Court : Kolkata
Decided on : Apr-25-2006
Reported in : (2006)3CALLT276(HC)
..... of the defence services regulations/ however, do not authorise the military secretary's branch to declare any statutory complaint as untenable. furthermore, section 27 of the army act specifically provides that any army officer who deems himself wronged by his superior officer may complain to the central government for redressal of ..... additional solicitor general, the aforesaid executive instructions have been issued by the government of india to supplement the provisions of section 27 of the army act.62. referring to various paragraphs from the defence services regulations and army orders, learned additional solicitor general submits that the statutory complaint dated ..... order passed by the military secretary's branch is incurably bad and non est.61. the learned additional solicitor general referring to section 27 of the army act submits that procedure for filing complaints has been clearly stipulated in para 364 of the defence services regulations. according to the learned .....
Tag this Judgment!Court : Kolkata
Decided on : May-05-2006
Reported in : 2006(3)CHN322
..... to any premises held under a lease for a period of not less than 15 years.(2) notwithstanding anything to the contrary contained in sub-section (1) but subject to sub-section (3) of section 1, this act shall apply to all premises held under a lease which has been entered into after the commencement of the west bengal premises tenancy (amendment) ..... inasmuch as, a lease-deed cannot be executed by giving effect of the lease from an anterior date. in view of section 5 of the transfer of property act, any transfer of property provided in the said act can be given effect to either from the date of execution and registration or from a future date but there is no scope ..... is not expressed to be terminable before its expiration at the option either of the landlord or of the tenancy, nothing in this act, other than the provisions relating to rent and the provisions of sections 31 and 36, shall apply to any premises held under such lease.12. after hearing the learned counsel for the parties and after .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-2006
Reported in : 2006(3)CHN407
..... 1969.(i) the west bengal legislature subsequently passed an ordinance which was later on incorporated into a statute, namely, the murshidabad estate administration (amendment) act, 1959 by which the proviso to section 5 of the murshidabad estate administration act, 1933 was deleted and a new proviso was added so that the property might not be restored to the eldest brother of the writ ..... of several lakhs of rupees.(f) by virtue of the provision contained in the government of india act, 1935, the properties of the murshidabad estate vested in the then government of bengal and under section 177 of the said act, all contracts except those mentioned in section 178 thereof, made by the secretary of the state were deemed to have been made on behalf .....
Tag this Judgment!Court : Kolkata
Decided on : May-02-2006
Reported in : (2006)3CALLT196(HC)
..... provat mondal, tinkari mondal, durgabala biswas, kama mondal and santu mondal with such weapons. appellant baidyanath mondal was also accused of committing offence under section 27 of the arms act. the statements as to the incident made during trial substantially differed from what was stated in the fir. it was claimed in the fir, that ..... examination of the witnesses, seizure of the articles, collection of medical papers including post mortem report, chargesheet was submitted.4. charges under sections 148/302/149 ipc and 27 arms act were framed following commitment of the case to the court of session. all the thirty-nine persons who faced the trial pleaded innocence. ..... and sentence of the other eight appellants of all the charges. appellant baidyanath mondal is exonerated of the charge under section 27 of the arms act and asta mondal is also exonerated of the charge under sections 148 and 324/149 ipc.44. the four appellants namely ranjit mondal. joydeb mondal, asta mondal and baidyanath .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-16-2006
Reported in : 2007(2)CHN226
..... banerjee lastly contended that no interference should be made by the court of appeal.11. to appreciate the controversy in any definition of mine as provided in section 2(h) of the said act of 1973 is required to be considered. such provision is quoted below:'mine' means any excavation where any operation for the purpose of searching for or ..... appearing for the respondent authorities contended that the plant and machineries lying at the colliery vested in the respondent authorities as it came within this ambit of section 2(h) of the said act of 1973. mr. banerjee also contended that identical issue was decided by the apex court in the case of the union of india and ors. v ..... mr. roy, were not put in operation. hence, this could not have been vested in the respondent under the provisions of the said act of 1973. mr. roy placed section 2(h), of the said act of 1973 and contended that those plant and machineries did not come within the definition of 'mine' and as such could not have vested in .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-29-2006
Reported in : 2006(3)CHN146
..... deed executed by them the present appellants could not acquire any title to the property. mr. das contends that in a case of this public nature, section 10 of the limitation act helps his client to maintain a suit even after the expiry of three years from the date of execution of the sale deed in favour of the appellants ..... no averment made either in the plaint or in the evidence that ganapati chakraborty had even no heirs according to the hindu succession act, 1956. if there is really no heir of ganapati, section 29 of the aforesaid act will come into operation. therefore, we are convinced that in the absence of the existing sebaits of deity who inherited the ..... to be a private temple or it had become a public temple and a notice having been issued by the deputy commissioner under section 87 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987, it was held that the authority had the right to make enquiry about the character of the temple. the fact that .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-2006
Reported in : 2006(3)CHN417
..... favour of the appellant, then the whole object and purpose of conferring such wide discretion upon the commissioner under the provision to sub-section (1) of section 10 of the 1923 act would definitely be frustrated to a great extent. his lordship relied upon various decisions of the supreme court in arriving at further conclusion ..... whether in the facts and circumstances and the evidence-on-record the commissioner should have exercised his discretion under the proviso to sub-section (1) of section 10 of the workmen's compensation act, 1923 in favour of the appellant irrespective of the cause for making a delayed claim especially when the commissioner was satisfied with ..... delay, the approach of the court should be liberal and particularly, in this case, while considering the question of delay in preferring a claim under section 10 of the act, the commissioner ought to have allowed the application. in the fact of the present case, according to his lordship, there was enough evidence to .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-2006
Reported in : 2006(3)CHN584
..... from the record that the defendant agreed to accept the machinery on the basis of payment of rent. the machineries are embodied to earth and according to section 3 of the transfer of property act, the subject-matter of tenancy in such a situation must be held to be that of immovable property. by the self-same agreement, the defendants were ..... a trespasser so long his tenancy was continuing.15. once the tenancy is held to be in respect of immovable property, a notice in terms of section 106 of the transfer of property act is required and it appears that the plaintiff had given six months time to vacate and suit was filed after the expiry of six months as the ..... tenancy was given for manufacturing purpose. the mention of section 13(6) of the west bengal premises tenancy act in the said notice was superfluous. even if we accept for the sake of argument that there being structure over the property, the tenancy was .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-04-2006
Reported in : AIR2006Cal196,I(2007)DMC89
..... was that there was misunderstanding between the mother of the husband and the wife.11. be that as it may, the wife filed an application under section 9 of the hindu marriage act for restitution of the conjugal right and the said matter was transferred to the original side of this court where the husband agreed to take back the ..... petition no. 150 of 1995 thereby allowing an application for grant of divorce.2. the respondent herein filed in the family court a petition under section 13(1)(ia) of the hindu marriage act thereby praying for divorce and the case made out by the respondent may be summed up thus:(a) the respondent was working as an employee of ..... 103 of 1993 in the city civil court at calcutta for restitution of conjugal right and thereafter moved an application under clause 13 of the letters patent, 1885 and section 24 of the code of civil procedure in the extra ordinary original civil jurisdiction of the high court for transferring the said suit to the high court. the said .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-06-2006
Reported in : (2006)3CALLT631(HC)
..... so far as the committee is concerned, the decision of the board shall be final:provided that the board may delegate to any committee constituted under section 24 of the act the powers and functions conferred on the board by this sub-rule.(8a) in case of lapses on the part of permanent or temporary teachers and ..... his affidavit-in-opposition annexed a xerox copy of the judgment dated 2nd january, 2003 passed by the learned 6th additional judge at chapra, under section 13 of the hindu marriage act, 1956, which shows that the wife of the petitioner has obtained an ex parte order of divorce against the petitioner.13. the order of ..... which is impugned in this writ application, the secretary, west bengal board of secondary education informed the petitioner that the committee constituted under section 24 of the west bengal board of secondary education act, 1963 had decided that the suspension order against the petitioner should continue. being aggrieved by the said decision of the west bengal board .....
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