Court : Kolkata
Decided on : Dec-08-2006
Reported in : (2007)IILLJ990Cal
..... be 'not suitable', without however, disclosing any particular reason why he was not suitable,5. being dissatisfied, the respondent preferred another application under section 19 of the act before the tribunal below thereby giving rise to o.a. no. 693/2004 praying for direction upon the present writ-petitioners for absorbing him in ..... to the filing of this writ-application may be summed up thus:3. in the past, the respondent herein filed an application under section 19 of the administrative tribunal act, 1985 before the tribunal below thereby praying for absorbing him in the regular group-d post after taking into consideration his service of more ..... passed by the central administrative tribunal calcutta bench (hereinafter referred to as the tribunal) by which the said tribunal allowed an application under section 19 of the administrative tribunal act, 1985 filed by the respondent herein by directing the present appellants to consider the case of the respondent by absorbing him against group-d .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-08-2006
Reported in : 2007CriLJ1108
..... thereafter on the basis of that complaint of hanifa bibi the present case was started which ended ultimately in submission of charge sheet under section 302 of the i.p.c. read with section 25/27 of the arms act against the appellant.4. the learned additional sessions judge, however, on examination of police papers framed charge under ..... section 302 of the i.p.c. against the present appellant for commission of murder of khodabox on 4th june, 2003 at giridharipur. appellant pleaded innocence ..... the evidence of both prosecution and the accused and after hearing submissions of both the prosecution and the accused person found the appellant guilty of the offence under section 302 of the i.p.c. and the appellant was accordingly convicted and he was sentenced to suffer rigorous imprisonment for life and also to pay a fine .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-11-2006
Reported in : 2007(3)ARBLR531(Cal)
..... other judgments rendered by the apex court, wherein it has been held that an application for setting aside an award has to be tried within the four corners of section 34 of the act. he submitted that public policy is a concept which has been described as an unruly horse and unreliable, to say the least, and there is, therefore, no ..... grounds enumerated therein. it is not in dispute that an application for setting aside the award would not lie on any other ground, which is not enumerated in section 34 of the act. the question as to whether the award is required to be stamped and registered, would be relevant only when the parties would file the award for its enforcement ..... should be patent affecting the rights of the parties.74. in the result, it is held that:(a)(1) the court can set aside the arbitral award under section 34(2) of the act if the party making the application furnishes proof that:(i) a party was under some incapacity; or(ii) the arbitration agreement is not valid under the law .....
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 : Dec-18-2006
Reported in : 2007(2)CHN294
..... said that the possibility of making such disclosure was bleak, more particularly when reference to such disclosure which is verily admissible in evidence within the meaning of section 32(1) of the evidence act has been mentioned in the fir itself which was lodged without any loss of time. p.w. 9 who is a village rustic lady was made ..... were not named in the fir and they even were not identified in the dock and no witnesses have taken their names as the persons who committed any overt act. clearly, the facts in the reported case is distinguishable from our case and the decision is inapplicable.12. having thus gone through the fact and circumstances of the ..... 11.1995, which registered karimpur police station case no. 248/95 dated 2.11.2995 against the two appellants under section 302/34 of the ipc and upon completion of investigation submitted chargesheet against them under the said sections of the law.4. of the 15 witnesses examined by the prosecution it is the evidence of the fir maker .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-19-2006
Reported in : 2007CriLJ954
..... each and to pay a fine of rs. 1000/- each in default to suffer rigorous imprisonment for six months each for the offences under sections 3 and 5 of the explosive substances act.2. sanjay sonkar preferred criminal appeal no. 5 of 2005 challenging his order of conviction and sentence and at the time of hearing of ..... collected by pratul chandra sarkar and himself, he submitted charge sheet against both sanjay sonkar @ drum and mahabir singh under section 302/34 of the ipc and also under sections 3 and 5 of the explosive substances act.6. the learned trial judge, after framing charges against both the appellants, called upon the prosecution to examine its witnesses ..... consideration would be whether the learned additional sessions judge was legally and factually justified in convicting both the appellants under section 302/34 of the ipc and also under sections 3 and 5 of the explosive substances act for the death of sew sankar misra.24. we find from the judgment impugned in these appeals that the .....
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 : Dec-20-2006
Reported in : (2007)210CTR(Cal)64,[2007]289ITR273(Cal)
..... . union of india : [1999]236itr1(delhi) , the delhi high court observed, inter alia, as follows (page 23):to sum up, our conclusions are : (1) the proviso to section 92 is ultra vires article 14 of the constitution as it results in creating two artificial classes between the same class of assessees, i.e., the litigating assessees in arrears ..... ; (2) the definition of 'tax arrears' in clause (m) of section 87 should be so read as to mean the amount of tax, penalty or interest determined by any competent authority on or before march 31, 1998, though such determination might ..... to show that there was no estoppel in respect of any statutory provision or that no benefit could be allowed to be enjoyed by the revenue because of an erroneous act on the part of the assessee based on misconception of law. such proposition, in our view, could not be applied in the instant case. the decision of .....
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 : Dec-22-2006
Reported in : 2007(1)CHN514
..... , namely, 'unless there is anything repugnant in the subject or context'. according to the supreme court, there may be sections in the act where the meaning may have to be departed from on account of the subject or context in which the word had been used. the supreme court further held ..... is exhaustive inasmuch as the word defined is said to mean a certain thing, it is possible for the word to have a somewhat different meaning in different sections of the act depending upon the subject or context. that is why, the supreme court proceeded, all definitions in statutes generally begin with the qualifying words, as is used therein ..... authority v. p.s. rao reported in : [2000]1scr257 , the supreme court was considering the meaning of the word 'hold' appearing in sections 2(l) and 20(1)(a) & (b) of the urban land (ceiling and regulation) act, 1976. in the said case, it was contended on behalf of the appellant that an application for grant of exemption under .....
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