Court : Kolkata
Decided on : Apr-05-2006
Reported in : 2006(4)CHN658,[2007(113)FLR853],(2007)ILLJ936Cal
..... referable incorporation contended that the present case is governed not by sub-clause (i) or sub-clause (ii) but by sub-clause (iii) of clause (f) of section 2 of the payment of gratuity act, 1972, and as there is a branch manager in every branch of the bank who has the ultimate control over the affairs of the establishment, the need ..... /or incharge of the respective branch is entrusted with the day-to-day affairs of such branch and is being treated as an employer as defined in section 2(c) of the equal remuneration act, 1976, and as such the petitioner has unnecessarily been implicated in the case. there is no actuaries nor mens rea insofar as the petitioner is concerned ..... failed to maintain register in form 'd' at their work-spot at 19, synagogue street, city centre, calcutta - 700 001 in violation of the provisions of section 10(1)(a) of the said act read with rule 6 which is not at all correct. the concerned branch manager who was the head of the branch and has control over the affairs .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-06-2006
Reported in : 2006(3)CHN718
..... it came to the knowledge of the petitioner, that is when he received the letter, the communication of acceptance became complete against the respondents. under section 5 of the contract act, the proposal could be revoked at any time before the communication of the acceptance was complete as against the petitioner, but not afterwards. therefore, ..... pleads that there is a live dispute between the petitioner and the respondents on the following three points:a) whether there is any agreement to supply the explosives to the respondents by the petitioner herein in terms of the loi dated 19th november, 2004,b) whether the clause 14 of the loi dated 19th november ..... the petitioner on 7th december, 2004. the petitioner also received another letter 7th december, 2004 advising the petitioner to resume supply of the balance quantity of explosives, that is the quantity mentioned in the tender notice minus the quantity already supplied by the petitioner on 3rd november, 2004 and 16th november, 2004. again .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-10-2006
Reported in : 2006(3)CHN644
..... jammu & kashmir reported in 2003 scc (cri) 201 wherein the supreme court held that the basic idea embedded in section 27 of the evidence act is the doctrine of confirmation by subsequent events. the doctrine is founded on the principle that if any fact is discovered in a search made on the strength ..... statement was made by the appellant while in custody of police and on his own showing on the basis of his statement the deadbody was recovered. therefore, under section 27 of the evidence act, it is admissible in evidence.10. in this connection, we may refer to a decision in the case of bodhraj alias dobha and ors. v. state of ..... singh v. state of rajasthan reported in 2005 scc(cri) 597, the supreme court has laid down the requirements of application of section 27 of said act which is quoted herein-below:the various requirements of the section can be summed up as follows:(1) the fact of which evidence is sought to be given must be relevant to the issue. .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-12-2006
Reported in : 2006(3)CHN655
..... supreme court in a.k. roy and anr. v. state of punjab and ors. reported in : 1986crilj2037 and the court held that sub-section (1) of section 20 of prevention of food adulteration act, 1954 is mandatory in nature since it starts with a negative word. in coming to the said conclusion the learned judge relied on craies on ..... proceedings. the question which came up for consideration was whether the award given by the president and not by the tribunal is valid in view of section 60 of punjab improvement trust act which provides for its composition and says that the tribunal 'shall consist of the president and two assessors'. in that context it was held that ..... )31. similarly in mannalal khetan and ors. v. kedar nath khetan and ors. reported in : [1977]2scr190 , it has been held that the provision contained in section 108 of companies act, 1956 is mandatory in view of the use of negative words containing the prohibition against the transfer of shares without complying with the provisions of the .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-13-2006
Reported in : (2006)3CALLT587(HC),2006(3)CHN749,(2006)IIILLJ721Cal
..... the pension fund and insurance fund.51. the impugned order, thus, stands set aside.52. the provident fund authority may, however, ascertain damages under section 14b of the said act afresh for delayed payment of contribution to the pension fund as well as the insurance fund.53. the writ petition, thus, stands allowed with the ..... insurance fund or not. 26. mr. sengupta, however, very candidly submitted that the provident fund authority retains the power of imposition of damages under section 14b of the said act even in case of delayed payment of contribution by the exempted establishment towards the pension fund and insurance fund.27. i have indicated above that ..... dues for various periods during october, 1999 to october, 2000 and from november, 2000 to july, 2002 within due date.4. accordingly, damages under section 14b of the said act was levied upon the petitioners on such delayed payment of provident fund dues in accordance with the provisions of para 32a of the employees' provident fund .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-13-2006
Reported in : (2007)8VST391(NULL)
..... cannot be taken into consideration while deciding whether the detained goods should be seized or penalty should be imposed. for the purpose of seizure under section 70 of the act of 1994 the authorised officer is to confine himself to the intercepted consignment only and is not permitted to extend his consideration to previous transactions. ..... of 1995 were duly complied with and there was no lawful valid ground for detaining the vehicle, seizing the goods, initiating a penalty proceeding under section 71 of the act of 1994 and ultimate imposition of penalty. according to him, the concerned cto was influenced by extraneous and irrelevant materials and committed serious error in ..... with a back date or the allegations contained therein were subsequently incorporated in order to make out a case for initiating a penalty proceeding under section 71 of the act of 1994.3. it has been alleged that signatures of the driver and son of the petitioner were obtained on blank order sheets and the .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-17-2006
Reported in : (2006)3CALLT481(HC),2006(3)CHN180,[2006(111)FLR597]
..... any workman.18. mr. chatterjee, however, submitted that there is only one exception to the above rule which is provided under section 2a of the said act. under section 2a of the said act, in case of discharge, dismissal, retrenchment or termination of service of an individual or otherwise, the affected workman individually can raise ..... employer. according to mr. chatterjee raising of such a dispute by the workman with the employer is a condition precedent for making a reference under section 10 of the said act. in support of such submission, mr. chatterjee relied upon a decision of the hon'ble supreme court in the case of sindhu resettlement corporation ..... of the said order of reference is under challenge in this writ petition.16. mr. chatterjee, learned advocate for the petitioner, submitted that section 10 of the industrial disputes act, 1947, authorises the appropriate government to refer an industrial dispute to any of the forums as indicated in the said provision for its resolution. .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-18-2006
Reported in : 2006(4)CHN207
..... down by the law. i also have great reservation about the legality of the signature, on the orders purporting to have been issued under section 160 of the act, in facsimile. the act does not authorise this. i however express no final opinion on this question because that is not absolutely necessary.31. for the reasons indicated ..... some cases the registration certificate and in some cases the tax token was taken possession of and the order of requisition was made over whereas section 160 sub-section (2) of the act specifically provides 'such order shall be served in the prescribed manner on the person to whom it is addressed'. the executive obviously if not ..... redundant portions have not been struck out in any or the orders under challenge.26. there has also been abuse of the discretionary power vested by section 160 of the act. rationality, reasonableness and objectivity are implied conditions for exercise of the power vested in the executive. if any authority is needed reference can be made .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-21-2006
Reported in : (2006)3CALLT19(HC),2006(3)CHN348,2006CriLJ2934
..... long delay is violative of the rights guaranteed under article 22(5) of the constitution of india. the detenu made a representation to the central government under section 11 of cofeposa act and since there is a long and inordinate delay in considering such representation in violation of article 22(5) of the constitution of india, the order of ..... fabrics and maruti silk fabrics at proddatur, andhra pradesh. enquiry was conducted in respect of the job workers at bhagalpur and their statements were also recorded under section 108 of the custom act. they stated that they were not engaged by m/s. sandip exports limited as their job workers. all of them stated they sold silk and cotton ..... woven fabrics from the local weavers and after dying the same used to send it to his kolkata office.6. statement of dilip kundu was recorded under section 108 of the customs act 11.11.2003. he also provided a list of job-workers, namely lakhan ram, bahrain raw silk, z.r. fashion world-all of bhagalpur and .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-21-2006
Reported in : 2006(4)CHN708
..... motor spirit. that apart, no charge for violation of possession of such oil has been made against the accused, and accordingly the accused cannot be held guilty under section 7(1)(a)(ii) of act x/55 for violation of the provisions of either clause (5) or clause (7) of paragraph 3 of the said order.16. in the premises, in the ..... none was examined on behalf of the defence, and after considering the facts, circumstances and materials on record, the learned court below found the accused guilty under section 7(1)(a)(ii) of act x/55, convicted him thereunder and sentenced him to suffer si for two years and to pay fine of rs. l,000/-i.d. to si for two ..... spirit and high speed diesel oil (licensing, control and maintenance of supplies) order, 1980 with a view to prosecuting under section 7(1)(a)(ii) of act x/55. the appellant/accused was accordingly charged under section 7(1)(a)(ii) of act x/55 for violation of the aforesaid provisions of the order.3. the defence case, as suggested to p.ws. and .....
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