Court : Kolkata
Reported in : (2008)3CALLT241(HC)
..... to be taken. 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.9. accordingly, it has been submitted by the learned advocate for the appellant that the order .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2008Cal279
..... on the ground that the civil court had no power to entertain or adjudicate any suit or proceedings for repair in view of section 35 read with section 44 of the 1997 act.section 35 of the 1997 act provides as follows:35. making of repair and taking of measures for maintenance of essential service - (1) if the landlord neglects ..... but one, the ambit of whose meaning will be governed by the statute.in the aforesaid case the supreme court construed 'proceeding' in sub-section (2) of section 22 of the specific relief act, 1963 to include an application for execution and held that an application for amendment of the plaint could be made at any stage of the ..... advocate commissioner was duly appointed. the advocate commissioner submitted a report that the suit premises were in a dangerous condition.5. on 28th april, 2005 section 6 of the 1997 act was amended with effect from 19th march, 2005 and power to pass decree for eviction and/or recovery of possession was conferred on the civil judge .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2007Cal296,2007(4)CHN767
..... electricity board v. deb kumar jash reported in 2005 (4) chn 24. mr. panja further submits that in exercise of power conferred under section 46 read with section 181 of the electricity act, the west bengal electricity regulatory commission has already made the west bengal electricity regulatory commission (recovery of expenditure for providing new connection) regulation, 2005 ..... .8. after hearing the learned counsel for the parties and after going through the materials on record, we find that the provisions contained in sections 43 and 46 of the electricity act, 2003 have been given effect to from june 10, 2003 whereas the learned single judge passed the order impugned on the very next day, ..... law as it stands on that day because the law as in stood earlier is inconsistent with the provision of the act of 2003 and consequently, is not saved by section 185(2) of the act of 2003 and therefore, his lordship committed substantial error of law in passing direction upon the licensee not to include .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN605
..... appearing on behalf of the appellant has reiterated his submission made before the learned single judge and has contended that the mandate of the provisions contained in section 16 of the act read with rules 5 and 6 of the gram panchayat administration rules framed thereunder having been violated, it was a fit case for setting aside the ..... this court in case of aloke pramanik v. state of west bengal and ors. reported in 1996 (1) clj 434, while considering similar provision contained in section 105 of the act. in this connection, mr. basu, the learned advocate appearing on behalf of the appellant placed reliance upon an unreported decision of a division bench of this court ..... to the writ application and it is apparent that no explanation has been given as to what prevented the appellant from complying with the first part of section 16 of the act by calling a requisitioned meeting in terms of the statute.25. we, consequently, find no merit in this appeal and the same is accordingly dismissed. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN761
..... the preliminary enquiry held by the concerned authority.9. to appreciate the aforesaid questions, it will be profitable to refer to section 9 of the west bengal scheduled castes and scheduled tribes (identification) act, 1994 and rule 3 of the west bengal scheduled castes and scheduled tribes (identification) rules, 1995 which are quoted below: ..... 9. power to cancel, impound or revoke certificate.- if the certificate issuing authority is satisfied that a certificate under this act has been obtained by any person by furnishing any false information or by misrepresenting any fact or by suppressing any material information or by producing any documents ..... the purpose of protecting a genuine certificate holder from unnecessary harassment, the legislature has taken care to see that any complaint, before the same is acted upon and the certificate-holder is asked to show-cause, is investigated by an officer not below the rank of an inspector and the certificate issuing .....
Tag this Judgment!Court : Kolkata
Reported in : 2008CriLJ620
..... is not proper in assessing the evidence to assume an explanation which the witness himself did not give unless a presumption can properly be based on section 14 of the evidence act.27. the reasons which weighed with the learned trial judge in convicting all the four accused persons and our views with regard thereto having been ..... of the aforesaid accused/appellants and acquit them of the charge framed against them. they are also discharged from the liability of their bail bonds. the charge under section 302/34, of the ipc against accused/appellant joynal has been proved beyond all reasonable doubt and therefore, we confirm the judgment and conviction of the learned ..... had been murdered. his examination and cross-examination were completed on 23rd july, 1992. the records reveal that on 8th march, 1994 the prosecution applied under section 311 of the code of criminal procedure seeking leave to call a competent witness either on behalf of the prosecution or as a court witness on the ground .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2008)112ITD57(Kol.)
..... favour of assessee and against the revenue and accordingly reject the ground no. 15 raised by the revenue.92. ground no. 16 relates to deduction under section 80hhd of the act.brief facts relating to this issue are that the assessee-company apart from other activities also run and manage a chain of hotels known as "welcome group ..... supreme court in the case of cit v.lakshmi machine works reported in 290 itr 667, wherein your lordship held as under: the object of the legislature in enacting section 80hhc of the act was to confer a benefit on profits accruing with reference to export turnover. therefore, "turnover" was the requirement, commission, rent, interest, etc. did not involve ..... be held as incurred for the purpose of business and could not be allowed as such expenditures do not satisfy the conditions for its admissibility as mentioned in section 37(1) of the act. the ld.sr. d.r. extending her argument has pleaded that the ld. cit(a) has deleted such addition only by stating that the a .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2008)115TTJ(Kol.)45
..... of asscssee and against the revenue and accordingly reject the ground no. 15 raised by the revenue.92. ground no. 16 relates to deduction under section 80hhd of the act.brief facts relating to this issue are that the asscssee company apart from other activities also run and manage a chain of hotels known as "welcome ..... the hon'ble supreme court in the case of cit v.lakshmi machine works , wherein your lordship held as under: the object of the legislature in enacting section 80hhc of the act was to confer a benefit on profits accruing with reference to export turnover. therefore, 'turnover' was the requirement, commission, rent, interest, etc. did not ..... as incurred for the purpose of business and could not be allowed as such expenditures do not satisfy the conditions for its admissibility as mentioned in section 37(1) of the act. the learned senior departmental representative extending her argument has pleaded that the learned cit(a) has deleted such addition only by stating that the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN765
..... of mannalal khetan (supra), the other decision cited by mr. deb burman, the supreme court was considering the question whether the provisions contained in section 108 of the companies act was mandatory. in answering such question in affirmative, the court approved the following tests as decisive:in raza buland sugar co. ltd. v. municipal ..... conclusion of the said proceeding'.(g) the proceeding for disqualification initiated under section 213a of the act culminated in declaration by the prescribed authority that the members against whom the proceedings were initiated ceased to be members of the gram panchayat ..... disposed of the said writ application by order dated 15th december, 2006 by holding that 'the prescribed authority should conclude the proceeding under section 213a of the act in terms of the appellate forum before holding the election for pradhan' and 'the election of the pradhan should be made immediately after the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008CriLJ2677
..... to death. the accused iswar. basai and sukukar were acquitted. the accused doctor murmu and donai were convicted by an order dated 9th september, 2003 for offence punishable under sections 376(g) and 302 of the indian penal code. by an order dated 10th september 2003 both the convicts were sentenced to suffer life imprisonment and to pay fine of ..... rape and when there is no other supervening circumstances, i have no hesitation to hold that accd. donu soren and doctor murmu are responsible for commission of the offence under sections 376(g) and 302, i.p. code.11. the reasoning of the learned trial judge is perverse to say the least. in the first place there is no definite ..... the night. presumably she was concerned about the poor girl, if we take her deposition at its face value. but in her cross-examination she stepped down the alleged act of dragging to a mere request to accompany. she has added that she did not suspect any foul play because donai was a near relation of sonamani. she has not .....
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