Court : Kolkata
Reported in : (1999)3CALLT39(HC)
..... studies and the boards of studies shall commence to exercise their respective functions and the statutes, the ordinance and the regulations of the former university as reviewed or amended under sub-section (2) shall come into force and shall be the statutes, the ordinances and the regulations of the university. sub-section 7 : the statutes ..... or managed by the former university prior to the appointed day shall be deemed to be colleges or institutions established, maintained or manged by the university under this act; (d) all affairs, functions or activities of the former university including studies and examinations, commenced and in programme before the appointed day, shall be deemed to ..... .26. sub-section 3 of section 20 of the kalyani university act, 1960 required that every ordinance 'shall, before it is given effect to, be submitted to the chancellor and shall be modified or amended in such manner as may be suggested by the chancellor'. section 20{4) reads as under:section 20(4) : the .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)2CALLT414(HC)
..... avenue calcutta, was transferred to the above incorporated company. 19. in furtherance, the petitioner stated that on 25th january, 1973, the original plaintiff made an application for amendment of the plaint for declaration that the premises nos. 8 & 12, chittaranjan avenue, belongs to the estate of kalipada barick as alleged, was purchased out of the ..... submission of law. this application cannot be hit by res judicata or principles analogous thereto and by virtue of section 4 of the benami transaction (prohibition) act, the property of the company cannot be treated as copercenery property now. 33. from enquiry it appears that the branch of saroj is taking an independent ..... effect and is applicable to pending suits also. 43. therefore, it appears that question of benami transaction is, in effect, applicable by virtue of such act in respect of the premises which the petitioner is claiming to be the properties of the company but not the coparcenery property. under this context, the scope .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(1)CHN495
..... court of law.20. in wazir chand mahajan and anr. v. union of india, reported in : [1967]1scr303 , the law is stated in the following terms :'...................by the amendment made by the arbitration act 10 of 1940, articles 158 and 178 were modified and in the articles for the expression 'under the code of civil procedure, 1908' the words 'under the arbitration ..... not confined only to applications made under the code of civil procedure as was the position under the old limitation act. reference in this connection may be made to kerala state electricity board v. t.p. kunhaliuonma, reported in : [1977]1scr996 and commissioner of wealth tax, cal. v. u. c. mehatal, reported in : air1995sc1925 .17. in patel motibhai naranbhai v. d.m .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)2CALLT105(HC),2000(1)CHN173
..... had been conferred upon the authorities concerned.51. in the aforementioned backdrop the provision of the west bengal amendment act and the rules may be considered.52. sub-section (1) of section 47a of the said act postulate that when the registering authority has reasons to believe that the market value of the property which is ..... kaka singh v. addl. collector reported in : air1986all107 and collector of nilgiris v. mahavir plantations pvt. ltd. reported in : air1982mad138 .42. section 47a of the stamp act as amended by the state of tamil nadu also fell for consideration before a division bench of this court in ango-american direct. tea trading co. ltd. v. state ojmadras : air1984cal174 ..... effect of under valuation in an instrument. for the reasons aforementioned, in my opinion, it has to be held that section 47a of the stamp act as amended by the state of west bengal is within its legislative competence.32. it is not correct to contend that the registering authority has not been conferred .....
Tag this Judgment!Court : Kolkata
Reported in : [1999(82)FLR509],(2000)ILLJ565Cal
..... by a larger bench and in particular in view of the fact that therein inter alia, the vires of section 15(2)(b) of the industrial disputes act, 1947 as amended by the state of west bengal, had been questioned.3. as the questions raised before us are pure questions of law and as this bench has been ..... not been violated, whether the materials on which the management has reached a conclusion adverse to the workman, a reasonable person could reach such a conclusion.'21. in the general electric company of india ltd. v. the fifth industrial tribunal, west bengal and ors., 1990 (60) flr 874 (cal) it is stated :'the expression 'prima facie' means ..... counsel appearing on behalf of webel nicco electronics ltd. relying on or on the basis of the decision in the management of the bihar state electricity board v. the workman of the bihar state electricity board and ors., (supra) submitted that conditions can be imposed while granting interim relief. in those cases, the courts were concerned with grant .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)1CALLT107(HC),2000(1)CHN245
..... in the retrial, his confessional statement recorded under section 164 cr.pc cannot be taken into consideration against the present appellants under section 30 of the evidence act. the learned advocate for the appellants has in this connection also relied upon certain decisions cited by him which we will refer to at a later stage. ..... since he was not being jointly tried with the present appellants at the retrial his confession cannot be taken into consideration under section 30 of the evidence act at the retrial relating to the present appellants. in this connection the learned advocate for the appellants has referred to certain decisions namely emperor v. keramot ..... of charges at the stage of argument at the behest of the learned special public prosecutor, thereby making amendment in respect of the names of the places of occurrence in the concerned charges. in view of such amendment in the concerned charges at the stage of argument before the trial court, the division bench hearing the .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)2CALLT404(HC),[2000(87)FLR314]
..... the court or can be re-opened before the court for the reason that after the point was duly considered by the learned tribunal and application for amendment of the written statement was made by the petitioners only for the purpose of incorporation of the technical point of referability of the dispute by the state ..... the petitioner company submitted that the respondent is gainfully employed as per vigilance department's report when such prayer in the application under section 17(b) of the act was not raised by him.12. the respondent no.3 is the real contesting party herein. he has made his various submissions opposing the contentions of the ..... statement filed by the petitioner company.2a. that the state of west bengal is not the appropriate government within the meaning of section 2a of the industrial disputes act, 1947 and hence the present proceedings before the learned tribunal are without jurisdiction'.6. admittedly, the prayer of the petitioner company was allowed subject to the .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)2CALLT1(HC)
..... the exercise of original jurisdiction not arising out of a suit'45. section 22 of the city civil court act read with the second schedule to the act also fortifies this. section 22 provides for the amendment of central acts in their application to west bengal 'to the extent and in the manner mentioned in the fourth column of ..... the schedule'. the indian succession act, 1925 is mentioned in the schedule. the sections of the indian succession act sought to be amended are 2(bb), 273, 274 and 300 and not section 302. the exclusion of section 302 would show that the ..... this brought about legislative changes. section 53a was introduced in the transfer of property act, 1882; section 49 of the registration act, 1908 was amended and section 27a incorporated in the specific relief act, 1877 (since replaced by sections 10 and 13 of the specific relief act, 1963). the law now allows the rule in walsh v. lonsdale to operate .....
Tag this Judgment!Court : Kolkata
Reported in : [2000]77ITD218(Cal)
..... 201(1), although the assessee was not a company.section 246 was substituted by the direct tax laws (amendment) act, 1987 with effect from 1-4-1989. it is contended by the assessee that there was no material change in the amended provisions, in so far as the same are relevant for the purposes of the present appeal. it has ..... have been issued under the substituted section 246. it has also been pointed out that the aforesaid notification dated 4-6-1979 has not been amended, modified or rescinded in any manner after the amendment with effect from 1-4-1989. it is thus argued that the commissioner (appeals) had the powers to decide the appeal against the ..... india, there would be no requirement to deduct tax at source from such payments, even though such payments might ordinarily come within the ambit of different provisions of act relating to deduction of tax at source. we are unable to find justification in this type of generalized argument., payments made by resident parties outside india may be .....
Tag this Judgment!Court : Kolkata
Reported in : 2000CriLJ2189
..... court in narayan raov. state of andhra pradesh, air 1957sc 737 : 1957 cri lj 1320. this is a decision under the corresponding provisions of the old code as amended by the amending act, 1955. in paragraph 9 of the report it was, inter alia, held by the apex court that in order to simplify commitment proceedings preceding the trial of accused ..... in s.l.p. (cri) no. 3356/97.4. for better appreciation of the issues involved, brief narration of some facts of the case is considered necessary.5. acting upon a secret information, on 24-1-97 police intercepted accused/petitioner and two others and upon search recovered two packets containing about 2 kgs. herein from the petitioner and ..... person by a court of session, section 207a (old code) was added by way of amendment of the code in 1955. from sub-sections (3) and (4) of the .....
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