Court : Kolkata
Decided on : Jun-19-2006
Reported in : 2006(4)CHN100
..... no. 255 dated 14th september, 1994 at 1.45 p.m. i.e. 13.45 hours under sections 148, 149, 326, 307/34 of ipc read with sections 25 and 27 of the arms act and section 9(b) of i.e. act. p.w. 19 made arrangement for sending the victim to s.s.k.m hospital, examined witnesses, ..... there was failure of justice which caused serious prejudice to the appellant. mr. basu, therefore, submitted in the circumstances, conviction of the appellant only under section 302 of cr. pc without framing any specific charge against him is not permissible under the law and accordingly the order of conviction passed against the appellant is not ..... persons were acquitted of the charges and no appeal has been preferred by the government against the order of acquittal. therefore, conviction of the present appellant only under section 302 of ipc without framing any specific charge against him, deprived him of availing an opportunity to cross-examine the prosecution witnesses concerning the offence and, therefore, .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-13-2006
Reported in : (2007)2CALLT460(HC)
..... offence is alleged to have been committed in, or in relation to, any proceeding in any court, or(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a ..... and both should be taken into account conjointly for the purpose of launching a complaint for alleged commission of offences as mentioned in clause (b) of sub-section (i) of section 195 cr. pc by a court concerned to a competent criminal court having jurisdiction to entertain the matter. this view was long back expressed by the court in ..... revenue or criminal court, and includes a tribunal constituted by or under a central, provincial or state act if declared by that act to be a court for the purposes of this section.(4) for the purposes of clause (b) of sub-section (1), a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-07-2006
Reported in : 2006(4)CHN188
..... applicability to an industrial establishment or a class of industry in a local area. 'any class of industry' and 'industry' have been defined in section 2(al) and section 2(aa) of the said act respectively. it is nobody's case that hotel hindusthan international is a class of industry; as such, this court need not consider the applicability ..... submission of mr. majumdar. mr. das further added that when the hon'ble appeal court directed the registrar of trade unions to consider the application under section 28a of the said act submitted by the respondent no. 3 by treating the hotel as 'an industry', the registrar of trade unions has no other alternative but to decide the ..... the order passed by the registrar of trade unions, west bengal on 8th december, 2005 in connection with the application of the respondent no. 3 under section 28a of the said act as well as the legality of grant of certificate in favour of the respondent no. 3 declaring the said respondent as the sole bargaining agent in .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-29-2006
Reported in : 2006(4)CHN459,[2006(110)FLR606],(2006)3LLJ408Cal
..... on the evidence adduced by the parties, the writ court should interfere with the conclusions of the tribunal and he relied upon the decisions reported in baldev singh v. indian explosive ltd. 76 cwn 342, raza textiles ltd., rampur v. income tax officer : [1973]87itr539(sc) (supra) where the hon'ble supreme court held that whether ..... service and pay him back wages within 30 days from the date of publication of the award.7. subsequent thereto, in pursuance of the provisions of section 17 of the said act, governor was pleased to publish the said award by a notification dated september 10, 2003.8. the respondent company filed a writ petition before this ..... 2003 published the award.5. the learned tribunal came to conclusion that sri subir guhathakurta appellant herein, falls within the definition of the workman under section 2(s) of the said act and also held that the reference is maintainable in law issues referred before the learned tribunal are that (a) whether the termination of service of .....
Tag this Judgment!Court : Kolkata
Decided on : May-12-2006
Reported in : (2006)3CALLT50(HC),2006(4)CHN136
..... connection with the said proceeding. mr. ghosh contended that in connection with the demolition proceeding, the corporation is required to serve a notice under section 400 of the said act and a copy of the precis prepared in connection therewith upon the person responsible.39. mr. ghosh pointed out that those two documents were served ..... no, 1 by the municipal authorities vide their letter dated 26th december, 2005.7. the petitioner no. 1 replied to the said notice under section 400 of the said act by his letter dated 2nd january, 2006 whereby the allegation regarding illegal construction at the said premises was denied by the petitioners. the petitioners invited ..... property for marriage function, parties, kirtans and other social gatherings on payment of huge amounts.4. on receipt of the said complaint, notice under section 400 of the said act was served upon the complainants, viz., the respondent nos. 11 to 17 herein whereby the complainants were called upon to demolish a number of single .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-24-2006
Reported in : 2006(4)CHN476
..... was the private-respondent before the learned tribunal while the other was instituted by one abhijit dey ('abhijit') who was the successful applicant before the tribunal under section 19 of the administration tribunals act, 1985.3. by the order of the tribunal, the selection of subhro was quashed at the instance of abhijit and a direction was given by the ..... definite averment of bias and/or mala fide, the division bench was not willing to accept any submission made at that stage that the selection committee could have acted with bias in selecting subhro for the post in question despite the fact that his academic achievements were in fact the lowest among all the candidates. the division ..... consisting of written test followed by viva voce, even if, 50 per cent of the total marks are kept apart for viva voce test therein and thirdly, by acting under a wrong impression that the decision given in ashok kumar yadav's case is no longer a good law and the views expressed in jasvinder singh's case .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-22-2006
Reported in : 2007(3)CHN49
..... said premises, the petitioner had approached the kolkata municipal corporation (hereafter the corporation) with the prayer to initiate appropriate action against them. the corporation not having acted on the basis of the petitioner's prayer, writ petition no. 16602 (w)/05 had been instituted by the petitioner in this court. by order dated 23 ..... heard the learned counsel for the parties and has considered the various authorities cited at the bar, and particularly the provisions of the drugs and cosmetics act (hereafter the said act) and the said rules.15. before adverting to the rival submissions at the bar, it would be profitable to note the relevant statutory provisions ..... to maintain a petition seeking mandamus.32. the respondent no. 2, who is required to discharge duties and perform functions within the four-corners of the said act and the said rules, is not obliged to take into consideration any and every representation which might be lodged with him, objecting to renewal of licence. .....
Tag this Judgment!Court : Kolkata
Decided on : May-12-2006
Reported in : (2006)2CALLT547(HC),2006(4)CHN392
..... pradesh reported in : 1975crilj870 , in support of his contention that omissions of important facts, affecting the probabilities of the case, are relevant under section 11 of the evidence act in judging the veracity of the prosecution case. in the instant case, there being glaring omissions of important facts in the fir, the trial ..... in the face of presentation of such overwhelming evidence against the appellants, the trial court rightly convicted and sentenced them for commission of offence under section 302 read with section 34 of the indian penal code, as contended by mr. safiullah.14. the prosecution heavily relied on the testimony of the eyewitnesses to build ..... of the witnesses, chargesheet was submitted against both the appellants.5. following the commitment of the case to the court of session, charge under section 302 read with section 34 of the indian penal code was framed against both the appellants. they were charged with having committed the intentional murder of md. jahangir .....
Tag this Judgment!Court : Kolkata
Decided on : May-12-2006
Reported in : 2006(4)CHN307
..... of this petition heavily relying himself on the provisions of the west bengal gambling and prize competitions act, 1957. he invites our attention to the 'common gaming house' under section 2(a) and the definition of gaming and gambling in section 2(b). he points out that gaming or gambling includes wagering or betting except wagering or ..... thereafter a reference is made to sections 30 and 31 of the indian contract act which declares that the wagering contract is a nullity. the provisions of the west bengal act, referred to above, are then brought out in the petition and ultimately in paragraph 17 ..... or sponsors in the form of various competitions. the petitioner has referred to the bombay prevention of gambling act, the madras gaming act, the hyderabed prevention of public gaming act and the west bengal gambling and prize competitions act of 1957.3. the definition of gambling as it is found in various dictionaries is relied on and .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-05-2006
Reported in : 2006(4)CHN658,[2007(113)FLR853],(2007)ILLJ936Cal
..... referable incorporation contended that the present case is governed not by sub-clause (i) or sub-clause (ii) but by sub-clause (iii) of clause (f) of section 2 of the payment of gratuity act, 1972, and as there is a branch manager in every branch of the bank who has the ultimate control over the affairs of the establishment, the need ..... /or incharge of the respective branch is entrusted with the day-to-day affairs of such branch and is being treated as an employer as defined in section 2(c) of the equal remuneration act, 1976, and as such the petitioner has unnecessarily been implicated in the case. there is no actuaries nor mens rea insofar as the petitioner is concerned ..... failed to maintain register in form 'd' at their work-spot at 19, synagogue street, city centre, calcutta - 700 001 in violation of the provisions of section 10(1)(a) of the said act read with rule 6 which is not at all correct. the concerned branch manager who was the head of the branch and has control over the affairs .....
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