Court : DRAT Kolkata
Decided on : Sep-01-2006
Reported in : I(2007)BC173
..... passed against the petitioner-appellant anyway though the same is an ex parte decree and that the appellant is required to make the mandatory pre-deposit under section 21 of the said act. it is further contended that as a government company fully owned by the central government, the appellant has the obligation to immediately pay the certificate ..... learned tribunal below. i have also given my mind to the respective submissions of the learned advocates for the both sides.6. in the first place. section 21 of the rddbfi act. 1993, is plainly not applicable in this case. the point is, the impugned order was an ex parte order passed by the learned tribunal below. ..... applicable to fasten the applicant/appellant with the liability for the pre-deposit as envisaged under section 21 of the act.because of this reason, section21 of the act applies to those appeals only where the order determining the debt, either under section 19(2) of the act of under rule 12(5) of the d.r.t. (procedure) rules, 1993 .....
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 : Sep-08-2006
Reported in : 2007(2)CHN33
..... against its properties. a registered society, thus, is distinct from its members and cannot be said to be merely an association of individuals prohibited by section 236 of the indian succession act to receive a grant.39. despite the issues as to maintainability not being seriously pressed in the court below, it was contended that inasmuch as ..... suit to one for letters of administration maintainable?(2) is the petitioner entitled to continue the l.a. suit without following the procedure laid down in section 278 of the indian succession act?(3) is the unregistered will genuine?(4) is the alleged will duly executed and attested?(5) to what relief, if any, is the petitioner ..... grantee of the letters of administration was not entitled to administer the estate as it was an association of individuals prohibited to receive such grant under section 236 of the indian succession act.13. the will, it was claimed, was in the nature of a trust of which the priest was the settlor. the grant, it was .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-08-2006
Reported in : 2007(2)CHN87
..... the three appellants assail the judgment and order dated 30.11.2000 passed by the learned assistant sessions judge, 1st court, alipore whereby they were convicted under section 376 ipc read with section 34 ipc and sentenced to suffer rigorous imprisonment for 10 years each and a fine of rs. 1,000/- each in default to suffer rigorous imprisonment for ..... having been committed upon the victim in the night of 26.06.1998 is an untrue one and if any incident had at all taken place it was a volitional act of the victim instigated by her mother. now, the incident took place on the night of 26.06.1998 and p.w.7 examined the victim at amtala ..... it was, submitted by mr. dhar that though the victim says in her evidence in cross-examination that she made a statement before the learned magistrate no such statement under section 164 cr. pc is found to have been admitted in evidence by the prosecution. mr. mallick, learned advocate appearing for the. state submits that after ransacking the magistrate's .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-13-2006
Reported in : 2007ACJ1853
..... any interest save and except awarding 9 per cent interest per annum only under default clause. the payment of interest is provided under section 171 of the motor vehicles act. section 171 of the said act stipulates that the interest shall be paid at such rate and from such date not earlier than the date of making the claim. ..... of the tribunal about payment of compensation is modified in the following manner:the insurance company shall pay compensation of rs. 8,36,500 under section 166 of the motor vehicles act along with 9 per cent interest payable from the date of filing the application. the total amount of interest payable shall be suitably adjusted from ..... of the apex court that while deciding the amount of compensation, the tribunal or court shall follow the structured formula as provided in second schedule to section 163-a of the motor vehicles act, 1988. the learned advocate for the appellants referred to the decision of the apex court in u.p. state road trans. corporation v. trilok .....
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 : Sep-15-2006
Reported in : 2007(1)CHN123
..... for the defence when firearm was not seized. the ballistic expert in such a situation only would have reported that the used bullets contain materials of explosive substance and some amount of gun shot residue. non-sending of blood-stained earth for chemical examination and pellets for ballistic examination is not fatal in ..... relatives of the deceased dinanath dubey are not witnesses of the occurrence and naturally no adverse presumption could be drawn against the prosecution under section 114(g) of the evidence act for non-examination of relatives of deceased. dhananjay singh as it appears only gave a cryptic information relating to the incident and it was ..... presence of witnesses was marked ext. 3. he also seized remnants of exploded bomb including burnt jute having smell of explosive substance, some pieces of small sticks, some small nails having smell of explosive substance and two live bombs by preparing a seizure list (ext. 4). during investigation he received one case docket from .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Decided on : Sep-15-2006
Reported in : (2007)(2)SLJ48CAT
..... reasoning thereof will be applicable to all the three o.as.2. in o.a. 755/05 the applicant dr. sudarshan mondal has filed an application under section 19 of the a.t. act, 1985 claiming the following reliefs: (a) an order holding that the denial of promotion as chief medical officer (non-functional selection grade) and his supersession by ..... ii it appears that the composition of dpc was as under: from the file no. a 32012/6/2002 chs ii, ministry of health and family welfare, chs ii section, dated 15.7.02 it reveals that the assessment of the officers on the basis of acr were made by the office and submitted before the dpc. it is ..... to cast any stigma.however, generally an adverse remark needs to be communicated to the employee concerned and an uncommunicated adverse remark cannot, as a general rule be acted upon by the employer to the prejudice of the employee. the rules or administrative instructions generally cast an obligation upon the authorities to communicate the adverse remarks to the .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-19-2006
Reported in : 2007(1)CHN555
..... is significant that in the memorandum of appeal also no grounds have been taken that the trial court lacked jurisdiction to pass the impugned orders in view of section 9(b) of the said act. in the instant case, appellants have allowed more than 25 years to go-by before raising this issue. appellants had at all material times undertaken and ..... that an appeal under clause 15 of the letters patent is maintainable against an order passed by the hon'ble single bench of the chartered high court under section 6 of the specific relief act, 1963 and he relied upon a decision reported in air 1998 sc 424 (vanita m. khanolkar v. pragma m. pal and ors.)31. mr. debal ..... the hon'ble first court could not have passed the said judgement and/or order dated march 19, 2004 even treating the said petition as a petition under section 25 of the official trustees act, 1930 without making of an order of public auction in accordance with the decision of the hon'ble supreme court which is reported in : (1994)1scc475 .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-19-2006
Reported in : 2006(4)CHN888
..... w. 10 came to the place of occurrence immediately after the incident and heard about the incident and their evidence is admissible as res gestae under section 6 of the evidence act. p.w. 2 is a very important witness and his evidence fully completes the chain of circumstances. the prosecution case was based on circumstantial ..... witness whose statement was recorded earlier while giving evidence in court sticks to his earlier statement recorded under section 164 it can be acted upon subject to the rule of caution. when the witness resiles from his earlier statement under section 164 of cr. pc, the procedure is that the witness should be cross examined and the earlier ..... circumstances on record which lend support to the truth of the evidence of such witness, it can be acted upon. 21. the supreme court in ram kishan singh v. harmit kaur : 1972crilj267 , observed that a statement under section 164 of the code of criminal procedure is not substantive evidence. it can be used to corroborate the .....
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