Court : Kolkata
Decided on : Feb-28-2006
Reported in : 2007(1)ARBLR64(Cal),(2006)3CALLT154(HC)
..... to be controlled by the provisions of the code'. the court also held that in the application of the code to a proceeding under the said act, section 5 of the said act does not create a bar. that is why supreme court held that since revisional jurisdiction is not specifically barred, as a second appeal is, revision ..... karmakar and anr. v. panchanan karmakar reported in air 1946 calcutta 427. reliance was placed on that decision in order to contend that even though section 41 of arbitration act 1940 makes the provision of cpc applicable, the division bench of calcutta high court held that only the procedural rules of cpc will apply to arbitration proceedings ..... subha reddy reported in : [1999]2scr880 . in that case, it was held that right of appeal from various orders passed under the arbitration act, 1940 was governed by section 39 of the said act which excludes the application of clause 15 of the letters patent. following the same it was held that the substantive right of cross objection, .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-01-2006
Reported in : 2006(3)CHN689
..... virtue of the statutory provisions, such variable sum payable by the tenant in terms of the statute cannot form part of rent for the purpose of section 13 or section 17 of the act. at this stage it will be profitable to refer to the following observation of a bench consisting of three-judges of the supreme court in the ..... respondent in any way.38. in the case of anar devi v. nathu ram (supra), the supreme court reiterated the well-settled principles recognised by section 116 of the evidence act which estops even a person already in possession as a tenant under one landlord from denying the title of the subsequent landlord when once he acknowledges him ..... for the purpose of disposing of such application only unless the relevant issue of default or relationship of the parties was also decided along with the application under section 17(2) of the act. [see: synthetic plywood industries (p) ltd. v. manjulika bhadury and ors. reported in 1998 (1) clt 350 (cal) where all the decisions on this .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-02-2006
Reported in : [2006]147STC27(Cal)
..... petitoners have no other alternative but to declare a lock-out, so far as the workers involved in the strike were concerned. conciliation proceeding under section 12 of the said act was initiated but no settlement could be arrived at. accordingly, the matter was referred before the appropriate authority by the conciliation officer. all these happened ..... reference issued by the assistant secretary to the government of west bengal, labour department dated 4th of march, 2005 passed under section 10 of the industrial disputes act, 1947 (hereinafter referred to as the 'said act').3. before dealing with the issues involved herein, the facts of the case may be briefly narrated here,4. sometime in ..... the refusal by an employer to continue to employ any number of persons employed by him.6. under section 2(q) 'strike' means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding of any number of persons .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-03-2006
Reported in : (2006)2CALLT482(HC)
..... writ petitioners.76. we, therefore, allow the appeals, set aside the of order impugned in the above numbered appeals. we also allow the applications under section 5 of the limitation act filed in connection with m.a.t. no. 1474 of 2002. the other application pending in connection with m.a.t. no. 1474 of 2002 ..... of arrear which is time barred would not be recoverable. the case before the supreme court in this regard arose out of an application under section 19 of the administrative tribunal act, 1985 which provides for limitation and hence the supreme court had the occasion to refer to the question of limitation which would arise for ..... /1975. it may be mentioned in this context that regarding appointment of lecturers of non-government colleges, the provisions of west bengal college teachers' security of services act, 1975 and the west bengal universities control of expenditure ordinance. 1976 came into play.14. the state government thereafter decided to extend the benefit of graded scale .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-06-2006
Reported in : 2006(4)CHN93
..... statements before one learned magistrate. after completion of investigation, police submitted chargesheet against four persons in all as indicted earlier.7. the learned additional sessions judge framed charge under section 302/201/34 of the ipc against all the four persons and they pleaded not guilty.8. prosecution during trial examined 14 witnesses in all which included p.w.1 ..... 1992 in the evening the victim in the company of one person went to panagarh for the purpose of giving his video set along with some cassettes on hire.19. acting on the information of the younger brother of the victim, p.w.5, investigating officer established contact with the rickshaw puller p.w.4 who by his rickshaw brought ..... learned magistrate and since there was no suggestion given to the learned magistrate in this regard, we are not inclined to hold that ti parade was defective and cannot be acted upon.36. thus, from the statement of p.w.4, p.w.5, p.w.10 and p.w.11 along with result of ti parade, post-mortem .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-07-2006
Reported in : 2007(1)CHN305
..... have relied on the evidence of the said two witnesses and granted probate on the basis of evidence of p.w. 7 to p.w. 9 placing reliance on section 33 of evidence act.52. we fully agree with the views of mr. banerjee, the learned advocate for the appellants that merely a witness has died and could not be produced for ..... evidentiary value of p.w. 7 to p.w. 9 later on when we will consider whether their evidence can be relied upon in view of provisions of section 33 of the evidence act as they are now dead.42. now let us turn to the evidence of p.w. 10 gita rani sen, the sole beneficiary of the will. in her ..... in a sealed cover superscribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document.section 43 of the registration act runs as follows:procedure on deposit of wills. - (1) on receiving such cover, the registrar, if satisfied that the person presenting the same for deposit is the testator .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-10-2006
Reported in : AIR2006Cal281,2006(4)CHN355
..... of gift.15. so far as the first point is concerned we have no hesitation to hold the same as totally misconceived because of the simple reason that section 2(h) of indian succession act qualifies the declaration made by the testator in the will-as legal, not the right, title and interest in the property bequeathed thereby. it is a well ..... the event such transfers are not held valid by this court in another proceeding. according to mr. banerjee the will was not falling within the definition of section 2(h) of the indian succession act, as by the said will, no legal declaration could be made in respect of the said two flats of which title was under cloud and as such ..... the aforesaid registered sale was effected in favour of smt. arati mukherjee for which she paid full consideration and the gift deed was accepted by her and the same was acted upon. the said two flats shall stand bequeathed to her if in the eye of law same reverted back to him in future. by this will direction was given to .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-16-2006
Reported in : (2006)3CALLT7(HC),2006(4)CHN663
..... , reported in air 28 mad 840.22. indeed, in the above case the division bench of the madras high court in dealing with the provisions of the evidence act under section 102 was pleased to observe that in a suit for ejectment, 'even though the defendant has no title, he can still put the plaintiff to the proof of his ..... of raising doubt as to the above proposition of law. the above observations of the division bench of the madras high court were based on the provisions of section 102 of the evidence act.23. however, in the instant case, the sale deed, which was relied on by the original plaintiff in support of his claim or claims in the ..... the present respondents herein was and is that of a thika tenancy, the learned counsel on behalf of the respondents retied on the provisions of sub-section 8 of section 3 of calcutta thika tenancy (acquisition and regulation act 1981) wherein the definition of thika tenant is provided. for the sake of convenience the definition of a thika tenant in sub .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-16-2006
Reported in : 2006(204)ELT525(Cal)
..... state of maharastra v. prithviraj pokhraj jain (supra), the bombay high court has reiterated the well settled principle that when the benefit of presumption under section 123 of the act is not available to the prosecution, the burden to prove that the goods are smuggled lies entirely on the prosecution and in the absence any ..... accepting payment from such consignor for transportation through account payee cheque. it is true that in this case, the confiscated items were non-notified under section 123 of the act, but if we accept the contention of the learned advocate for the transoorter that his client had no liability at all to verify the contents, ..... cannot be penalised even if those items were smuggled.6. mr. das next contends that the items confiscated herein being non-notified items in terms of section 123 of the act the tribunal rightly set aside the imposition of penalty and confiscation. in support of such contention mr das relies upon the following decisions :1. commissioner. of .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-16-2006
Reported in : (2006)3CALLT139(HC),2006(3)CHN77
..... relation to its acquiring property/ properties including valid transfer of immovable property in its favour from or by a living person as contemplated in section 5 of the transfer of property act,17. the learned single judge was pleased to observe in his lordship's judgment before framing the above two issues:a club has been ..... other living persons, or to himself, [or to himself] and one or more other living persons; and 'to transfer property' is to perform such act.15. the expression 'living person' in section 5 above includes 'a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the ..... (hereinafter referred to as the club), being an unregistered society, the said club firstly, did not acquire any 'juridical status' as contemplated in section 5 of the transfer of property act, secondly, the petitioners being the members of the said club could not make any claim on behalf of the said club as the property in .....
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