income but by reason of the direct tax laws (amendment) act, 1989, the said words were substituted by the word of 'profits'. 32. ..... court in view of the interpretations made by it in relation to the said rule did not consider it necessary to go into the larger question of vires of the amendment carried out in 1980 to the bengal agricultural income-tax act on the ground that the same was given retrospective operation and held as follows (page 33) : 'a perusal of the aforesaid rule 8(1) makes it clear that under ..... income from the sale of tea grown and manufactured by a seller in india has to be computed as if it were income derived from business which would imply that the deductions allowable under the act of 1961 in respect of income derived from business would be allowable in the case of income derived from the sale of tea grown and manufactured by a seller and further allowance would be granted ..... act, 1950, stated that the agricultural income derived from land used for agricultural purposes by the cultivation of tea leaves meant that portion of the income derived from the cultivation, manufacture and sale of tea as defined to be agricultural income for the purposes of the enactments relating to the indian income-tax and the said explanation was sought to be deleted by the kerala agricultural income-tax (amendment) act .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1999Cal132
..... the signature of satchidananda brahmachari on the said letter has been admitted by his son samitpani as well as by the defence witnesses dinabandhu and tarit krishna although satchidananda brahmachari in an affidavit sworn by him even denied his signature in that letter. ..... it is however to be pointed out, as has been done already, that even if this letter was disclosed subsequently by amending the plaint and enclosing a copy of the same there with yet the fact remains that the genuineness or existence of this letter has not been specifically challenged by the defendants ..... the mere fact that at the initial stage the plaintiffs or some of them subscribed to any resolution along with others to act upon the deed does not forbid them from challenging thedeed later after being convinced about its falsity.24. ..... is further provided in the said deed that in case of death of one or more of the said shebaits the survivors shall act as shebaits and the said shebaits shall constitute the board of shebaits which shall consist of not less than three and not more ..... it is recited in that deed inter alia that after the demise of paramananda bidyaratna, bhakti bilash tirtha has been acting as the sole shebait and performing the seba puja of the deities sree sree guru gouranga gandharbika girdhari jew located at sree chaitanya math at mayapur and duplicates of the ..... of the reliefs sought for by the plaintiffs in the suit this cannot be treated as a suit under section 92 of the civil procedure code.31. .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)3CALLT348(HC)
..... division bench held that the provisions of code of civil procedures were not applicable even before coming into force of 1976 amendment act in view of the decision of the apex court ..... anything hereinbefore provided an appeal shall lie to the said high court from a judgment of one judge of the said high court or one judge of any division court, pursuant to section 108 of the government of india act made on or after the first day of february one thousand nine hundred and twenlynine in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a court subject to ..... paragraph 16 of the said judgment at page 24 of the said report observed as follows:--'it is also to be kept in view that while exercising original jurisdiction under contempt of courts act, 1971 in connection with civil contempt of its own orders the high court is not exercising any review jurisdiction wherein stalutorily the proceedings may have to be placed for decision of the same judge or judges if they ..... the constitution of india we may at the very threshold take note of the fact that section 141 of the code of civil procedure as amended in 1976 excluded the applicability of said provision in a proceeding under article 226 of the constitution of india. ..... 1947 where consequences of striking off the defence was provided for on the tenant's failure to deposit the rent within the prescribed period the apex court held that the word 'shall' used in the aforementioned .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT511(HC),[1999(81)FLR527],(1999)IILLJ66Cal
..... it may have been an industrial dispute but the reference under section 10 of the relevant act would be in the discretion of the concerned government and no one can claim the reference as a matter of ..... the delinquent before the amendment of the constitution had even the second opportunity to show that the action proposed to be taken against him is either unduly severe or not called for as laid down in state of assam ..... it is reported that you have been indulging in several acts of indiscipline affecting the smooth operation of haldla refinery hospital ..... if the punishment is unduly severe or wholly disproportionate then the high court can always interfere as the delinquent does not get the second opportunity in regard to punishment after the constitutional amendment. ..... the defence evidence was also to the effect that the issue of marketing of raw goods was a long pending dispute and relevant evidence could be seen on page 52 & 55 of the paper ..... reasonable instructions for the maintenance of cleanliness of the premises or committing nuisance on the premises, or any act prejudicial to general health and cleanliness. 26. ..... decision is such that no authority properly directing itself on the relevant law and acting reasonably could have reached it. ..... your above acts constitute misconduct under sub clause 1.9.16,26,37, & 44 of clause 19 of certified standing orders of haldla refinery since your presence on duty is not considered desirable you are hereby placed under suspension with immediate effect .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT552(HC)
..... the special bench further held that an explanation has been added to section 141 by the amendment act of 1976 and it is immaterial whether the proceedings initiated on the basis of an application under order 9 pertakes the character of a substantive ..... it has been argued on behalf of the respondent that the provisions of the limitation act have to be read in conjunction with the provisions of the civil procedure code and since the limitation act is procedural law, by reason of section 141 of the civil procedure code read with article 122 of the schedule to the limitation act, the said article would apply in respect of application for restoration on a miscellaneous ..... case made out by the appellant before the learned single judge was that the said application under section 17(2) of the said act was not followed up by the petitioner since the plaintiff had been continuously negotiating with the petitioner for an amicable settlement ..... the appellant was also not aware of the dismissal of the said application until a notice of motion was taken dated 15.4.85 on behalf of the plaintiff/respondent was served on theappellant for striking out defence against the delivery of possession also was not denied by filing any affidavit-in opposition ..... of the said application until a notice of motion dated 15.4.85 taken out on behalf of the plaintiff was served on the petitioner wherein the plaintiff was inter alia adking for striking out the defence of the petitioner against delivery of possession.24 .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT351(HC),[1999]97CompCas451(Cal)
..... civil laws amendment act, 1970. ..... , page 215, wherein in respect of an appeal in a pre-emption proceeding under the west bengal land reforms act, 1955, it was held that, inasmuch as, section 9(6) of the said act confers a right of appeal and also fixes the forum, namely, the court of the district judge, which in view of section 3(2) of the bengal, agra and assam civil courts act, 1887, may include, an assignment, the court of the additional district judge appointed for the district, the ..... in view of the provisions of sub-section (4) of section 1 read with sections 17 and 18 of the act, the jurisdiction of the civil courts to try cases in respect of debts due to banks and financial institutions, as stipulated in sub-section (4) of section 1, stands ousted. ..... dasarath ramaiah,reported in : air1985kant208 , where it was, inter alia, held that since the claims tribunal under the motor vehicles act, 1939, was a court subordinate to the high court, within the meaning of section 24 of the code of civil procedure, the high court could transfer a case from one tribunal to another,14. ..... jyotirmoy bhattacharyya submitted that from the scheme of the 1993 act, it would be quite clear that it was the intention of the legislature to exclude the jurisdiction of the civil courts in relation to matters indicated in section 17 of the said act and to vest the same in a special forum.20. mr. .....
Tag this Judgment!Court : Kolkata
Reported in : 1998(2)ALD(Cri)900,1998(61)ECC17
..... division bench or the single judge, as the case may be and departure in no case, is permissible ?and4) whether there is a need to re-examine and if necessary, to amend the said rule to meet the exigencies ?since the matter has been placed before the larger bench and under the administrative orders of the chief jusitce of the court, the case has ..... single bench could exercise revisional power under section 397/401 of the code of criminal procedure to consider bail when officenes alleged to have been committed under the foreign exchange regulation act, 1973 and/or such matters which fall under rule 9 of the rules of the high court?2) whether the court of revision, independent of section 439 of the code of ..... an interlocutory order passed in any appeal enquiry, trial or other proceedings for revision by the high court and the court of sessions, section 482 of the code has reiterated the inherent power to act ex debito justified to do real and substantial justice by the high courts (courts of record) and said nothing in this code shall be deemed to limit or affect the inherent powers of the ..... in respect of exercise of inherent power of the court under section 482 of the code in criminal proceedings and section 151 of the code of civil procedure, it has been pointed out, these provisions do not confer upon the court any such power, the power is inherent and is only ..... accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence. .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT46(HC)
..... and submitted that in the earlier, unless time extended, summons shall be taken out and delivered to the sheriff within 14 days from the filing of the plaint or the date of the order of amendment and in the later, when the suits and proceedings, which have not appeared in the prospective list within six months from the date of institution, may be placed before a judge in chambers for ..... i, therefore, held that original side rules should be amended in the following manner with prospective effect :(i) writ of summons will be served upon the non-appearing defendant as usual: (ii) but if the sole defendant or any of the defendants once appeared through an ..... of civil procedure when the suit has been duly instituted a summons may be issued to the defendant toappear and answer the claim on a day to be thereon specified provided that no such summons shall be issued when the defendant as appeared' at the presentation of the plaint and admitted the plaintiff's claim and provided further that where a summons shall be served, the court may direct to defendant to file a written statement of his defence, if ..... in disposing an application under section 10 of the code of civil procedure this court in presence of both the parties have directed appearance of both the suits after compliance of all the formalities ..... department and all parties are to act on a signed copy minute of the ..... he is acting on behalf of ..... the duty of the plaintiff is to serve the summons in compliance with the provisions of the act. .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)IIILLJ1154Cal
..... said decision high court observed, inter alia, as follows:'there are two parts of sub-section as it stands after its amendment by act 36 of 1964. ..... it is proved that the worker has done overtime work as contemplated in section 59(1) of the factories act, 1948 he acquires right to get the wages at the rate of twice his ordinary rate of wages ..... a dispute as to all such questions or any of them would attract the provisions of section 33-c(2) of the act and make the remedy available to the workman concerned.it is necessary to elaborately discuss the various authorities of this court on ..... is established that the workman had performed overtime work as contemplated under section 59(1) of the factories act, 1948, the workman is not entitled to get any wages for overtime work.10. ..... i am of the view that the labour court under section 33-c(2) of the said act cannot determine the workman's right to overtime wages and the corresponding liability of the company including whether the company is, at all, liable ..... this decision the learned advocate for the workman argued that the workman has an existing right under section 59(1) of the factories act, 1948 and, therefore, the labour court has jurisdiction under section 33-c(2) of the said act to compute and award the overtime wages to the workman.17. ..... took the view that there was really a closure or a lay-off without any closure of the business, it would be acting within its jurisdiction if it awarded compensation in terms of the provisions of chapter v-a. .....
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