Court : Kolkata
Decided on : Apr-21-2006
Reported in : (2006)3CALLT133(HC)
..... there should have been a subjective assessment.8. heard learned advocates for the parties.admittedly, power has been exercised by the vice-chancellor under section 9(6) of the act. the said section is as under:powers and duties of the vice-chancellor:9(1)...(2)...(3)...(4)...(5)...(6) the vice-chancellor may take on behalf ..... , formation of belief leading to formation of opinion. rather the ingredients as noted which warrant for exercise of power under extraordinary circumstances as envisaged under section 9(6) of the act, are totally absent. it is apparent, while initiating action, the vice chancellor did not comply with the mandatory provisions as envisaged. in this context ..... body concerned, the matter shall immediately be referred to the chancellor whose decision thereon shall be final.(7)...(emphasis supplied)9. from a perusal of section 9(6) of the act it is clear that power has been conferred upon the vice-chancellor to take action on behalf of the university in any matter which 'in .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-25-2006
Reported in : (2006)3CALLT276(HC)
..... of the defence services regulations/ however, do not authorise the military secretary's branch to declare any statutory complaint as untenable. furthermore, section 27 of the army act specifically provides that any army officer who deems himself wronged by his superior officer may complain to the central government for redressal of ..... additional solicitor general, the aforesaid executive instructions have been issued by the government of india to supplement the provisions of section 27 of the army act.62. referring to various paragraphs from the defence services regulations and army orders, learned additional solicitor general submits that the statutory complaint dated ..... order passed by the military secretary's branch is incurably bad and non est.61. the learned additional solicitor general referring to section 27 of the army act submits that procedure for filing complaints has been clearly stipulated in para 364 of the defence services regulations. according to the learned .....
Tag this Judgment!Court : Kolkata
Decided on : May-02-2006
Reported in : (2006)3CALLT196(HC)
..... provat mondal, tinkari mondal, durgabala biswas, kama mondal and santu mondal with such weapons. appellant baidyanath mondal was also accused of committing offence under section 27 of the arms act. the statements as to the incident made during trial substantially differed from what was stated in the fir. it was claimed in the fir, that ..... examination of the witnesses, seizure of the articles, collection of medical papers including post mortem report, chargesheet was submitted.4. charges under sections 148/302/149 ipc and 27 arms act were framed following commitment of the case to the court of session. all the thirty-nine persons who faced the trial pleaded innocence. ..... and sentence of the other eight appellants of all the charges. appellant baidyanath mondal is exonerated of the charge under section 27 of the arms act and asta mondal is also exonerated of the charge under sections 148 and 324/149 ipc.44. the four appellants namely ranjit mondal. joydeb mondal, asta mondal and baidyanath .....
Tag this Judgment!Court : Kolkata
Decided on : May-05-2006
Reported in : 2006(3)CHN322
..... to any premises held under a lease for a period of not less than 15 years.(2) notwithstanding anything to the contrary contained in sub-section (1) but subject to sub-section (3) of section 1, this act shall apply to all premises held under a lease which has been entered into after the commencement of the west bengal premises tenancy (amendment) ..... inasmuch as, a lease-deed cannot be executed by giving effect of the lease from an anterior date. in view of section 5 of the transfer of property act, any transfer of property provided in the said act can be given effect to either from the date of execution and registration or from a future date but there is no scope ..... is not expressed to be terminable before its expiration at the option either of the landlord or of the tenancy, nothing in this act, other than the provisions relating to rent and the provisions of sections 31 and 36, shall apply to any premises held under such lease.12. after hearing the learned counsel for the parties and after .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : May-05-2006
Reported in : (2006)101ITD229(Kol.)
..... expenditure is an expression of wide import. however, in the context of disallowance of entertainment expenditure as a business expenditure by virtue of sub-section (2a) of section 37 of the income-tax act, 1961, the word "entertainment" must be construed strictly and not expansively. ordinarily "entertainment" connotes something which may be beneficial for mental or ..... on of the assessee's business or which results in benefit to the assessee's business has to be regarded as an allowable deduction under section 37(1) of the act. such a donation, whether voluntary or at the instance of the authorities concerned, when made to a chief minister's drought relief fund ..... include expenditure on food or beverages provided by the assessee to his employees in office, factory or other place of their work.the finance act, 1992 has substituted sub-section (2) for sub-sections (2) and (2a) with effect from 1.4.1993 provides a quantum of disallowance. the new provision provides that deduction on account .....
Tag this Judgment!Court : Kolkata
Decided on : May-08-2006
Reported in : (2006)3CALLT505(HC)
..... the rules made thereunder, and shall state the qualification, age, experience or any other requirement for filling up of such vacancy.9. from the definition clause under section 2, the definitions of the different words, namely, establishment, government company, local authority and public undertaking, the following appears:2(4). 'establishment' means-(a ..... 'government company' has the same meaning as in clause(18) of section 2 of the companies act, 1956 (1 of 1956);(7) 'local authority' has the same meaning as in clause (23) of section 3 of the bengal general clauses act, 1899 (ben act 1 of 1899):(9) 'public undertaking' means any industry, trade, ..... business or occupation owned, controlled or managed by-(a) the state government or any department of the state government; or(b) a government company; or(c) a corporation established by or under a central or state act .....
Tag this Judgment!Court : Kolkata
Decided on : May-10-2006
Reported in : (2007)1CALLT25(HC)
..... put it in the other way, the affidavits by the respondents are silent as to what had prompted the president of the board to exercise the powers under section 28(2) of the act. the principles of law laid down in the sachi nath ghosh and ors. (supra) and panchanan mondal (supra) relied on by the petitioner are squarely applicable ..... , these are virtually an echo of the charges in the show cause notice. therefore, what had prompted the president of the board to exercise emergency power under section 28(2) of the act is a mystery since the affidavits filed on behalf of the respondents do not disclose the situation which were emergent in nature. so far as 'report' mentioned ..... p.o kalyani, district nadia and other papers and the unsatisfactory reply to the show cause had prompted the president of the board to exercise emergency power under section 28(2) of the act. it may be noted that on 16th december, 2005 a notice to show cause was issued by the secretary of the board. on 18th december, 2005 the .....
Tag this Judgment!Court : Kolkata
Decided on : May-11-2006
Reported in : I(2007)DMC398
..... staying at her paternal house. the o.p/wife filed a criminal case against the petitioner and his family members. subsequently on 30.7.2004 she filed an application under section 125, cr.p.c., against the petitioner in the family court, kolkata praying for maintenance. the learned court below fixed 14.9.2004 for the petitioner to file show ..... the decision reported in : 1983crilj159 (supra) is concerned it appears that the said decision was passed in a case filed as per provisions of prevention of food adulteration act when a prayer for quashing of the criminal proceeding was made before the high court. it has been held in the said decision that inherent powers under ..... favour towards litigation cost so that she can effectively contest the proceeding.4. in the result, the revisional application succeeds on contest. the order dated 22.12.2004 passed under section 125, cr.p.c. in misc. case no. 116 of 2004 by the learned trial judge, family court, kolkata is set aside. the matter is sent back on .....
Tag this Judgment!Court : Kolkata
Decided on : May-12-2006
Reported in : (2006)3CALLT50(HC),2006(4)CHN136
..... connection with the said proceeding. mr. ghosh contended that in connection with the demolition proceeding, the corporation is required to serve a notice under section 400 of the said act and a copy of the precis prepared in connection therewith upon the person responsible.39. mr. ghosh pointed out that those two documents were served ..... no, 1 by the municipal authorities vide their letter dated 26th december, 2005.7. the petitioner no. 1 replied to the said notice under section 400 of the said act by his letter dated 2nd january, 2006 whereby the allegation regarding illegal construction at the said premises was denied by the petitioners. the petitioners invited ..... property for marriage function, parties, kirtans and other social gatherings on payment of huge amounts.4. on receipt of the said complaint, notice under section 400 of the said act was served upon the complainants, viz., the respondent nos. 11 to 17 herein whereby the complainants were called upon to demolish a number of single .....
Tag this Judgment!Court : Kolkata
Decided on : May-12-2006
Reported in : (2006)2CALLT547(HC),2006(4)CHN392
..... pradesh reported in : 1975crilj870 , in support of his contention that omissions of important facts, affecting the probabilities of the case, are relevant under section 11 of the evidence act in judging the veracity of the prosecution case. in the instant case, there being glaring omissions of important facts in the fir, the trial ..... in the face of presentation of such overwhelming evidence against the appellants, the trial court rightly convicted and sentenced them for commission of offence under section 302 read with section 34 of the indian penal code, as contended by mr. safiullah.14. the prosecution heavily relied on the testimony of the eyewitnesses to build ..... of the witnesses, chargesheet was submitted against both the appellants.5. following the commitment of the case to the court of session, charge under section 302 read with section 34 of the indian penal code was framed against both the appellants. they were charged with having committed the intentional murder of md. jahangir .....
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