Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: kolkata Page 74 of about 10,025 results (0.186 seconds)

Chandan Thakur Vs. Iisco Steel Plant and ors.

Court : Kolkata

..... provisions of any statutory rule governing the conditions of service and (iii) a workman whose conditions of service are governed under the industrial disputes act.10. section 2(k) of the industrial disputes act refers to three things i.e., (i) there should be a dispute or difference; (ii) the dispute or difference should be between ..... to the parties to the dispute and last, to the subject matter of the dispute.11. mr. gupta further contended that the words 'any person' used in section 2(k) may not be equated with the words 'any workman'. on the other hand, mr. s. banerjee appearing as learned counsel for the writ petitioner submitted ..... . the remedy of the petitioner, according to mr. gupta, under the industrial disputes act, is more efficacious and there is no reason for exercise of this extraordinary constitutional writ jurisdiction. mr. gupta further submitted that the expression 'any person' in section 2(k) is significant enough and also takes care of the present writ petitioner. .....

Development Consultants Pvt. Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2008)115TTJ(Kol.)577

..... the i t. rules, constitute a specific code or legislation on account of transfer pricing.15. as per the provisions of section 92e of the it.act read with section 92d of the it act any assessee entering into any cross border transaction with an ae is required to furnish a certificate in the form accountant report ..... the commissioner (appeals). 5. before proceeding to discuss the determination of alp on transaction by transaction basis, shri mitra submitted that as per section- 92c(1) of the it act. the arm's length price of an international transaction is required to be determined using any of the prescribed methods, being the most ..... the form of subsidiaries and further step down subsidiaries incorporated in foreign countries, all the which are admittedly "associated, enterprises" (ae), within the meaning of section 92a of the it act. the said aes are as follows (a) development consultants international limited (dcil), a company incorporated in bahamas; (b) the kuljian corporation (tks), a .....

Smt. Pato Mondal Vs. the New India Assurance Company Limited and anr.

Court : Kolkata

Reported in : 2008ACJ1854

..... victim or he was the only one to fall back upon in their old age and there is no chance of having another child.35. in the proceedings under section 166 of the act relating to the death of a child of the abovementioned categories, the tribunal is entitled to assess higher amount of compensation after taking into consideration those factors.36 ..... the rate of 7.5% per annum from the date of filing the application. the court found the said amount to be 'just compensation' within the meaning of section 168 of the act. in arriving at such conclusion, the bench proceeded to follow the observations of the earlier bench decisions of the same court in the cases of 1) state of haryana ..... is no reason to reduce such amount of compensation. however, the tribunal, in this case, failed to exercise discretion in terms of section 171 of the act by not granting any amount of interest on the said amount from the date of filing the application till the actual deposit of the amount by the insurance company. the .....

The Food Corporation of India and ors. Vs. Pankaj Kumar Sarkar

Court : Kolkata

Reported in : (2008)1CALLT107(HC)

..... general manager (w.b.)12. a reply was filed against the said imputation of misconduct by contending that as the matter was referred to from the storage section right from the junior level staff to him, so a note was issued to enhance the rate. the reply as filed reads thus:dated : 28th june ..... . misconduct has been defined in black's law dictionary, sixth edition at page 999 thus:a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behavior, wilful in character, improper or wrong behavior, its synonyms are misdemeanor, misdeed, misbehavior, delinquency, impropriety, mismanagement, offense, ..... but not negligence or carelessness.20. misconduct in terms of the definition accordingly may be considered as 1) a forbidden act 2) conduct inconsistence with the power of the employee while he is working in office. misconduct in office has further been defined which reads thus:any unlawful .....

Pritam Rooj Vs. University of Calcutta and ors.

Court : Kolkata

Reported in : AIR2008Cal118

..... sundry exemptions to its exercise, the manner of attainment of the right and the body of procedure set up there for. through every pore of its 31 sections, the act celebrates the spirit of knowledge.56. knowledge is the plinth on which a polity is built and which it draws from for its sustenance. access to ..... which was rejected on the technical ground that the appeal papers were not signed by the would be appellant. the citizen preferred another appeal under section 19(1) of the act which was rejected, following which he preferred a second appeal. the second appeal was allowed and the public information officer of the hospital was directed ..... is in question in these proceedings, as to the desirability of answerscripts being made available to examinees upon a request being made for obtaining information under section 6 of the said act.15. the petitioner suggests that there is no jugglery of interpretation that is called for in the present context. he says that the inclusive definition .....

Bimalendu Ghose Vs. Smt. Mukti Ghosh

Court : Kolkata

Reported in : (2008)2CALLT63(HC)

..... the decisions of the court given in exercise of its original civil jurisdiction.(2) orders made by the court in any proceeding under this act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie ..... and in fact the same was filed.the said pleas were opposed by mr. bhattacharya, learned counsel for the opposite party who drew attention of the court to section 28 of the hindu marriage act, 1955 which runs as follows:28. appeals from decrees and orders.- (1) all decrees made by the court in any proceeding under this ..... act shall, subject at the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which .....

Smt. Nanu Sabar Vs. Chhutu Mahato and ors.

Court : Kolkata

..... by tradition, methodised by analogy and disciplined by system. in amar chand aggarwal v. shanti bose : 1973crilj577 , this court said that normally the jurisdiction of the high court under section 439, cr.p.c. is to be exercised only in exceptional cases when there is a glaring defect in the procedure or there is a manifest error on point of ..... , j.1. learned additional sessions judge, purulia in sessions case no. 65 of 1997 (trial no. 24 of 1997) acquitted ten accused persons upon trial of the charges under section 148, 341/149, 304(part-i)/149 of the ipc by his judgment and order dated 20-122001 and the present revisional application has been filed by the wife of ..... legal defect of a serious nature which has resulted in grave failure of justice. it is not expected to act under sections 435/439, cr.p.c. as if it is a hearing on appeal in spite of the wide language under section 435 which empowers it to satisfy itself as to the correctness, legality or propriety of a finding, sentence or .....

Damodar Valley Corporation Vs. Goutam Sinha and ors.

Court : Kolkata

..... it further.the chairman was of the view that issue is not withdrawn a point of principle should be established but how best to solve the problem. section 10 of the act is not declaratory in nature and it mandates that the working conditions and benefits afforded to contract labour has to be seen. the committee deferred its ..... of the paper book) and the same was disposed of after noticing that an application under section 10(1) of the said act was already pending decision by the central government. accordingly, a direction was made upon the central government to consider and dispose of the said pending ..... 1999 in which, claiming themselves to be contract labourers, they had prayed for a direction upon the central government to issue a notification under section 10(1) of the contract, labour (regulation & abolition) act, 1970 with a further prayer for their absorption in the regular establishment.this writ petition was taken up on 16.2.1999 (page 87 .....

In Re: Subhasree Datta and anr.

Court : Kolkata

Reported in : (2008)2CALLT43(HC),2008(2)CHN303,II(2008)DMC582

..... was not only considering the exercise of matrimonial jurisdiction by the appellate courts, but was also considering, at length, the provision of sub-section 2 of section 13b of the said act and opined that the same should be read as directory only.(emphasis supplied by this court).13. the other judgment referred to by the ..... interlocutory application for preponing the hearing was also filed jointly.11. with regard to whether the statutory waiting period of six months under sub-section 2 of section 13b of the said act was mandatory or not, the same has been considered at length in the andhra pradesh high court's judgment (supra). it would be ..... known to the joint petitioners, the same was not filed, till as late as 7th december, 2007. however, immediately after filing the said application under section 13b of the said act, they approached the learned court below with an interlocutory application for preponing the date of hearing, wherefrom the impugned order arises. the learned court below, .....

S.K. Devanath @ Sampangi and ors. Vs. the State of West Bengal and anr ...

Court : Kolkata

Reported in : 2008(3)CHN474,2008CriLJ2831

..... scheduled castes or scheduled tribes to be convicted for a capital offence i.e. one which is punishable with death, on the other hand the section 3(2)(ii) of the said act is attracted when by giving and fabricating false evidence the accused intended thereby to cause or knowing it to be likely to cause any person who ..... different kind of punishments and the punishment so prescribed is more harsh in case of former than that of the later. while section 3(2)(i) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 is attracted in a case where by giving and fabricating false evidence the accused intended to cause or knowing it to ..... such person is a member of a scheduled castes or scheduled tribes or such property belong to such member, no offence punishable under section 3(2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 can be said to have been made out. mr. basu further submitted that the entire allegations made in the fir .....