Court : Kolkata
Decided on : May-12-2006
Reported in : 2006(4)CHN307
..... of this petition heavily relying himself on the provisions of the west bengal gambling and prize competitions act, 1957. he invites our attention to the 'common gaming house' under section 2(a) and the definition of gaming and gambling in section 2(b). he points out that gaming or gambling includes wagering or betting except wagering or ..... thereafter a reference is made to sections 30 and 31 of the indian contract act which declares that the wagering contract is a nullity. the provisions of the west bengal act, referred to above, are then brought out in the petition and ultimately in paragraph 17 ..... or sponsors in the form of various competitions. the petitioner has referred to the bombay prevention of gambling act, the madras gaming act, the hyderabed prevention of public gaming act and the west bengal gambling and prize competitions act of 1957.3. the definition of gambling as it is found in various dictionaries is relied on and .....
Tag this Judgment!Court : Kolkata
Decided on : May-15-2006
Reported in : 2007[2]STR315
..... any particular form, it can be in any form. no specific phraseology or language is required to take such a plea. the language in section 16(c) of the specific relief act, 1963 does not require any specific phraseology but only that the plaintiff must aver that he has performed or has always been and is willing ..... hind construction air 1965 sc 917 (supra). in that case this court was considering the jurisdiction and power of the industrial court during the time when section 11-a of the industrial disputes act, 1947 was not on the statute book. considering the nature, of the punishment imposed on the workmen, who had gone on strike, because they ..... the book of maharashtra legislature. parliament introduced the concept of unfair labour practices by inserting chapter v-c by act no. 46 of 1982 w.e.f. 21st august, 1984. sections 25-t and 25-u of the industrial disputes act deal with 'prohibition of unfair labour practice' and 'penalty for committing unfair labour practices' respectively. the term .....
Tag this Judgment!Court : Kolkata
Decided on : May-18-2006
Reported in : 2007(3)CHN799
..... or produced in india does not appear to be correct inasmuch as the said conclusion is based on the premise that section 12 of the customs act, and not section 3(1) of the tariff act, is the charging section. the hon'ble supreme court further held as follows:.as we have already observed on a correct interpretation of the relevant ..... court in hyderabad industries ltd. and anr. v. union of india and ors. (supra) held that the additional duty was a customs duty, section 12 of the customs act being the charging section, which was leviable on the import of goods into india and it had no nexus with the nature and quality of goods so imported. another reason ..... said order on the ground that the hon'ble first court failed to appreciate that the appellant is exempted from making payment of basic customs duty under section 12 of the customs act, 1962 in view of the free trade agreement entered into by and between india and sri lanka executed on december 28, 1998 read together with notification .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-13-2006
Reported in : (2007)1CALLT253(HC)
..... that after being satisfied with the performance of the petitioner as branch manager of the bank at bhowanipore branch; deputy general manager by his letter no. wbz/dgm/sec/155/90, dated 8.12.90 highly praised the petitioner, inter alia, to the effect:the affairs of bhowanipore branch were in shambles. shri paul after taking ..... regulations (in short the regulations) do constitute a criminal offence in the first place. therefore, when charge or charges are framed against an employee for commission of act or acts in violation of the provisions of regulation 3 of the said regulations there is no obligation on the part of the disciplinary authority to prove the 'mens rea' ..... at the time of commision of the alleged offence under the said regulation has also to be proved. normally these words, mala fide intention, ulterior motive or deliberate act or acts suggest or point to the 'guilty mind' of the person concerned who is charged with any criminal offence, in other words, if it is said that 'a' .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-19-2006
Reported in : 2006(4)CHN100
..... no. 255 dated 14th september, 1994 at 1.45 p.m. i.e. 13.45 hours under sections 148, 149, 326, 307/34 of ipc read with sections 25 and 27 of the arms act and section 9(b) of i.e. act. p.w. 19 made arrangement for sending the victim to s.s.k.m hospital, examined witnesses, ..... there was failure of justice which caused serious prejudice to the appellant. mr. basu, therefore, submitted in the circumstances, conviction of the appellant only under section 302 of cr. pc without framing any specific charge against him is not permissible under the law and accordingly the order of conviction passed against the appellant is not ..... persons were acquitted of the charges and no appeal has been preferred by the government against the order of acquittal. therefore, conviction of the present appellant only under section 302 of ipc without framing any specific charge against him, deprived him of availing an opportunity to cross-examine the prosecution witnesses concerning the offence and, therefore, .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-19-2006
Reported in : 2007(1)SLJ408(NULL)
..... by the government press makes it clear that the premises where such activity is carried on clearly comes within the meaning of factory as defined in section 2(m) of the said act. furthermore, it could not be seriously disputed on behalf of the petitioner, that he has received benefits of over time allowances and others at ..... any premises within the meaning of the definition of factory apart from what is included within the said definition given in section 2(m), of the said act. for the sake of convenience the section 2(m) of the said act is set out hereunder:(m) 'factory' means any premises including the precincts thereof:(i) whereon ten or more workers ..... been issued to declare the government press as a factory and in support thereof section 85 of the factories act has been relied upon. for the sake of convenience section 85 of the factories act, 1948 is set out hereunder:85. power to apply the act to certain premises.--(1) the state government may, by notification in the official gazette .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-27-2006
Reported in : 2006(3)CHN669
..... the concerned universities to the students of such institutes after the examination, would be simply invalid in terms of the statutory provisions, more particularly, under section 16 of the ncte act. the petitioners have pointed out that the calcutta university had granted affiliation to 11 colleges which was not recognized by the ncte, the vidyasagar university also ..... parents who have spent thousands of rupees. the universities also admitted that those colleges, which were already in existence, had also failed to comply with section 14 of the act of applying to the ncte for the recognition within a particular time-frame and get the recognition.12.3. it also comes out that the universities ..... if they now pass the examination their certificates would be of no avail and cannot be treated to be a valid certificate in terms of section 17(4) of the ncte act because if there is no power to award the certificate and even such certificates are awarded they would be non est. the parents of these .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-2006
Reported in : 2006(4)CHN302
..... the suit as framed was not maintainable and was hopelessly barred by limitation. the suit was also hit by the provision of section 34 of the specific relief act and section 57b of the west bengal estates acquisition act.(2) the defendant was the absolute owner of the suit property for all material purposes and was in possession of the same ..... 3480 and 3481 was 58 and 55 decimals respectively and those had been retained by alamohan das, the father of the appellant under the provision of west bengal estates acquisition act. at the time of preparation of r.s. khatian, dag no. 3480 was recorded in khatian no. 229 and dag no. 3481, in khatian no. 2295 ..... by exercising various overt acts of ownership and possessions since the deed of gift dated 14th september, 1951 was executed and registered .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-2006
Reported in : 2006(3)CHN407
..... 1969.(i) the west bengal legislature subsequently passed an ordinance which was later on incorporated into a statute, namely, the murshidabad estate administration (amendment) act, 1959 by which the proviso to section 5 of the murshidabad estate administration act, 1933 was deleted and a new proviso was added so that the property might not be restored to the eldest brother of the writ ..... of several lakhs of rupees.(f) by virtue of the provision contained in the government of india act, 1935, the properties of the murshidabad estate vested in the then government of bengal and under section 177 of the said act, all contracts except those mentioned in section 178 thereof, made by the secretary of the state were deemed to have been made on behalf .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-2006
Reported in : 2006(3)CHN417
..... favour of the appellant, then the whole object and purpose of conferring such wide discretion upon the commissioner under the provision to sub-section (1) of section 10 of the 1923 act would definitely be frustrated to a great extent. his lordship relied upon various decisions of the supreme court in arriving at further conclusion ..... whether in the facts and circumstances and the evidence-on-record the commissioner should have exercised his discretion under the proviso to sub-section (1) of section 10 of the workmen's compensation act, 1923 in favour of the appellant irrespective of the cause for making a delayed claim especially when the commissioner was satisfied with ..... delay, the approach of the court should be liberal and particularly, in this case, while considering the question of delay in preferring a claim under section 10 of the act, the commissioner ought to have allowed the application. in the fact of the present case, according to his lordship, there was enough evidence to .....
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