Court : Kolkata
Reported in : (2008)3CALLT231(HC)
..... kundu and as such, she cannot be described as a stranger to the proceeding. in the application praying for substitution as well as in the petition filed under section 5 of the limitation act, the status of jyotsna kundu was mentioned. in order to file such a petition it is required that a person concerned who signed the petition has adequate knowledge ..... son, two daughters and his widow as his legal heirs. one jyotsna kundu who is a stranger in the proceeding, filed an application under order xxii rule 3 read with section 151 of the code of civil procedure praying for substitution of the heirs of the deceased dina bandhu kundu. the learned additional district judge, fast track court no. 2 at .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2008Cal88
..... the notice. there may be some meaningful consideration of the objections raised rather than to ritually reject them and proceed to take drastic measures under sub-section (4) of section 13 of the act. once such a duty is envisaged on the part of the creditor it would only be conducive to the principles of fairness on the part of ..... furnished a representation and/or objection, the authorities of the punjab national bank are directed to treat and consider the same as a representation or objection under section 13(3a) of the act within a week from the date of presentation of the certified copy of this order.15. no order as to costs.16. urgent xerox certified copy of ..... . in order to appreciate the points canvassed and issues raised, it is necessary to refer to and deal with section 2(1)(o), sub-section (2), (3), (3a), (4) and sub-sections (1), (2), (3) and (4) of section 17 of the act.section 2(1)(o) is as follows:2. definitions-(o) 'non-performing assset' means an asset or account of a .....
Tag this Judgment!Court : Kolkata
Reported in : 2009ACJ1549,AIR2008Cal59,2008(3)CHN753
..... unlawful throwing of a stone by a person on a running train resulting in severe injury must be said to be an untoward incident within the meaning of section 123(c) of the act.26. the next question is what will be the amount of compensation payable in this case. although mr. paul, the learned advocate appearing on behalf ..... subject matter of the statute.19. in the statute we are concerned, the word 'any' has been placed before a singular noun viz. person. according to section 13(2) of the general clauses act, unless there is anything repugnant in the subject or context, the words in singular shall include plural, and vice versa. therefore, injury or death of a ..... of argument that it was a stray incident of stone throwing, even then, the case comes within the definition of 'untoward incident' within the meaning of section 123(c) of the railways act. he, therefore, prays for setting aside the order passed by the tribunal and for passing an award on the ground that the incident complained of has .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN116
..... (3) in rule 1 and sub-rule (5) in rule 5 of order 41 were duly enacted and stood inserted in the code of civil procedure, 1908 by section 87 of the amendment act, which is to be found at page 1337 of the gazette, and they came into force on and with effect from february 1, 1977.the substance of the ..... cede of civil procedure (amandment) bill, 1974 (bill no. 27b of 1974) as reported by the joint committee is found published in the gazette of india, extraordinary, part-ii, section-2, dated april 1, 1976 at pages 804/35 to 804. at page 804/111, clause 87 finds place and the relevant portions of the said clause are reproduced hereinbelow ..... by both the houses of parliament was enacted into the code of civil procedure (amendment) act, 1976 (no. 104 of 1976). the act received the assent of the president of india on september 9, 1976, and it was published in the gazette of india, extraordinary, part-ii, section-1, dated september 10, 1976. the material amendments, namely, the insertion of sub-rule .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)217CTR(Cal)482,[2009]315ITR276(Cal)
..... this matter is, whether the ao was right in charging interest under section 12a of the it act, 1961 (sic-interest-tax act, 1974) because the assessment was made after invoking the provision of section 19 of the act, and sub-section (4) of section 12a [sic-section 12] of the act does not provide for charging any interest in consequence of an assessment ..... the application for condonation of delay, we are satisfied with the grounds stated in the petition. accordingly, the delay is coridoned and the application under section 5 of the limitation act being ga no. 3752 of 2007 is disposed of.2. we now take up the application for admission of the appeal. we have perused the ..... interest-tax as levied by the department. it is also expressed by the learned tribunal that the assessee has no taxable interest under the act and accordingly the interest charged under section 12 was directed to be deleted.4. we therefore, have found that the tribunal has extensively dealt with the matter including the facts, .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN402
..... transfer the said appeal from the court where it is presently pending to the appellate forum m the original side of this court, by invoking the jurisdiction under section 24 of the civil procedure code.17. mr. pal, learned advocate, appearing for the opposite parties, supported the order of the learned appeal court by contending, inter alia ..... cause injury to the plaintiff in relation to any property in dispute in the suit, the court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of ..... disposed of by the hon'ble appeal court taking up appeals from orders in the original side.41. accordingly, this court, in exercise of its jurisdiction under section 24 of the civil procedure code, transfers the said appeal being misc. appeal no. 86 of 2007 from the court of the learned additional district judge, barackpore to .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN130
..... reasonable complaint has been made or credible information has been received of his having concerned in any of the offences punishable under this act, vide w.b. act 42 of 1973.13. sub-section (1) of section 20 only stipulates that the offence shall be cognizable and non-bailable when any offence is declared to be cognizable, it only ..... sub-inspector of police, careful perusal of the case diary, however, does not show that the said officer is so authorized in terms of sub-section (1) of section 20 of the act.10. when the matter came up for hearing on earlier occasion, specific verbal direction was passed by this court to show that the officer who ..... empowers the police officer to arrest without warrant.14. sub-section (2) of section 20 incorporated in west bengal act 42 of 1973 only empower the police officer to arrest without warrant any person against whom a reasonable complaint has been made or credible .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN962
..... absence of a valid notice to quit preceding the suit, the court lacks jurisdiction to entertain the suit. the provision of giving a notice in terms of section 13(6) of the act being based on public policy cannot be waived.25. we find that on the question whether on the death of a contractual tenant, a suit filed by ..... in dhondiram tatoba kadam (supra), having not noticed the earlier binding precedent of the co-ordinate bench and having not considered the mandatory provisions as contained in sections 15 and 29 of the act had been rendered per incuriam. it, therefore, does not constitute a binding precedent.in halsbury laws of england, 4th edition volume 26 it is stated:a ..... on behalf of the surviving tenant that in the absence of the heirs of the deceased tenant and in the absence of service of a notice under section 106 of the transfer of property act the suit was not maintainable. in such a case, the apex court pointed out that in the deed of assignment, the assignees were clearly described .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)2CALLT327(HC),(2008)14VST499(NULL)
..... etc., is for a price for which bill is presented, demand is raised and enforced through termination of membership. hence there is a consideration as per section 2(d) of the contract act. therefore, it cannot be contended that there has not been any sale and supply. the restricted scope of article 366(29a) cannot be given referring to ..... anxious consideration in the matter of controversy. the point for consideration in this case is whether the learned tribunal having regard to the definition of 'sale' in section 2(30) of the 1994 act read with clause (29a) of article 366 sub-clauses (e) and (f) of the constitution of india had decided correctly that the members club like ..... learned tribunal we feel it appropriate to set out the aforesaid article 366, clause (29a), sub-clauses (e) and (f) and also the definition of section 2(30) of the 1994 act:.(e) a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CALLT331(HC),2008(2)CHN267
..... enforceable contract between the parties and further as to whether the plaintiff succeeded in proving his readiness and willingness for purchasing the suit property as per section 16(c) of the specific relief act.20. in my view, for adjudication of the aforesaid dispute, the presence of the pendente lite transferee is not at all necessary. that apart, ..... lite transferee by virtue of such purchase, this court has no hesitation to hold that such pendente lite transferee whose purchase is hit by section 52 of the transfer of property act cannot be impleaded as a party in suit for specific performance of contract where the only consideration before the court is to find out as ..... not obtained for such alienation of the suit property, alienation of the suit property in favour of the petitioner is hit by the provision of section 52 of the transfer of property act and as such the petitioner cannot be considered as an appropriate or necessary party to the suit. in short, the learned trial judge held .....
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