Court : Kolkata
Decided on : Feb-13-2006
Reported in : [2007]139CompCas73(Cal),[2008]88SCL188(Cal)
..... bank of india has appointed the executor to discharge its duty and to fulfil the desire of the testator. it is not the trust, which is contemplated under section 153 of the said act. moreover, there is no embargo to effect transmission in the name of state bank of india, not in the name of the trust estate. besides, under ..... the provision of sections 212, 213 and 214 of the indian succession act the estate of the testator vests unto the executor and the qualification thereon can be any private individual, corporation or body corporate. so, in ..... from other provisions of the law the state bank of india has got a duty to perform under the indian succession act, 1925, as legally the entire shareholding has been vested in it under section 211 of the indian succession act since the probate has been granted. in this respect also respondent no. 1, has the right and the locus standi .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-16-2006
Reported in : 2006(2)CHN358
..... transfer me amount of the workers represented by the writ petitioner with interest accumulated thereon. learned trial judge held that the trust while dealing with a fund exempted under section 17 acts as an instrumentality and agency. the decision in the case of anadi mukta sadguru mvs trust v. v.r. ruduni reported in , lends support to the aforesaid ..... be no question of their transposition in the category of writ petitioners as there had been no such prayer, nor any order. in this context, referring to section 48 of the trusts act it was submitted that all trustees must jointly file the legal proceeding. 19. it is a fact that trust may be divided, according to their end ..... of the fund standing in his credit and others cannot have any right in respect of the same. 81. reference was made by mr. mitra to section 41 of the indian contract act but, to this, mr. s. pal, arguing on behalf of the respondent/writ petitioner rightly submitted that the dispute does not relate to a contract .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-16-2006
Reported in : (2006)2CALLT210(HC),2006(3)CHN801,II(2006)DMC347
..... physical of the woman, or harassment to the woman where such harassment is with a view to coercing her for any property or valuable security. section 113a of the evidence act creates a presumption of abetment of suicide by a married woman on existence of the conditions that the suicide has been committed within seven years of ..... for p.m. examination through p.w. 11 and later collected the p.m. report. after completion of investigation he submitted charge sheet against three accused persons under sections 498a/306 ipc. this is the overall evidence on the part of the prosecution.13. mr. dutta gupta, learned counsel for the appellant, contended that the learned court ..... to be considered is whether the learned court below was justified in passing the above order of conviction and sentence.7. two ingredients in respect of an offence under section 498a ipc are: (1) the married woman was subjected to cruelty or harassment, and (2) such cruelty or harrassment must have been shown either by husband .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-20-2006
Reported in : (2007)2CALLT316(HC)
..... ]supp1scr87 . in the aforesaid case the supreme court set aside the appointment of transport commissioner as chairman, regional transport authority, hissar, on the ground of contravention of section 68(2) of the motor vehicles act, 1988.45. ms. ganguly also cited the judgment of the supreme court in the case of dr. j.p. kulshreshtha and ors. v. chancellor allahabad university and ..... , curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment and examinations.69. even the all india council of technical education act, 1987 does not contain any provision similar to section 22 of the university grants commission act prohibiting institutions, other than those specifically permitted, from issuing diploma certificates.70. after the enactment of the all india council of technical education .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-21-2006
Reported in : 2006(3)CHN433
..... in the said letter, the following are mentioned as the references :(1) cil tender no. cil/c2d/sec.ii/bulk loading explosives/2005-06/26 dtd. 11.01.2005 and opened on 12.02.2005.(2) offer no. bulk loading explosives/iel/ts/2005-06/02 dated 12.02.2005.(3) the letter dtd. 11.04.2005 and subsequent ..... informed by reason. in appropriate cases, action uniformed by reason may be questioned as arbitrary in proceedings under article 226 or article 32 of the constitution....the state acts in his executive power under article 298 of the constitution in entering or not entering in contracts with individual parties. article 14 of constitution would be applicable to ..... without a remedy, but writ petition is certainly not that remedy.27. for suggesting that the coal india could not have added the supplementary clause. sections 10, 13 and 14 of the contract act were relied upon by sri ray as also the three reported decisions, they being 0065/1965 : [1966]1scr656 , bhagwandas goverdhandas kedia v. girdharlal .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-23-2006
Reported in : 2006(3)CHN227
..... not constitute any offence, the above criminal proceeding should be quashed. mr. mallick, ld. counsel for the state, on the other hand, submitted that chargesheet under section 409/448/406 ipc has been submitted against the petitioner and others and there being sufficient materials bearing out the said offences, the question of quashing the proceeding does ..... any reason are also not permissible. at the instance of one kali charan mukhopadhyay the aforesaid suri p.s. case no. 58/96 dated 26.04.96 under section 409/448/406 ipc was started against the petitioner, secretary, accountant and director of the bank, and investigation is proceeding. the said case has been instituted solely ..... journey by rickshaw, then by bus and then again by rickshaw. secretary of the bank advised the petitioner that under the rules of the co-operative societies act he was entitled to claim travelling allowance for the days of his actual visit of the bank in discharge of his official duties, and according to the said .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-24-2006
Reported in : 2006(2)CHN464
..... and the circumstances ruled out the possibility of suicide. had there been an accident, there would have been some trail of destruction. there would have been noisy explosion as well. nothing of that sort happened. the latrine remained as it is. there was no indication the huge columns of smoke billowed out. it is ..... called rumi chakraborty to continuous physical and mental torture. they were charged with having committed murder. finally, they were charged with having committed the offence under section 201/34 ipc for having caused disappearance of evidence by concealing the corpse of the deceased rumi chakraborty in the latrine of their quarter. the appellants, however ..... of dragging of body along the surface. there being apparent marks of violence, such logic cannot be accepted.22. the incident of murder was preceded by acts of cruelty on the housewife. it is on record that the housewife faced humiliation over her physical deformities. she was also reprimanded for loosing ear ring. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Feb-24-2006
Reported in : (2006)101ITD95Cal
..... stayed more rbnor than 182 days since none of the five assessees fulfilled one of the above two conditions as laid down in clause (a) of sub-section(6) of section 6 of income tax act, in our considered opinion the a.o. has rightly treated these assessees as ordinarily resident in india in lieu of non-ordinarily resident in india as claimed ..... or periods amounting in all to sixty days or more in that year.we observe that all the assessees were complying with the provisions as laid down in section 6, sub-section (1) of the act as evident from the chart of stay inside india as re-produced hereinabove elsewhere in the order as in the order and, therefore, the action of a ..... a resident in india for eight out of the ten preceding years and his case therefore could not full under the first part of clause (a) of sub-section (6) of section 6 of the act. his case would also not fall in the second part of that clause, because in the seven years preceding the relevant previous year, the assessee had been .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-27-2006
Reported in : AIR2006Cal157
..... the manner indicated in the impugned orders. the authorities were also empowered to remove the persons concerned from the railway in exercise of powers available under provisions of the railways act, 1989, section 147. they were not under any obligation to initiate any proceedings under any other provision of law for removing them from the places concerned. this issue is no longer .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-27-2006
Reported in : (2006)2CALLT272(HC),2006(2)CHN179,2006(32)PTC495(Cal)
..... which were issued by the authorities of australia and south africa should be taken into evidence as all the formalities have been observed, as provided under section 78(6) of the act.15. it appears from those two certificates that the plaintiffs product 'ocuflox' came into the market on 17th november, 1992 as per certificate issued ..... document. so far as the present suit is concerned, it appears that the plaintiff has in effect literally complied with all those requirements as provided under section 78(6) of the act. as such, there cannot be any bar in admitting those certificates in evidence. ld. advocate for the defendant vehemently opposed this submission of the ld ..... the world. our legislature was also not unmindful to this problem. as such, provision has been made to that effect in the indian evidence act. it appears from section 78 of the indian evidence act that it has been laid down to the effect:-the following public documents may be proved as follows:* * * *(6) public documents of .....
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