Court : Kolkata
Decided on : Feb-08-1989
Reported in : 96CWN827,(1993)IIILLJ199Cal
..... of the respondent no. 2 was without justification. it was further held that it was a case of retrenchment without complying with the provisions of section 25f of the industrial disputes act. the tribunal further held that, since the termination of service of the respondent no. 2 was not justified, he was entitled to reinstatement in ..... which sen was asked to perform as a geologist was totally different from that of a transport engineer under burma shell co. or aircraft maintenance engineer under indian explosive. he merely took the assistance of manual labourers, such as drillers and samplers. the surveyors would merely locate the drill holes according to the plan prepared by ..... the disputed property was a tank.21. in the case of baldev singh v. union explosives, 76 cwn 342 it was held by this court that the appellant baldev singh was not a workman within the definition of industrial disputes act and could not raise an industrial dispute and the tribunal had no jurisdiction to entertain or .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-25-1989
Reported in : AIR1991Cal3
..... between the parties, has a tradition in india. it has a social purpose to fulfil today. it has a great urgency today when there has been an explosion of litigation in the courts of law established by the sovereign power, new rights created, or awareness of these rights the erosion of faith in the intrinsic sense ..... norms which will create confidence, not only by doing justice between the parties, but by creating a sense that justice appears to have been done. sections 30 and 33 of the act provide for the grounds on which an award of the arbitrator can be set aside. these were mainly, until recent changes made by statutory laws in ..... should be condemned unheard or without representation. it was necessary to do that because the arbitrators are not strictly courts of law guided by the civil procedure code and evidence act laying down massive details of procedure.in the absence of any procedure, prescribed either by statute or by contract, the arbitrators must follow the principles of natural .....
Tag this Judgment!Court : Kolkata
Decided on : May-05-1989
Reported in : (1991)IILLJ360Cal
..... were that the respondent was a shot firer in a colliery and being a risky, technical job had to possess a certificate for which he handed over an explosive to an unskilled hand who fired it, and accident occurred and one bhadu employed in the mine was injured. the regional inspector of mines enquired into the cause ..... justification of such termination. the said clauses specially the clauses 1,2 and 52 of the said agreement are thus violative of the provisions contained in section 23 of the contract act as also article 14 of the constitution of india.the learned advocate further submitted that an adequate means of livelihood cannot be secured to the citizens ..... the high court by observing that considering the inequality in the bargaining power of the parties, the clause in the contract of employment was void under section 23 of the contract act as opposed to public policy besides being ultra vires article 14.7. learned advocate for the petitioner also relied upon the decision in the case of .....
Tag this Judgment!Court : Kolkata
Decided on : May-18-1989
Reported in : 1990LC382(Calcutta),1989(43)ELT11(Cal)
..... manufacture of goods. this is quite independent of the ownership of goods. therefore, the value and goods produced on job-work basis, for the assessment under section 4 of the excise act will not be the processing charge alone but the intrinsic value of processed fabrics are sold for the first time in the wholesale market.12. after scrutinising ..... cause as to why central excise duty should not be demanded from and paid by the petitioner under rule 9(2) of the said rules read with section 11a of the said act and as to why the penalty should not be imposed upon the petitioner under rule 173q of the said rules. the petitioner, however, replied to the ..... by the manufacturers, the petitioner cannot be regarded as the manufacturer in respect of the said manufacturing activities of the manufacturers as per definition given in section 2(f) of the said act and the respondent no. 1 and the central excise authorities while issuing notices upon some of the manufacturers requiring them to show cause as to .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-03-1989
Reported in : (1989)2CALLT110(HC),94CWN207
..... on behalf of the appellant that the plaintiff cannot sue for partition in order to take advantage of the provision of pre-emption as contained in section 4, partition act. a plain reading of section 4 of course may lend some assurance to the view that a co-sharer can ask for preemption only if the stranger purchaser sues for partition. ..... preferred against concurrent judgments of the courts below. in a suit for partition by a co-sharer both the courts below granted him a decree for pre-emption under section 4, partition act.2. the property comprised of two rooms, one on the ground floor and another on the first floor, and a chalaghar on a piece of land measuring ..... -house has qualified the expression dwelling-house by the words 'wholly occupied by members of family' and that no such qualifying words are to be found in section 4 of the partition act. a dwelling-house, for the purpose of the latter provisions need not necessarily be 'wholly occupied by the members of the family' and if the co- .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-14-1989
Reported in : [1990]181ITR168(Cal)
..... as his legal heir and representative. the name of the son be recorded.2. the question that has been referred to us by the tribunal under section 27(1) of the wealth-tax act, 1957 ('the act'), is as under :'whether, on the facets and in the circumstances of the case, the tribunal was correct in holding that the assessee was entitled ..... the assessment year 1974-75, rs. 1,70,000 was added as the value of the house property. this addition was done by applying the provisions of section 4(1)(a) of the act which lays down as hereunder :'4. net wealth to include certain assets.--(1) in computing the net wealth of an individual, there shall be included, as ..... to deduction under section 5(1)(iv) of the wealth-tax act, 1957, in respect of the house at hindusthan road, calcutta, belonging to his wife ?'3. the assessments relate to the assessment years 1970-71 to .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-20-1989
Reported in : (1989)1CALLT281(HC)
..... .5. considered the facts and submissions made by mr. banerjee. the land acquisition collector has been under the wrong impression that the applications under section 18 of the land acquisition act were made for higher valuation of land and not for interest only and the awards made in 1967 are final awards and no reference applications were ..... and time does not run till the award is final. but' order, dated 27th may, 1980 the l.a. collector rejected the application under section 18, of the land acquisition act on the ground that the application is barred by limitation and this order is now under challenge.3. mr. banerjee, the learned advocate appearing for ..... up analogously for hearing as the point is one and the same and are disposed of by this judgment.2. by virtue of notification under section 4 of the land acquisition act, 1894 and proceedings started thereunder the government acquired a large number of plots of land for development of industries in durgapur area and the possession .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-21-1989
Reported in : II(1990)DMC312
..... devi. the father of the plaintiff biswanath chowdhury who alone was competent to give the plaintiff in adoption in terms of the mandatory requirements of section 9 of the said act did not participate or acquiesce in or consent to the giving of the plaintiff in adoption and that was so despite the fact that biswanath ..... of the plaintiff as the adopted daughter of late uttam kumar chatterjee. in order to appreciate the contentions raised by the parties the following sections of the hindu adoption and maintenance act 1956 are reproduced below :--section 6 : no adoption shall be valid unless-- (i) the person adopting has the capacity, and also the right, to take in ..... pretended deed of adoption was executed by and between smt. supriya chowdhury and the said deceased uttam kumar chatterjee. the condition expressly set out in section 11(vi) of the said act, namely, that the child must be actually taken and given in adoption by the parents concerned with intent to transfer the child from the family .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-27-1989
Reported in : 1989(24)ECC264,1990(45)ELT546(Cal)
..... article chargeable with duty from the factory for delivery at the place of manufacture. the words 'manufacture' and 'manufacturer' had been defined by clause (f) of section 2 of the act, and for the purposes of the present controversies what is relevant is that part of the definition which defines a manufacturer of goods as being 'any person who ..... of facts cannot conveniently be dealt with or decided in the writ petition. it is further stated that by way of implementing provisions as contained in section 2(f) of the act, the central excise authorities, as the collector of calcutta on or about october 10,1975 issued a trade notice whereby attention of the trade was invited ..... representation was made. the collector, west bengal, on or about 24.1.1977 passed an order holding that goodyear is a manufacturer within the meaning of section 2(f) of the act in respect of the goods purchased by the petitioner by relying on the judgment of gujarat high court in the case of jamnadas chottalal desai v. .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-16-1989
Reported in : (1990)1CALLT65(HC),94CWN307
..... to note that justice c. chinnappa reddy was a party to all the three judgments referred to above. for the foregoing discussion i must held that section 21e of the act is not constitutionally invalid.11. another submission that has been made on behalf of the petitioner is that as the right of the authority concerned to decide ..... or under the law for the time being in force entitled to practise'.in view of the various authorities on the subject, we cannot but held that section 9a of the act is not an unconstitutional restriction on advocates to practise their profession'.9. and looking into the matter from the other angle, the supreme court observed as ..... every advocate entered in the state roll to practise as of right before, inter alia, any tribunal or person legally authorised to take evidence, the embargo of section 21e of the act, yield place to the former. in support of the above averments, the decision of the supreme court in the case of srinivasa raghavachar v. state of karnataka .....
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