Court : Kolkata
Reported in : AIR2007Cal207
..... definitive 'shall' and specifies the time within which a reference ought to be made upon the conditions as to net worth as required by the said act being met. section 16 contemplates an immediate inquiry to be made by the bifr upon a reference being received and, obviously, upon the bifr being satisfied that such reference ..... company shall not be made the subject-matter or coercive action of similar quality and characteristic till the bifr finally disposes of the reference made under section 15 of the 1985 act. the legislature has advisedly used an omnibus expression 'the like' as it could not have conceived of all possible coercive measures that may be taken ..... , the situation may lead to very unreasonable or unintended state of affairs similar to the one in the present case; the suspension of proceedings specified in section 22 of the act should be confined to matters included in pre-package state of affairs only, (in the sanctioned scheme) and not post-package matters like the instant one .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(2)CHN690
..... to have pursued the remedy before departmental forum, we find little substance in such submission. this writ application does not arise out of an original proceeding under section 19 of the administrative tribunal act but is fact, a writ application was filed when second show-cause notice was issued and a learned single judge of this court directed that if further order ..... , a truck bearing registration no. pum-5303 was seized in connection with bishnupur police station case no. 8 dated 31st october, 1985 under section 399/402 of the indian penal code and section 25/27 of the arms act.(c) on the allegation of theft of four new tyres of the said truck and replacement of those by four worn out ones, a .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(2)CHN721
..... 1999, which, according to the state-respondent, guide the relationship between the parties and those are quoted below:in exercise of the power conferred by section 80gg of the registration act, 1908 (16 of 1908), and in suppression of all previous notifications on the subject, the inspector-general of registration, west bengal, hereby makes the ..... rules, 1979, and holds a licence under these rules:(2) 'form' means a form appended to these rules;(3) 'licensing authority' means the district registration act, 1908 (16 of 1908).3. prohibition of unlicensed persons.--no person who is not a licensed copywriter duly appointed by the licensing authority under these rules shall engage ..... moreover, the job performed by the writ-petitioners cannot be said to be casual one but is definitely a perennial one consistent with the provisions contained in the registration act.17. even in a subsequent case, viz. state of u.p. v. chandra prakash pandey reported in : [2001]2scr506 , the apex court had the .....
Tag this Judgment!Court : Kolkata
Reported in : I(2008)BC207,(2007)3CALLT89(HC),[2008]142CompCas394(Cal),[2007(115)FLR630],(2008)IILLJ511Cal
..... etc. after the date of the sanctioned scheme legitimately belonging to the revenue, cannot be and could not have been intended to be convered within section 22 of the act. the hon'ble supreme court has specifically held that any other construction will be unreasonable and unfair and will lead to a state of affairs enabling ..... retained by the employer.the hon'ble supreme court has held in 'deputy commercial tax officer v. corromondal pharmaceuticals' reported in : [1997]2scr1026 that section 22(1) of the act can apply only to such dues recognised or included in the sanctioned scheme and the amounts which have been collected by the sick industrial company on account ..... committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.(2) notwithstanding anything contained in sub-section (1), where an offence under the act, the scheme or the pension scheme or the insurance scheme has been committed by a company and it is proved that the offence has .....
Tag this Judgment!Court : Kolkata
Reported in : [2008]145CompCas228(Cal)
..... accorded any protection against the corporation in respect thereof.30. the mortgagee has to contend with others of its ilk and the workers' rights recognised by section 529a of the act to fight over the sum of rs. 10 crores or so that the assets of the company have fetched.31. the application is allowed. the official ..... of a subsequent amendment whittle down or restrict the applicability or reach of the whole enactment. therefore, clause (ia) of sub-section (2) of section 3 of the act cannot lead to an inference that the act under consideration can have application to residential buildings alone and not to any other type of building or land or gardens or grounds ..... to file a civil suit for recovery of possession. the corporation, in our opinion, had recovered the possession in accordance with law and more particularly, section 4 of the act. the argument that the petitioner was ousted and that resulted in creation of some rights of the petitioner is clearly baseless and has to be rejected. .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN970
..... government or the affiliating university to discharge the function of the governing body.7. no order imposing any of the penalties specified in sub-section (1) of section 9 of the act shall be made except after an enquiry is held in the manner as provided hereunder:(1) there shall be a disciplinary authority who shall ..... noticed by us, that is the statutory provision, viz., the west bengal college teachers (security of service) act, 1975 and the connected rule which was framed in exercise of the power conferred by section 20 of the said act. rule 7 of the said rule under the heading 'manner of holding disciplinary procedure' it is stipulated that ..... the appellant was not satisfactory practically was also the decision of the complainant dr. swapan kumar das and priyadarshini bhattacharyya who as per natural human mind action acted as catalyst of such decision making process adversely of the appellant. this hit the basic concept of natural justice and more particularly the principles of 'nemo .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN533,2007(2)CTLJ72(Cal)
..... cannot be estoppel as against provision of constitutional law. the legality and validity of the forum selection agreement is indirectly recognized under the provision of section 28 of the contract act. this provision does not envisage, in our view, recognition and acceptance of contracting out of the provision of article 226 of the constitution of ..... moreover, the learned single judge's observation in paragraph 5 that the provision of article 226 can be contracted out under the provision of section 28 of the contract act is not sustainable in law as we have observed that provision of article 226 is a constitutional provision and it cannot be contracted out ..... of the jurisdiction of article 226. taking note of the aforesaid judicial pronouncement the constitution was amended as correctly contended by mr. mukherjee by the 15th amendment act, 1963 incorporating clause (1a) and thereafter this clause (1a) and clause (2) stood consolidated and renumbered as clause (2) by 42nd amendment. it .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN932
..... to sabhapati and other members of the samiti for a requisitioned meeting by one-fifth of the members of the samiti as embodied in the said proviso to section 105 of the act is mandatory and not directory, and as such the impugned notice dated 21.08.2006, said to have been served upon the appellant/petitioner on 25.08. ..... air2003sc511 submitted that service of five days' notice instead of seven days may at best be said to be irregular but not illegal and reading the provision of section 105 of the act and rule 19 of the said rules, period of notice cannot be held to be mandatory, as the object of the notice is merely to inform the ..... fifth edition).13. supreme court, in this case, while following the aforesaid principle of law of interpretation observed in paragraph 6 that provision of sub-section (4) of section 5 of the prevention of corruption act, 1947 must be taken to be mandatory.14. in the moke pramanik's case, their lordships, did not have occasion to consider above supreme court .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2007Cal241
..... be prejudiced but also the interest of other sister concerns of the present petitioner would be affected.13. it is not disputed that in the application under section 19 of the act before the tribunal, the bank did not disclose that the present petitioner was declared a willful defaulter previous to filing of the said application. mr. ..... opposite party i.e. corporation bank filed one application before the said tribunal for recovery of rs. 11 crores and odd under section 19 of the recovery of debts due to banks and financial institutions act, 1993 against the present petitioners and others.ii) the present petitioner filed written statement along with counter claim.iii) while the said ..... not arise as the company took the specific plea of counter claim against the application under section 19 of the act filed by the bank before the debt tribunal. it was the further contention of mr. mitra that by the alleged act of the bank not only the interest of the company has been prejudiced but also the .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN233
..... kerala and anr. reported in : 2006crilj4607 , wherein it was held:applying the said definitions of 'proved' or 'disproved' to the principle behind section 118(a) of the act, the court shall presume a negotiable instrument to be for consideration unless and until after considering the matter before it, it either believes that the consideration ..... for the complainant, and the accused/petitioner as dw. 1 and upon recording of evidence found the petitioner guilty of offence and convicted him under section 138 of the ni act and sentenced him as above.4. the criminal appeal no. 89/2001 before the learned addl. sessions judge, 5th fast track court, calcutta ..... c-1702/1997 by the id. metropolitan magistrate, 11th court, calcutta whereby the learned magistrate found the petitioner/accused guilty of the offence punishable under section 138 of the ni act and convicted him accordingly and sentenced him to pay a fine of rs. 4,000/-, in default, simple imprisonment for two months together with .....
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