Judgment Search Results Home > Cases Phrase: civil jails act 1874 Sorted by: recent Court: kolkata Page 1 of about 728 results (0.039 seconds)

Appellant Vs. Respondent

Court : Kolkata

..... of one utpal chakraborty, learned advocate and came to learn from the said document that the document relates to title suit no.9 of 2012 pending before the civil court at sealdah and there are some allegations in the said document which would lower down the reputation and dignity of the plaintiff. ..... out whether the allegations made by the defendant lipi against the plaintiff in paragraph 10 of the written statement filed in connection with title suit no.9 of 2012 pending before the civil court at sealdah are defamatory and if so whether the defendant lipi is protected by absolute privilege in any action for libel by the plaintiff. ..... absolute privilege for making statement in paragraph 10 of the written statement filed by her in connection with title suit no.9 of 2012 pending before the civil court at sealdah and as such the facts of the present case are clearly distinguishable from the facts of the reported case. ..... that the said reports are prepared by the public officers in discharge of official duty and the same are relevant and admissible under section 35 of the evidence act without examinaing those police officers . ..... to act uninfluenced ..... justification (truth), (ii) fair comment, (iii) privilege, which may be (a) absolute or (b) qualified and (iv) offer of amends under the defamation act, 1996. . ..... the written statement filed by the defendant lipi from his colleagues, will go down as hearsay evidence as the said evidence is clearly barred under section 60 of the indian evidence act.7. .....

State of West Bengal Vs. Afcons Pauling (India) Limited

Court : Kolkata

..... the parties whereunder the contractor has undertaken not to make any claim for delay in performance of the contract occasioned by and act of the employer, still a claim would be entertainable in one of the following situations: (a) if the contractor repudiates the contract exercising his right to do so under section 55 of the contract act; (b) the employer gives and extension of time either by entering in to supplementary agreement or by making it clear that escalation ..... order sheet sheet no a.p.no.346 of 2005 in the high court at calcutta ordinary original civil jurisdiction original side in the matter of: state of west bengal versus afcons pauling (india) limited ..... tribunal comprising of experienced arbitrators with experience in the field of civil engineering must have been a conscious choice, as rightly argued ..... the respondent claimant is engaged in the business of execution of civil engineering construction work for different departments of the central and state ..... it is axiomatic that experts in the field of civil engineering would, by reason of their technical knowledge and experience, be better equipped to appreciate and understand formula based technical matters and also to adjudicate technical issues such as, inter ..... as experts in the field of civil engineering, the arbitrators were expected to have special knowledge of technical aspects of the execution of civil engineering contracts such as contracts pertaining to construction of roads and therefore, in a better position .....

Ratan Kumar Dhauria Vs. L. Union of India

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... give him adequate opportunity to adduce evidence in his defence in the scm and promulgated the sentence on 9th november 2007 where he was sentenced to suffer rigorous imprisonment for 6 months in civil jail, reduction to rank and also dismissal from service. ..... the scm proceeding was duly attended by two officers as per provision of section 116(2) of the army act and as such we do not find any statutory violation on the part of the commanding officer in presiding over the scm, as argued by the ..... single judge of the said high court, the writ petition was transferred to this tribunal as per provision of the armed forces tribunal 2007 act and same was taken into the file of this tribunal and renumbered as t. a no. ..... respondent on the contrary argued that as per section 116 of the army act 1950 only the commanding officer is entitled to preside over such scm. ..... petitioner preferred an appeal under section 164 of the army act 1950 and also an application under section 182 of the act before the goc-in-c, head quarter, eastern command for suspension ..... accused/petitioner was further informed that in case he had objection in respect of such person, he was at liberty to mention the name of another person to act as a friend of the accused during the court martial proceeding. ..... clear proof that the commanding officer was not biased and allowed reasonable opportunity to the petitioner to defend himself in the scm by way of choosing a person of his own choice to act as the friend of the accused in the scm. .....

Kazem Sk. Alias Kamruzzaman Alias Kazeman Vs. State of West Bengal

Court : Kolkata

Reported in : (2008)3CALLT393(HC),2008CriLJ4474

..... of the convicts and prayers claiming benefit under the relevant provisions of the juvenile justice (care and protection of children act) 2000, which came into force on 1st april 2001, have repeatedly been raised for the first time in this court ..... . if necessary, the learned trial court may refer the aforesaid five appellants to the medical board or the civil surgeon as the case may be for obtaining credit-worthy evidence about their age.before we part with the judgment, we must observe that in the recent past, in this court, contention about the age ..... relies, prima facie, does seem to support his contention; but with respect, we ought to add that the said observation cannot he read as laying down a general proposition of law that unless an overt act is proved against a person who is alleged to be a member of an unlawful assembly, it cannot be said that he is a member of such an unlawful assembly ..... the learned counsel appearing for the appellant we are of the view that the following questions arise for determination:i) was there any unlawful assembly, if so, who were the members thereof?ii) what individual overt acts, if any, have been proved by the prosecution?iii) is the prosecution liable to prove individual overt acts as a precondition for conviction of the accused persons with the aid of section 149 ipc?9 ..... appellant kazem sheikh, alias kamaruzzaman alias kazeman, son of all newaz, is now in jail .....

Saroj Alias Suraj Panchal and ors. Vs. State of West Bengal and Three ...

Court : Kolkata

Reported in : (2008)2CALLT427(HC)

..... judgment, we must observe that in the recent past, in this court, contention about the age of the convicts and prayers claiming benefit under the relevant provisions of the juvenile justice (care and protection of children act) 2000, which came into force on 1st april 2001, have repeatedly been raised for the first time in this court. ..... if necessary, the learned trial court may refer the aforesaid two appellants to the medical board or the civil surgeon as the case may be for obtaining credit-worthy evidence about their age.44. ..... it is not necessary to prove the overt act of the individual accused persons. ..... 3 anil panchal is now in jail. .....

Krishna Prasad Paul Vs. State of West Bengal

Court : Kolkata

Reported in : 2005(4)CHN308

..... if the petitioner wants to have the custody of the victim minor girl he is at liberty to approach proper civil court for the custody of the victim girl, and the civil court after considering all facts and circumstances can decide who would be guardian of the victim girl, or who may be declared ..... petitioner also submitted that the victim being a minor cannot engage any lawyer and cannot make any application before any court as provisions of sections 11 and 183 of the contract act makes it clear that the victim being a minor cannot contact any lawyer and vakalatnama filed by her is erroneous. ..... sessions judge in his order also observed that, 'but unless an adult person having the requisite qualification to act as her guardian comes up and is approved by the victim girl, it would be an abdication of the duty of the court to release her ..... settled that a minor who has attained sense of maturity and understanding cannot be confined into jail or rescue home, particularly when, the minor is not an accused but a witness. ..... sessions judge that, 'unless an adult person having the requisite qualification to act as her guardian comes up and is approved by the victim girl, it would be an abdication of the duty of the court to release her on her own bond,' being bad in ..... the only relevant provision is section 18 of the h.m.act which provides for punishment for contravention of condition specified in section 5(iii) of the h.m.act and the punishment may be imprisonment for 15 days or with fine which .....

Ashok Roy Vs. C.B.i., A.C.B.

Court : Kolkata

Reported in : 2006(1)CHN225

..... reported in 2005(1) supreme 454, it was submitted on behalf of the petitioner that scheme of the protection of human rights act, 1993 is to protect and implement human rights including those envisaged in article 21 of the constitution and international covenants. ..... in the said report it was stated that budhu sabar was handled very casually and inhumanly by purulia jail authority and he was allowed to remain in cell with a napkin and other belongings etc. ..... in 2004 scc (cri) 353, in support of his contention that in exercise of power under section 482 of the criminal procedure code, this court cannot act upon the annexures to the petition which cannot be termed as evidence without being tested and proved.32. ..... therefore, all the above-noted jail officer, jail staff and jail doctor are responsible for abetment of suicide of budhu sabar @ budhan inside the cell and they are liable for prosecution under section 306, ipc. ..... conclusion of enquiry it was of the opinion that some people attached to the jail were responsible for the premature death of budhu @ budhan sabar. ..... it was further submitted that the object of the protection of human rights act will be frustrated if the findings of such commission are just brushed aside by the result of investigation made by some other ..... no doubt, the investigation under the protection of human rights act and that under the criminal procedure code were conducted by statutory ..... referring to the decision in the case of people's union for civil liberties v. .....

Parbati Dasgupta Vs. Official Liquidator and anr.

Court : Kolkata

Reported in : (2004)3CALLT149(HC),2005(4)CHN161,[2006]130CompCas427(Cal),[2005]64SCL169(Cal)

..... that lokenath jeloka had been missing and was unheard of since 1989, the learned court ought to have taken note of the provisions of section 108 of the indian evidence act, and should have called upon shri ajoy dalan to establish that lokenath jeloka was alive at the time when the winding up petition was said to have been filed on his behalf.6. mr ..... is that if in an adjudication under section 108 of the evidence act a person is presumed to have died a civil death, there can be no presumption as to the date of death and the civil death would have to be presumed to have taken effect from the ..... case that the winding up petition had been properly filed and that even if the contention of the appellant/petitioner regarding the presumption of death under section 108 of the evidence act of lokenath jeloka is accepted it would not affect the validity of the said petition as his heirs could be substituted in the proceedings in his place. ..... however, in the order dated 31st july, 2002, dismissing the appellant/petitioner's application under section 466 of the companies act, 1956, for recalling of the order dated 14th august, 2001, there is no reference to the aforesaid contention of the appellant/petitioner and it has been recorded that the aforesaid ..... , right from its inception, was a nullity, since the petitioning creditor, lokenath jeloka, was missing and was unheard of since 1989, which raised a mandatory presumption of his civil death under section 108 of the indian evidence act, 1872. mr. .....

Tapan Kumar Dasgupta Vs. Indra Narayan Patra

Court : Kolkata

Reported in : (1999)1CALLT503(HC)

..... it is settled law that when an order is capable of being interpreted in two ways and the parties having interpreted bonaflde in their own way act, they cannot be held to be guilty of committing contempt this view of mine is based on the principle laid down by a judgment of apex court reported in : [1961]1scr728 .11. ..... moreover, this act of contempt was committed on 12th august. ..... the order of status quo confined to holding of annual general meeting and election of delegates and this order of status quo did not extend to the subsequent stage following annual general meeting and election of delegates acted and proceeded. .....

Mahabir Prasad Jalan and ors. Vs. Bajrang Prasad Jalan and ors.

Court : Kolkata

Reported in : [2000]102CompCas81(Cal),(1999)2CompLJ72(Cal)

..... we may further note that the word 'court' occurs in sections 542 and 543 of the companies act whereby the court was given powers to grant compensation which is a civil relief but where the criminal offences under sections 539 to 544 of schedule xi were created, parliament in its wisdom did not use ..... kavindra narain sinha : air1936all830 , it is stated that there are only three ways by which the high court could try an offence under the act which are as follows :(i) the high court would have jurisdiction to try the accused only if the case was committed to the high court under section 194(1) of the code of ..... fish out evidence in order to assist one party and particularly if a trial on evidence is held it would be advantageous to a party also in the civil proceeding who had all along been present in court and, thus, isaware of the rival contention. ..... the parties had proceeded on the basis that the proceedings under section 397/398 of the companies act would be disposed of on affidavits and in that view of the matter, the question of starting the proceeding afresh upon conclusion of the argument ..... of the matter was required to be taken into consideration in view of the observations of the learned trial judge to the following' effect :'if the respondent does not go to jail, it might well be that he will be the purchaser of the shares of the oppressed group. ..... if the respondent goes to jail, ,it might well be that the respondent will also be compelled to dis-invest the shares held by him .....