Court : Kolkata
Reported in : 1996(87)ELT378(Cal)
..... it has also been provided that the duplicate copy of freely transferable import licence shall not be issued. it is the contention of the petitioner that the aforesaid prohibition for issue of duplicate copy of freely transferable import licence as contained in paragraph 21 of the aforesaid handbook of procedure is wholly arbitrary and illegal. it is ..... not given any hearing and in any event although the order of cancellation can be passed under section 9(4) of the foreign trade (development and regulation) act, 1992, reasons for such cancellation are to be recorded. the respondents in their affidavit contended that the order of cancellation having been passed on the request of ..... that for grant of a fresh licence the petitioners have to make an application and the same will be considered by the respondents. the relevant provisions of the act, export and import policies and the handbook of procedure have been referred to for the purpose of showing in what manner an application is to be made. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1997Cal186
..... distribution of the fixed dose combination of hydroxtruinbline group of drugs with other drugs, except for preparations meant for external use, was required to be prohibited in the public interest.35. as already indicated hereinabove, no affidavit has been filed by the central government and in spite of repeated opportunities ..... question was pending before the hon'ble supreme court and a report had been filed by the concerned respondents in the said proceedings regarding the prohibition of several fixed dose combination drugs, including lodochlorohydromyquinoline, dn the recommendation of the drugs technical advisory board.25. inasmuch as, the averments made ..... that in the public interest its manfuacture, sale or distribution is required to be prohibited.33. for the sake of reference, the provisions of section 26a of the 1940 act are reproduced hereinbelow:--'26a. power of central government to prohibit manufacture, etc., of drug and cosmetic in public interest. -- without prejudice to .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)1CALLT92(HC)
..... is given, the same would result in an unworkable, impracticable, anomalous and illegal result and it is well settled principle that where an enactment prohibits doing of a thing, the prohibition is taken to extend to the doing of it by indirect or round about means. it is a clear case where the repository of the ..... has to be exercised to fulfil purpose for which it was enacted incidentally. it may be mentioned that under the ordinary law of acquisition, namely land acquisition act, the property could be acquisitioned but before an acquisition is made for a company, certain statutory requirements cannot be bye-passed by invoking the summary and emergency ..... challenge in the writ application was an order of requisition dated may 5, 1986, passed under section 3(1) of the west bengal land (requisition & acquisition) act, 1948. the property was sought to be requisitioned for 'the purpose of maintaining supplies and services essential to the life of the community, viz., for construction of .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)1CALLT68(HC)
..... frustrate the very purpose of the statute. the prohibition by way of an ad-interim order of exparte injunction may set at naught the item no.3 of the agenda of the proposed meeting which will make it ..... . in this context, mr. mukherjee, the learned counsel of the petitioner has referred to decision of kishen chand v. commissioner of police, reported in 0043/1960 : [1961]3scr135 where the supreme court has held that procedural provision of the statute can also enter into the field of the verdict as to reasonableness. here, the order impugned may ..... be taken very seriously in view of the definition of 'registrar' within the meaning of definition clause of section 2(37) of the west bengal co-operative societies act, 1983 which means a registrar appointed under section 9 and includes any other person appointed under that section to assist the registrar. in this context, a reference can .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)1CALLT20(HC),I(1998)DMC616
..... initiated by the opposite party no.2 is one under section 498a, 120b. 406 read section 109 of the code of criminal procedure and under sections 3 & 4 dowry prohibition act. in accordance with the provisions of section 167(5) of the code of criminal procedure as amended in its application to west bengal the investigation of the case should ..... residing at calcutta. in the fir it was alleged that the petitioner and other inmates of his house used to torture the opposite party no.2 demanding more dowry causing relationship between the parties very much, strained and ultimately the opposite party no.2 had to go back to her father's place on the 10th day ..... be done in accordance with the rules and procedures followed in the respective officer and in the absence of a positive proof affecting the genuineness of an official act the said presumption cannot be rebutted. the law requires that investigation is to be completed and once it is found that investigation is complete within the specified period .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1998Cal70
..... examine the real nature of transaction to determine if such transaction was entered into fraudulently to defeat the claim of a creditor and that the benami transactions (prohibition) act would not operate as a bar to such an examination. but no decision appears to have been specifically recorded on that question.the sanchaita bench, however, ..... this question.thirdly, it is contended that the question of benami raised by the commissioner is also protected by section 6 of benami transactions (prohibition) act.the next contention on behalf of the commissioner is that the materials placed on behalf of the objectors kalpana and ananta are not at all sufficient to ..... court's order is devoid of any substance and should be negatived accordingly,next, it is contended on behalf of the commissioner that the benami transactions (prohibition) act does not affect the right of a third party to raise the question of benami and the commissioner being a third party is not precluded from raising .....
Tag this Judgment!Court : Kolkata
Reported in : [1998(79)FLR133],(1998)IILLJ861Cal
..... be considered as invested with such incidental or ancillary powers unless there is any indication in the statute to the contrary. we do not find any such statutory prohibition. on the other hand, there j are indications to the contrary?'reference was also made to the decision of a learned single judge of this court in ..... the authority concerned to whom the dispute is referred although the dispute remains outstanding and not adjudicated. in such event, section 20(3) of the industrial disputes act which provides for the termination of the proceedings cannot be attracted because no final or any award can be made whereby the dispute can be resolved. reference ..... allowing the writ application holding, inter alia, that the tribunal had become functus officio after the commencement of the award under section 17a of the industrial disputes act.2. the tact of this case is that one ram sub-hag rai was dismissed from service of the appellant and thereafter after conciliation proceedings the state .....
Tag this Judgment!Court : Kolkata
Reported in : I(1999)DMC283
..... at ranchi. on 27.1.1992 wife filed a suit under section 9 of the hindu marriage act, 1955 at ranchi. on 16.6.1992 wife filed a complaint case under sections 498a, 406 of i.p.c. and sections 3 and 4 of dowry prohibition act, 1961 at ranchi. on 20.9.1995 decree was passed under section 13(1)(ia) of hindu ..... marriage act, 1955 dissolving the marriage between the husband and wife.3. section 14 of the hindu marriage act, 1955 reads as follows:'14. no petition for divorce to be presented within ..... by her statements made in the letters. admittedly the complaint case filed by the wife under sections 498-a, 406 of indian penal code and sections 3 and 4 of dowry prohibition act, at ranchi is still pending and therefore, we do not make any comment or observation about the subject matter of that complaint case. the complaint case will be decided .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)3CALLT24(HC)
..... of calcutta case and which has been relied upon by the learned advocate for the appellants before us reads as under :--'all applications for writs in the nature of mandamus, prohibition and quo warranto, in which all the respondents reside or carry on business or have their offices situate within the ordinary original civil jurisdiction of this high court, whether ..... is pleased to appoint shri bikash chandra roy. son of late purna chandra roy, who has been working as assistant engineer (agri-mech) on an ad hoc basis, to act temporarily and until further orders as assistant engineer (agri-mech) in the west bengal service of agricultural engineers (mech-wing) on a regular basis with effect from 22-9-81 ..... reads as under:under order 1, rule 1, c p c all the plaintiffs could only be joined in one suit if the relief arose out of the same act of transactions and if any common question of law and fact arose. some common link or nexus must be found in order that the requisite as to there being the .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)1CALLT235(HC)
..... receive fair play in examination and get appropriate marks matching his performance' it will be a denial of the right to such fair play if there is to be a prohibition on the right to demand revaluation and unless a right to revaluation is recognised and permitted there is an infringement of rules of fair play. what constitutes fair play depends ..... that in its opinion it is not wise or prudent policy, but is even a foolish one and that it will not really serve to effectuate the purpose of the act 11. in arun d. desai v. high court of bombay through chief justice and others reported in 1984 (suppl) scc 372 it was observed that the students who failed in .....
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