Court : Kolkata
Decided on : Mar-07-2006
Reported in : 2007(1)CHN305
..... have relied on the evidence of the said two witnesses and granted probate on the basis of evidence of p.w. 7 to p.w. 9 placing reliance on section 33 of evidence act.52. we fully agree with the views of mr. banerjee, the learned advocate for the appellants that merely a witness has died and could not be produced for ..... evidentiary value of p.w. 7 to p.w. 9 later on when we will consider whether their evidence can be relied upon in view of provisions of section 33 of the evidence act as they are now dead.42. now let us turn to the evidence of p.w. 10 gita rani sen, the sole beneficiary of the will. in her ..... in a sealed cover superscribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document.section 43 of the registration act runs as follows:procedure on deposit of wills. - (1) on receiving such cover, the registrar, if satisfied that the person presenting the same for deposit is the testator .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-27-2006
Reported in : 2007(2)ARBLR508(Cal)
..... learned counsel for the appellant, assailing impugned judgment and order, contends that learned trial judge, while setting aside the award exceeded his jurisdiction under section 34 of the said act. two basic differences under the law between the principal agreement and arbitration agreement have been ignored by the learned trial judge as it is settled ..... years of the termination of the contract the appellant requested the chief engineer to refer the dispute to arbitration. he has drawn our attention to section 21 of the said act to understand the time when the arbitral proceedings commence. if the provision of law is applied to the facts and circumstances of this case, ..... learned judge has rightly found the mistake of the learned arbitrator on the question of limitation. in this connection he has drawn our attention to section 43 of the said act and also highlighted the fact that the contract was terminated on 26th november, 1979 whereas demand for arbitration was made on 4th june, 1989 .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-22-2006
Reported in : 2007(1)CHN55
..... the trust deed and indicated above will reveal that the power of revocation relates to appointment and not to the trust deed, and so clause (b) of section 78 of the trusts act which deals with 'revocation of trust' otherwise created has no manner of application here. it would further appear from the above that the power of appointment does ..... could be administered by the court if the occasion so arises, as was held in the case of patel chhotabhai (supra). illustration (c) of the said section 6 of the trusts act is as follows:a bequeaths certain property to b, requesting him to distribute it amongst such members of c's family as b should think most deserving. this ..... 2, on the other hand, on drawing court's attention to clause (c) of the trust deed at page 2 contended that all the conditions of section 6 of the trusts act having been fulfilled, and since the trust deed specifically provided right of revocation and right of appointment and when by virtue of such power of appointment the joint .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-04-2006
Reported in : 2007(2)ARBLR529(Cal),(2007)1CALLT167(HC)
..... provision contained in the said act in particular section 28, an arbitrator is required to decide in accordance with the terms of the contract and should also take into account the usage of the trade applicable to ..... wider meaning to the said expression 'public policy of india' and, therefore, the award in the instant case, being patently illegal, could be interfered with under section 34 of the 1996 act.33. relying upon the decision of oil & natural gas corporation ltd. (supra), it was submitted on behalf of the respondent that by reason of the specific ..... 1999 entered upon reference on 3rd august, 1999 and thereafter made and published his award on 9th september, 2000.12. the respondent filed an application under section 34 of the said act on 2nd january, 2001.13. by the impugned order the learned trial judge set aside the claim in respect of items no. 3 and 5 but .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-29-2006
Reported in : 2007(3)CHN256
..... immediately after incident and heard about the incident from the injured netai bauri including names of assailants and the offending weapons are admissible as res gestae under section 6 of the evidence act and these witnesses are p.w.i, p.w.2 and p.w.5. p.w.3 and p.w. 7 are the eye-witnesses.27 ..... the incident and heard about the incident and names of assailants from the injured and other eye-witnesses. evidence of latter category of witnesses are admissible under section 6 of the evidence act as res gestae. non-examination of i.o. is not at all fatal for the prosecution, if the case is otherwise proved from evidence, materials on ..... . it was also contended by mr. ghosh that the investigating officer was not examined and other vital witnesses were also not examined and adverse presumption under section 114(g) of the evidence act should be drawn against the prosecution. out of political rivalry the appellants were falsely implicated in this case.23. on the contrary, mr. swapan kumar mallick .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-11-2006
Reported in : 2007(3)ARBLR531(Cal)
..... other judgments rendered by the apex court, wherein it has been held that an application for setting aside an award has to be tried within the four corners of section 34 of the act. he submitted that public policy is a concept which has been described as an unruly horse and unreliable, to say the least, and there is, therefore, no ..... grounds enumerated therein. it is not in dispute that an application for setting aside the award would not lie on any other ground, which is not enumerated in section 34 of the act. the question as to whether the award is required to be stamped and registered, would be relevant only when the parties would file the award for its enforcement ..... should be patent affecting the rights of the parties.74. in the result, it is held that:(a)(1) the court can set aside the arbitral award under section 34(2) of the act if the party making the application furnishes proof that:(i) a party was under some incapacity; or(ii) the arbitration agreement is not valid under the law .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-28-2006
Reported in : 2007CriLJ1705
..... of hearing about the incident of assault on them by her from p. w. 2 and p. w. 4 cannot be ruled out. her evidence is admissible under section 6 of the evidence act as res gestae as she came to place of occurrence and saw the injuries of deceased, her husband and her mother-in-law.41. mr. basu contended before ..... the appellants at all. we have carefully perused ext. a which is a copy of judgment of the revenue officer in a suo motu proceeding under section 44(2a) of the w.b.e.a. act case no. 458 of 1991. ext. a reveals that the revenue officer corrected the record of rights as previously fraudulently name of a different person was ..... the accused persons. previously by practicing fraud it was recorded in the name of a different person and the revenue officer after initiating a proceeding under section 44(2a) of the w.b.e.a. act corrected the entries of record of rights in respect of plot no. 122/470. entries in ext. a clearly establishes that the appellants were assaulted by .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-21-2006
Reported in : 2006(3)CHN433
..... in the said letter, the following are mentioned as the references :(1) cil tender no. cil/c2d/sec.ii/bulk loading explosives/2005-06/26 dtd. 11.01.2005 and opened on 12.02.2005.(2) offer no. bulk loading explosives/iel/ts/2005-06/02 dated 12.02.2005.(3) the letter dtd. 11.04.2005 and subsequent ..... informed by reason. in appropriate cases, action uniformed by reason may be questioned as arbitrary in proceedings under article 226 or article 32 of the constitution....the state acts in his executive power under article 298 of the constitution in entering or not entering in contracts with individual parties. article 14 of constitution would be applicable to ..... without a remedy, but writ petition is certainly not that remedy.27. for suggesting that the coal india could not have added the supplementary clause. sections 10, 13 and 14 of the contract act were relied upon by sri ray as also the three reported decisions, they being 0065/1965 : [1966]1scr656 , bhagwandas goverdhandas kedia v. girdharlal .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-31-2006
Reported in : 2007(4)CHN616
..... this mandamus appeal is whether the railway authority was justified in cancelling the previous selection only because the appellant was arraigned in a criminal case under section 498a and section 306 of the indian penal code.11. mr. bandyopadhyay, the learned senior advocate appearing on behalf of the appellant submitted before us that there ..... supreme court in that case pointed out that rule 28 of the karnataka state civil service rules prohibited bigamy without the permission of the employer and such act amounted to 'misconduct' under the rules itself and thus, notwithstanding acquittal in the criminal case where the standard of proof was higher than the one prevailing ..... beyond reasonable doubt whereas in the latter type of an enquiry, preponderance of probability is the guiding factor. but in all those cases, the criminal acts were committed in course of employment of in connection therewith or against the employer or the co-employee and thus, it also gave rise to misconduct resulting .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-06-2006
Reported in : 2006(4)CHN93
..... statements before one learned magistrate. after completion of investigation, police submitted chargesheet against four persons in all as indicted earlier.7. the learned additional sessions judge framed charge under section 302/201/34 of the ipc against all the four persons and they pleaded not guilty.8. prosecution during trial examined 14 witnesses in all which included p.w.1 ..... 1992 in the evening the victim in the company of one person went to panagarh for the purpose of giving his video set along with some cassettes on hire.19. acting on the information of the younger brother of the victim, p.w.5, investigating officer established contact with the rickshaw puller p.w.4 who by his rickshaw brought ..... learned magistrate and since there was no suggestion given to the learned magistrate in this regard, we are not inclined to hold that ti parade was defective and cannot be acted upon.36. thus, from the statement of p.w.4, p.w.5, p.w.10 and p.w.11 along with result of ti parade, post-mortem .....
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