Court : Kolkata
Decided on : Jun-30-2006
Reported in : 2006(3)CHN584
..... from the record that the defendant agreed to accept the machinery on the basis of payment of rent. the machineries are embodied to earth and according to section 3 of the transfer of property act, the subject-matter of tenancy in such a situation must be held to be that of immovable property. by the self-same agreement, the defendants were ..... a trespasser so long his tenancy was continuing.15. once the tenancy is held to be in respect of immovable property, a notice in terms of section 106 of the transfer of property act is required and it appears that the plaintiff had given six months time to vacate and suit was filed after the expiry of six months as the ..... tenancy was given for manufacturing purpose. the mention of section 13(6) of the west bengal premises tenancy act in the said notice was superfluous. even if we accept for the sake of argument that there being structure over the property, the tenancy was .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-2006
Reported in : AIR2006Cal249,2007(1)CHN503,I(2007)DMC566
..... that the marriage has irretrievably broken down by itself cannot enable a court to pass a decree for divorce unless any of the various grounds mentioned in section 27 of the special marriage act is established from the materials on record.11. we, however, also find substance in the contention of mr. mukherjee, the learned counsel appearing on behalf ..... suit no. 12 of 1993 thereby passing a decree for divorce on the ground of cruelty.2. the husband filed an application for divorce under section 27(i)(d) of the special marriage act thereby praying for divorce on the sole ground of cruelty and the case made out by the respondent may be precised thus:(a) the parties ..... before the employer, in our view, such fact cannot amount to cruelty. if we accept the contention of mr. mukherjee, the learned advocate for the respondent that such act amounts to cruelty, then even if the wife on a just cause goes to court alleging non-payment of maintenance and gets an order of attachment of salary directing .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-2006
Reported in : 2007(1)CHN458
..... pending before him on such commencement in accordance with the provisions of this act. sub-section (2) of section 26a of the act of 1988, incorporated by the west bengal amendment act of 1994, conferred validity on the actions of special courts appointed even after the act of 1988 came into effect specifically stipulating therein that the jurisdiction is not ..... tune of rs. 2,00,000/- and corresponding gain to themselves, r.c. 24(a)/1989-cal under section 120b/420/467/468/471 ipc/13(1)(d) read with section 13(2) of the prevention of corruption act, 1988 was registered on 16.05.89 against the o.p. joydeb dasgupta and other unknown persons, and after ..... or taken under or in pursuance of the corresponding provisions of 1988 act. section 26 of the 1988 act which deals with 'special judges appointed under act 46 of 1952 to be special judges appointed under this act' provides that every special judge appointed under the criminal law amendment act, 1952 in any area or areas and is holding office on .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-04-2006
Reported in : 2007(2)ARBLR529(Cal),(2007)1CALLT167(HC)
..... provision contained in the said act in particular section 28, an arbitrator is required to decide in accordance with the terms of the contract and should also take into account the usage of the trade applicable to ..... wider meaning to the said expression 'public policy of india' and, therefore, the award in the instant case, being patently illegal, could be interfered with under section 34 of the 1996 act.33. relying upon the decision of oil & natural gas corporation ltd. (supra), it was submitted on behalf of the respondent that by reason of the specific ..... 1999 entered upon reference on 3rd august, 1999 and thereafter made and published his award on 9th september, 2000.12. the respondent filed an application under section 34 of the said act on 2nd january, 2001.13. by the impugned order the learned trial judge set aside the claim in respect of items no. 3 and 5 but .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-05-2006
Reported in : 2007(207)ELT185(Cal)
..... case such suit is filed within a period of three months from date, the writ petitioner/respondent would be entitled to take the benefit of the section 14 of the limitation act as they were sincerely pressing their claim in the writ proceeding as well as in the appeal.20. in case such deposit is not made within the ..... order1. the court : the writ petitioner/respondent was transporting betel nuts through three trucks which were seized by the customs authority. a show-cause notice under section 124 of the customs act, 1962 was given to the writ petitioner/respondent. after considering the reply to the show-cause notice the adjudicating authority passed a reasoned order dated november 24 ..... proper officer of the customs authority has reason to believe that any goods are liable to confiscation under the act, he may seize the goods and once the goods are seized he is duty bound to serve notice under section 124 within six months from the date of seizure of the goods and in default goods are liable .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-06-2006
Reported in : (2006)3CALLT631(HC)
..... so far as the committee is concerned, the decision of the board shall be final:provided that the board may delegate to any committee constituted under section 24 of the act the powers and functions conferred on the board by this sub-rule.(8a) in case of lapses on the part of permanent or temporary teachers and ..... his affidavit-in-opposition annexed a xerox copy of the judgment dated 2nd january, 2003 passed by the learned 6th additional judge at chapra, under section 13 of the hindu marriage act, 1956, which shows that the wife of the petitioner has obtained an ex parte order of divorce against the petitioner.13. the order of ..... which is impugned in this writ application, the secretary, west bengal board of secondary education informed the petitioner that the committee constituted under section 24 of the west bengal board of secondary education act, 1963 had decided that the suspension order against the petitioner should continue. being aggrieved by the said decision of the west bengal board .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-07-2006
Reported in : 2006(4)CHN188
..... applicability to an industrial establishment or a class of industry in a local area. 'any class of industry' and 'industry' have been defined in section 2(al) and section 2(aa) of the said act respectively. it is nobody's case that hotel hindusthan international is a class of industry; as such, this court need not consider the applicability ..... submission of mr. majumdar. mr. das further added that when the hon'ble appeal court directed the registrar of trade unions to consider the application under section 28a of the said act submitted by the respondent no. 3 by treating the hotel as 'an industry', the registrar of trade unions has no other alternative but to decide the ..... the order passed by the registrar of trade unions, west bengal on 8th december, 2005 in connection with the application of the respondent no. 3 under section 28a of the said act as well as the legality of grant of certificate in favour of the respondent no. 3 declaring the said respondent as the sole bargaining agent in .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-07-2006
Reported in : (2007)1CALLT536(HC),2007(1)CHN578
..... more public utility services for such areas as may be prescribed in the notification. the 'public utility service' within the definition of clause (b) of section 22a of the said act means any-(i) transport service for the carriage of passengers or goods by air, road or water; or(ii) postal, telegraph or telephone service; ..... further contended that the petitioner who was forced to sign the petition, was not given any opportunity to place her case.6. sub-section (1) of section 22b of the legal services authorities act, 1987, which deals with pre-litigation conciliation and settlement and starts with a non-obstante clause speaks of establishment of permanent lok ..... adalat in a pre-litigation conciliation and settlement proceeding has no jurisdiction under section 22b read with action 22a(b) of the legal services authorities act, 1987 to entertain and pass an award of mutual divorce under the provisions of the hindu marriage act, 1955 and as such the impugned order being void ab initio should .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-07-2006
Reported in : (2007)2CALLT592(HC),2007(1)CHN198
..... was transferred by pro-o.p. no. 3 who cannot claim a common right of user, there was no illegality in the impugned order.6. under section 44 of the transfer of property act, when one of several co-owners transfers his share, the transferee stands in the shoes of the transferor and acquires as against the other co-owners the ..... of labanya bala debi v. parul bala debi reported in : air1973cal367 and putting emphasis on the word 'certain' as used in the definition of 'gift' in section 122 of the transfer of property act, mr. banerjee argued that when the said word 'certain' according to black's law dictionary means ascertained, clearly known, unambiguous, identified and free from doubt and ..... under common enjoyment of the petitioner and pro-o.p. nos. 2 and 3, the petitioner being co-owner is entitled to protection of his privacy under section 44 of the transfer of property act against the o.p. who is a stranger to the family.5. mr. banerjee, learned counsel for the o.p., on the other hand,on .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-10-2006
Reported in : 2008ACJ1514,AIR2007Cal143
..... the matter before the learned tribunal below. both the two trucks were insured under the same insurance company and admittedly the insurance company took leave under section 170 of said act to agitate all the points as the respective owners did not contest the case. the learned advocate for the appellant submits that from the material evidence ..... judgment though the statute have given effect of such by notification earlier. to pose the question very lucidly we are explaining that the concerned motor vehicles act so far as section 147, which carries the no liability of the insurance company of gratuitous passenger of a goods vehicle was already into the statute book with effect ..... within a period of two weeks from this date along with the interest @ 7.5% thereof from the date of claim application by exercising power under section 171 of said act and following the judgment of apex court on issue of payment of interest from the date of application as passed in the cases national insurance co. .....
Tag this Judgment!