Court : Kolkata
Reported in : 1998(2)ALD(Cri)900,1998(61)ECC17
..... judge could not grant bail to the accused-opposite party as under the high court's rule aforequoted, bail applications pertaining to foreign exchange regulation act could be disposed of by the division bench only. even if the revisional application was maintainable and was so entertained by the learned single judge, ..... the facts which are clearly established show that the accused-opposite party being charged for the alleged contravention of the provision of the foreign exchange regulation act moved an application for bail before the sessions judge who granted the prayer for bail. enforcement directorate, the petitioner, herein, invoked this court's jurisdiction ..... criminal proceeding initiated illegally, vexatiously or as being without jurisdiction. take for example a case where a prosecution is launched under the prevention of corruption act without a sanction, then the trial of the accused will be without jurisdiction and after his acquittal a second trial after proper sanction will not .....
Tag this Judgment!Court : Kolkata
Reported in : 1998(2)ALD(Cri)924,(1998)2CALLT423(HC),1998(2)CHN81
..... local jurisdiction shall forward along with the warrant, the substance of the information against the person to be arrested with necessary documents sufficient to enable the court acting under section 81 to decide whether ball should or should not be granted to the person arrested under the warrant section 79 provides the procedure as to ..... warrant coming from outside the local limits of his jurisdiction, he is nonetheless bound by the condition as imposed in the said section.' the new provisions engrafted in act 2 of 1974 have, however; thrown the flood-gates open and made the position distinctly wider. the imprimatur of judicial decision may now be considered. the ..... be subject to the provisions of section 437. (1a) the provisions of sub-section (1) shall have effect notwithstanding anything to the contrary contained elsewhere in this act or in any judgment, decree or order of any court, tribunal or other authority.' 11. it may be noted here that the legislature amended the provision on .....
Tag this Judgment!Court : Kolkata
Reported in : [2000]102CompCas81(Cal),(1999)2CompLJ72(Cal)
..... nidhi ltd. (company petition no. 447 of 1990). the applicants respondents herein filed an application on february 12, 1990, under section 397/398 of the companies act, 1956, for certain reliefs against the appellants and other respondents. upon completion of exchange of affidavits the parties addressed the learned trial judge on the merits of ..... several companies including debonair agencies ltd., sandeep jalan and the said akshay nidhi limited were the subject-matter of proceedings under section 597/398 of the companies act. company petition no. 447 of 1990 was filed by bajrang prasad jalan against akshay nidhi ltd. and others on september 12, 1990, for certain reliefs. ..... 1989, contained two sheets containing pages 15 to 18 although no other page either preceding or subsequent thereto was filed. it was alleged that the aforementioned acts and conduct were calculated and made with mala fide intent and collateral object of denying the applicants b. p. jalan and his group from participating in .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)1CALLT231(HC),2001(1)CHN259
..... clause, every one of the following rights which may be owned by an intermediary shall vest in the state, namely;(i) rights in sub-soil, including rights in mines and minerals;(ii) rights in hats, bazars, ferries, [...] fisheries, tolls and other sairati interests;(aa) all lands in any estate comprised in a forest together with ..... proprietor, tenure-holder, under-tenure, holder or any other intermediary above a raiyat or a non-agricultural tenant and includes a service tenure-holder and, in relation to mines and minerals, includes lessee and a sub-lessee;section 2(j) 'non-agricultural land' means land other than agricultural land [or other than land comprised in a forest ..... cannot be accepted, for an 'intermediary' as defined in section 2(1)(i) of that act means 'a proprietor, tenure-holder, under-tenure holder, or any other intermediary above a raiyat or a non-agricultural tenant and in relation to mines and minerals, a lessee or a sub-lessee'. it is thus obvious that the 1st respondent .....
Tag this Judgment!Court : Kolkata
Reported in : 2004CriLJ3494
..... or otherwise of the allegations made in the fir or the complaint and that the extra ordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.'25. thereafter, the apex court set aside the impugned order of the high court and directed the learned magistrate to proceed with the complaint .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(2)CHN88
..... kumar v. emperor, reported in : air1936cal403 and : air1960ap441 (supra). so far as it relates to relevancy of judgment under sections 41 and 42 of the evidence act mr. shanti bhusan cited the decisions in manjanali debi v. ramdas shome, reported in 4 cwn 176: 1978 cri.lj 1434; state of maharashtra v. yeshwantrao dattatraya ..... or medical institutions receiving grant on the authority of such trusts, has authority to lodge complaint before competent court of law to question whether by such act any offence has been created by the person or persons who have converted properties of public charitable institutions into their personal property. it is not necessary ..... heir under the hindu succession law, which is a complete lie as all the properties comprised in five trusts.17. in committing the abovementioned criminal acts the second, third and fourth accused share the common intention with the first accused of dishonestly destroying public charitable property and converting it into personal asset .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(4)CHN601,2005CriLJ368
..... hon'ble alok kumar basu, j. i fully concur with the view and the reasoning given therein. however, i would like to add a few words of mine in support of the judgment prepared by his lordship.2. before we embark upon deciding the question whether the book 'dwikhandita' written by taslima nasreen of bangladesh ..... with the present notification dated 30th april, 2004 and mr. bagchi contends that the second notification is improper and it also speaks of the arbitrary and highhanded act of the state government in suppressing the fundamental right of its citizen.33. mr. bagchi next submits that the present order of forfeiture published through the notification ..... book is a colloquial language, which is very common in autobiographical works. the narration of the incidents of violence and bloodshed while protesting against the unconstitutional acts of imposing islam as the state religion creates the attending circumstances for use of caustic and high-flown language in the passages. it has been held in .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(2)CHN142
..... , the writ petitioner held land measuring about 4.54 acres comprised in a factory or mill together with structures since before the west bengal estates acquisition act, 1953 (wbea act) came into force. by reason of provisions as discussed in the decision in falakata industries ltd. (supra), the land held by the writ petitioner was ..... legislative competence of the state legislature and covered by the legislative field being entry 18 list ii and that such enactment will prevail over government (crown) grants act, 1895 (1895 act) was held in the decision in azizua subhan v. union of india and ors. : air1966cal570 . that the right of the lessee had assumed different ..... dasgupta with the proposition that if his contention is to be accepted, in that event, the provisions of the west bengal estates acquisition act, 1953 (wbea act) and west bengal land reforms act, 1955 (wblr act) could not be given effect to in respect of lands held under the 'sanads', the government grants by the then zaminders, the .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN625
..... learned single judge of this court was considering a writ application preferred against an order passed by the tribunal in appeal under the provisions of the income-tax act, 1961. according to the learned single judge, the tribunal could not recall the entire order and, therefore, such order was passed without jurisdiction and in ..... ) or sub-section (2) may appeal to the customs and excise revenues appellate tribunal established under section 3 of the customs and excise revenues appellate tribunal act, 1986 (62 of 1986), against such decision or order.section- 129dd. revision by central government.-(1) the central government may, on the application of any ..... mr. basu relies upon the following decisions passed by different courts while construing similar provisions contained in different statutes like those mentioned in sections 129a and 130 of the act:1. state of maharashtra v. marwanjee p. desai and ors. reported in : air2002sc456 ;2. punjab paint, colour and varnish works and anr. v. customs .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN586
..... defence in a very effective fashion and we are of the view that the burden of proof cast upon the defence within the meaning of section 105 of the evidence act stood discharged see: bhikari v. state of uttar pradesh, 1966 cr. lj 63 and t. n. lakshmalah v. state of karnataka : air2001sc3828 , shrikant anandrao bhosale v. state ..... where debarata mookherjee, j. speaking for the said division bench held:there is a distinction, having a widely differing effect, between incapacity at the item of doing the act charged and incapacity at the time of trial. while both are induced by unsoundness of mind, the former is substantive which.excuses the offence under section 84 of the ..... of colours in the forenoon of 20.3.2000. amongst the advent of spring and the riot of colours the house of rampada manna was splashed red. the act of the appellant, which spotted the house red with blood, forms the chemistry in this appeal.2. factual matrix of the allegations, although adumbrated elaborately in the judgment .....
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