Court : Kolkata
Decided on : Apr-12-2006
Reported in : 2006(3)CHN655
..... supreme court in a.k. roy and anr. v. state of punjab and ors. reported in : 1986crilj2037 and the court held that sub-section (1) of section 20 of prevention of food adulteration act, 1954 is mandatory in nature since it starts with a negative word. in coming to the said conclusion the learned judge relied on craies on ..... proceedings. the question which came up for consideration was whether the award given by the president and not by the tribunal is valid in view of section 60 of punjab improvement trust act which provides for its composition and says that the tribunal 'shall consist of the president and two assessors'. in that context it was held that ..... )31. similarly in mannalal khetan and ors. v. kedar nath khetan and ors. reported in : [1977]2scr190 , it has been held that the provision contained in section 108 of companies act, 1956 is mandatory in view of the use of negative words containing the prohibition against the transfer of shares without complying with the provisions of the .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-25-2006
Reported in : AIR2006Cal340,2007(34)PTC522(Cal)
..... period if a breach of the terms and conditions of the agreement has been committed by the assignee. from the statutory requirement contained in section 19 of the said act for constituting a valid assignment, it appear to me that once the agreement contains the necessary specification required under the statute violation thereof may ..... sound-track and/or any part thereof. 48. if the intention of the parties under the agreement falls within the meaning of copyright under section 14 of the said act it would amount to an assignment of copyright. though strictly speaking the intention of the parties in the agreements seems to lay emphasis on the ..... first owner of the copyright.43. the expression 'dramatic work,' 'literary work,' 'musical work' all has different and distinct meaning and connotation under the said act. from the definitions contained in sections 2(h), 2(o) and 2(p) with regard to 'dramatic work,' 'literary work,' 'musical work' respectively, it clearly appears that 'dramatic work' .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-20-2006
Reported in : (2007)2CALLT266(HC),(2007)137CTR(Cal)314
..... with the rent controller. in furtherance of the claims relating to maintenance charge and municipal tax and commercial surcharge, it was submitted that sub-sections (7) and (8) of section 5 of the said act statutorily ordained that a landlord was entitled to the same. the company's defence, both in the statutory notice and in the affidavit used ..... beginning november 2003, was not being pressed in these proceedings. learned counsel, however, submitted that the claims in the statutory notice pursuant to section 5(7) and section 5(8) of the said act were being pressed.5. in respect of the first head of claim, that of arrears of rent for the period april 1999 to july 1999 ..... month totalling to rs. 2,70,000. the enhanced rent for the period beginning november 2003, was claimed on the strength of section 17(4a) of the west bengal premises tenancy act, 1977 ('the said act') that came into effect immediately prior thereto. maintenance charges were sought at the rate of 10 per cent, of the rent in .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-07-2006
Reported in : (2007)1CALLT116(HC)
..... kumar mitra, j.1. challenge in this writ petition is the intended acquisition of residential plot with building allegedly for public purposes. in the notification preliminary published under section 4 of act (1) of 1894 the purpose was shown as widening of raja s.c. mullick road at calcutta. the claim of the petitioner here is that his land ..... no. 134, raja s.c. mullick road was requisitioned by kmda allegedly for the purpose of widening of raja s.c. mullick road. admittedly, a notice under section 4 of act i of 1894 was served on a minor boy out of the petitioners/owners.11. it appears from the report of the learned special officer, mr. rabi shankar ..... .2000. thus, the state authorities accepted the ownership of the petitioners.35. in paragraph 5 the state authorities say that declaration of acquisition of land under section 6 of the said act has been notified and the petitioners have also a claim of ownership over premises no. 134 raja s.c. mullick road. the state authorities has stated in .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-08-2006
Reported in : 2008(1)CHN532
..... establishes demand for dowry in connection with the marriage and in the circumstances of the case constitutes to be a case falling with definition of dowry under section 2 of 1961 act and section 304b of the ipc. there was torture also both physically and mentally on the same demand of dowry and it establishes the elements of offence under ..... of the said parties, but does not include dowry or mehr in the case of persons to whom the muslim personal law (shariat) applies.54. section 113a of the evidence act runs as follows:113a. presumption as to abetment of suicide by a married woman.-when the question is whether the commission of suicide by a woman had ..... it appearing in different pages of the diary which was marked as material ext. 9 and the writings being ext. 3 series in different pages. under section 73 of the evidence act court has authority and jurisdiction to compare the handwritings and court is expert of all experts. a careful perusal of the handwritings of the deceased made by .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-16-2006
Reported in : (2006)2CALLT44(HC),2006(2)CHN68
..... proceeding being g.r. case no. 599/2003 arising out of suri p.s. case no. 193/2003 dated 24.11.2003 under sections 176/346/317/120b read with sections 41/45 of the juvenile justice act, 1986 pending in the court of id. sdjm, suri, birbhum being not maintainable against the petitioners, be quashed.14. let a copy ..... , since repealed, has no manner of application in this case. nevertheless, there is no corresponding provision of the said section 41 or section 45 of the repealed act in the new act or rules framed thereunder. the new act or the said rules do not provide for any punishment for violation of any provision. so, there is no scope for attracting the ..... with all my concurrence to the above contention of mr. basu, i may plough a lonely furrow.6. by virtue of the power conferred by section 68 of the juvenile justice (care and protection of children) act, 2000, the west bengal juvenile justice (care and protection of children) rules, 2003 were made, coming into force with effect from 29.01 .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-14-2006
Reported in : (2007)207CTR(Cal)484,[2006]286ITR518(Cal)
..... claimed interest on such refund because of delayed payment. such prayer was rejected by the authority on the ground that interest was not payable in terms of section 244a(4) of the said act. the order of refusal of payment of interest on such refund was challenged in a writ petition which was dismissed by the learned single judge. the ..... amount of the excess interest payable and requiring him to pay such amount; and such notice of demand shall be deemed to be a notice under section 156 and the provisions of this act shall apply accordingly.(2) on any portion of such amount which is refunded under this chapter, interest shall be payable only up to the date on ..... him in respect of the amount so found to be in excess.244a.(1) where refund of any amount becomes due to the assessee under this act, he shall, subject to the provisions of this section, be entitled to receive, in addition to the said amount, simple interest thereon calculated in the following manner, namely:(a) where the refund is .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-04-2006
Reported in : AIR2007Cal49
..... facts of the present case. we have already indicated that we do not for a moment dispute the contention of mr. roy that the service of notice under section 13(2) of the act really gives power to the secured-creditor to proceed against the debtor and that the same is mandatory but we are unable to accept his contention that the ..... the authorised officer. we appreciate the contention of mr. roy, the learned advocate appearing on behalf of the respondent, that the decision to give notice in terms of section 13(2) of the act must be taken by either the secured-creditor or the authorised officer as the case may be but that does not mean that the notice cannot be conveyed ..... behalf of the appellant has vigorously contended before us that the learned single judge committed a gross error of law in holding that the notice in terms of section 13(2) of the act is required to be given by the secured-creditor or its authorised officer himself, but in no case, by their learned advocate on the basis of the .....
Tag this Judgment!Court : Kolkata
Decided on : May-15-2006
Reported in : 2007[2]STR315
..... any particular form, it can be in any form. no specific phraseology or language is required to take such a plea. the language in section 16(c) of the specific relief act, 1963 does not require any specific phraseology but only that the plaintiff must aver that he has performed or has always been and is willing ..... hind construction air 1965 sc 917 (supra). in that case this court was considering the jurisdiction and power of the industrial court during the time when section 11-a of the industrial disputes act, 1947 was not on the statute book. considering the nature, of the punishment imposed on the workmen, who had gone on strike, because they ..... the book of maharashtra legislature. parliament introduced the concept of unfair labour practices by inserting chapter v-c by act no. 46 of 1982 w.e.f. 21st august, 1984. sections 25-t and 25-u of the industrial disputes act deal with 'prohibition of unfair labour practice' and 'penalty for committing unfair labour practices' respectively. the term .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-2006
Reported in : 2006(4)CHN302
..... the suit as framed was not maintainable and was hopelessly barred by limitation. the suit was also hit by the provision of section 34 of the specific relief act and section 57b of the west bengal estates acquisition act.(2) the defendant was the absolute owner of the suit property for all material purposes and was in possession of the same ..... 3480 and 3481 was 58 and 55 decimals respectively and those had been retained by alamohan das, the father of the appellant under the provision of west bengal estates acquisition act. at the time of preparation of r.s. khatian, dag no. 3480 was recorded in khatian no. 229 and dag no. 3481, in khatian no. 2295 ..... by exercising various overt acts of ownership and possessions since the deed of gift dated 14th september, 1951 was executed and registered .....
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