Court : Kolkata
Decided on : Jul-10-2003
Reported in : (2004)2CALLT25(HC),[2004(102)FLR430]
..... are two other important aspects which are to be considered by this court. firstly, when the dispute between a workman and management is not falling under section 33 of the act even thereafter the management will have to obtain an approval of the industrial tribunal or not. secondly, what prevented the court from taking this issue as ..... plea of espousing the cause by the union on behalf of the workmen. the cause of action in between the workman and the management under section 33a of the act is totally distinct and different from the cause of action in between the workman and the management in the main industrial dispute regarding the permanency of ..... is not entitled to any relief whatsoever from the management.3. before hearing was concluded a workman/respondent herein made an application before the tribunal under section 33a of the act taking the plea that such workman was dismissed by the management when the industrial dispute in which the aforesaid award was passed in respect of the .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-11-2003
Reported in : 2004(1)CHN280
..... the said land by 14th september, 1999.13. being aggrieved the petitioner filed application before this court being c.a. no. 568 of 1999 under section 446 of the companies act, 1956 whereupon a learned judge of this court on 13th september, 1999 directed maintenance of status quo initially for a short period which by subsequent ..... of the prescribed ceiling.the impugned order of resumption was made on 21st august, 1996, purportedly under the proviso to section 6(3) of the 1953 act, although, the provisions of section 14z of the 1955 act had become operative on and from 7th august, 1969. the impugned order must be held to be misconceived on such ..... for the petitioners further referred to the west bengal land reforms act, 1955 and in particular section 3, section 14j and section 14z of the said act for showing the overriding effect of the provisions of west bengal land reforms act as also of chapter-iib of the said act. section 14z was relied on for showing that the law recognises the .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-11-2003
Reported in : (2004)1CALLT1(HC),[2004(101)FLR278]
..... services of (1) shri bikash bhusan ghosh, (2) shri pradip kumar mukherjee and (3) shri shyama charan mallick to the tribunal under section 2a of the said act separately. instead of referring the dispute separately the state government by one reference had referred the matter to the tribunal regarding termination of services ..... conciliation officer reported to the government that the conciliation proceedings failed and thereupon the state government by its order in exercise of powers under section 10 of the said act referred the industrial disputes to the labour court, bangalore for adjudication. one of the contentions of the company was that the reference was ..... court is of the view that mr. bhattacharya is correct in his submission that essence of determination of 'appropriate government' as contemplated in section 10 of the said act would be the responsibility of the government for maintenance of industrial peace in the territory.12. mr. bhattacharya argued that the question regarding which .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-16-2003
Reported in : 2004(1)CHN448,2004(28)PTC474(Cal),[2003]47SCL445(Cal)
..... the context of decided authorities and different factual instances.118. mr. sen heavily relied upon the 1995 amendment to the meaning of adaptation introduced in our copyright act of 1957. section 2(a)(v) states that adaptation means - 'in relation to any work, any use of such work involving its rearrangement or alteration;'.119. mr. ray ..... the book has been made out prima facie by his clients, then and in that event, they would be entitled to the protections given by section 55 of the act. the said section states that the protection could by way of 'all such remedies by way of injunction, damages, accounts and otherwise as are of may be ..... parlance, what is adaptation in ordinary parlance, is not 'basing' something according to copyright law understanding, and is not necessarily adaptation within the meaning of section 2 of the copyright act of 1957. nobody claims, or submits, that sabir was or is an expert in copyright law and his conversation, if it contains technical copyright law words .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Jul-16-2003
Reported in : (2003)87ITD510(Kol.)
..... during the previous year under appeal and is, therefore, allowable as trading/business loss in computing its total income for the asst. yr. 1996-97 under section 28 r/w section 29 of the act." 5. being aggrieved, the revenue came in appeal before the tribunal. the learned jm proposed an order by virtue of which he reversed the order ..... of the bench, we state following point of difference and refer the same to the hon'ble president of the tribunal in accordance with the provisions of sub-section (4) of section 255 of the it act, 1961. the point of difference is as under : "whether, on the facts and in the circumstances of the case, the assessee's claim of ..... the previous year under appeal and is, therefore, allowable as trading/business loss in computing its total income for the asst. yr. 1996-97 under section 28 r/w section 29 of the act." 2.7 during the course of hearing of the appeal, the learned departmental representative justified the order of the ao and submitted that the lose claimed .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-23-2003
Reported in : AIR2004Cal138
..... council while taking a decision that this closure will subserve public interest.6. the learned lawyer for the corporation contends that upon proper interpretation of section 353 of the said act it will appear that approval of the government is not the condition precedent and this may be obtained after decision is taken. moreover, it is ..... guides and other social activities.2. the basis of the challenge in this matter is that this decision is contrary to the provision of section 353 of kolkata municipal corporation act 1980 as without approval of the state government any portion of the park cannot be allowed to be closed for the interest of the ..... . his decision is depending upon the sanction off the mayor-in-council and subject to approval of the state government. therefore, i appropriately quote section 353 of the calcutta municipal act, 1980:'permanent close of public street, park, square or garden and disposal of land,-- (1) the municipal commissioner may, with the previous sanction of .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-24-2003
Reported in : AIR2004Cal246,(2003)3CALLT527(HC)
..... determined on the basis of the materials available on record, evidencing the conduct of the parties and indicating their intention. admittedly, ext-j is hit by section 91 evidence act when it seeks to contradict the ouster of subal by virtue of the deed executed on 28th december, 1956 (ext-i). similarly, ext-j cannot ..... case the memorandum itself does not create or extinguish any rights in immovable properties and therefore does not fall within the mischief of section 17(2) (sic) (section 17(1)(b) ?) of the registration act and is, therefore, not compulsorily registrable;(5) the members who may be parties to the family arrangement must have some antecedent title ..... . the transfer of property under the terms of partition deed assigns the family property to the parties. section 60 of the indian easement act does not necessarily limit the transfer within the meaning of transfer of property act absolutely. it does not state that the arrangement does not effect transfer of property. in fact it .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-25-2003
Reported in : AIR2003Cal307
..... taken similar view following the decision in chandra bhushan misra (supra).45. the calcutta high court (extension of jurisdiction) act. 1953 in section 4 empowered the high court, to make rules to carry out the purpose of the act for effectively exercising its jurisdiction in relation to the a&n; islands. in exercise of such power. chapter xviii had ..... (18) defines rules to mean rules and forms contained in the first schedule or made under section 122 or section 125. thus, it is clear that wherever the word 'code' is used in 1908 act, it includes not only the sections comprised in it, but also rules and forms contained in the first schedule as well as the ..... , the jurisdiction of the calcutta high court was extended to chandernagore and the andaman and nicobar islands. section 4 of the said act empowered the high court to make rules to carry out the purpose of the act and for the purpose of effectively exercising its jurisdiction in or in relation to chandernagore and the adaman and nicobar .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-28-2003
Reported in : 2004(2)CHN67
..... the pleading railways did not make out a case of lease they were not permitted to make out any contrary case from the bar.(v) under section 60 of the easement act coupled with a transfer of property was not revocable by the grantor as the licnece relying on the said grant executed construction of permanent nature by incurring ..... this point which consistently held that a licence coupled with an interest in an immoveable property was irrevocable in view of the underlying principles laid down in section 60(b) of the easement act. the learned judge also held in this regard that the full bench decision of the allahabad high court reported in : air1933all735 (in the matter of: ..... so and we subscribe the same view. hence, the decision of the learned judge that the said licence was irrevocable in view of provision of section 60(b) of the easement act was accurate and we hold accordingly.13. in case of the irrevocable licence if the grantor wants to have possession back by terminating the licence it .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-30-2003
Reported in : (2003)3CALLT593(HC),[2005]128CompCas444(Cal),[2004]51SCL204(Cal)
..... bhagwati re-lodged the shares for transfer and registration. as peerless did not register those shares in the name of bhagwati, bhagwati filed an application under section 111 of the companies act, 1956 before the company law board, eastern region bench.19. by the order impugned dated august 25, 1998 the company law board dismissed the petition ..... of the judgment and order of the company law board could be sent by the bench officer concerned under certificate of posting, particularly, when under section 10f of the said act the limitation to prefer appeal runs from the date of communication of the decision or the order of the company law board to the aggrieved person. ..... 1998 passed by the company law board, eastern region bench at calcutta in original petition no. 15(111)/erb/1995. the said appeal has been filed under section 10f of the companies act, 1956.2. when the appeal is taken up for hearing, mr. sudipta sarkar, learned senior advocate, appearing on behalf of the respondent no. 1, .....
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