Court : Kolkata
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
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
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
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 .....
Tag this Judgment!Court : Kolkata
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
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
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
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
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
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!