Court : Kolkata
Decided on : Nov-21-2003
Reported in : 2004(1)CHN10
..... to by the governor and was published for general information on 14.08.2003. the learned counsel also submitted that in view of the said amendment, sub-section (1) of section 14q of the said act has been deleted and, as such, the main basis of the petitioner's case is no longer existing today. therefore, this court cannot pass any order ..... day of kartik, 1410 b.s. corresponding to 19th day of october, 2003 as the date with effect from which all the provisions of the said act excepting clause (ca) of sub-section (2) of section 6 shall come into force.by order of the governor,prasadranjan ray,secy. to the govt. of west bengal.'21. as a result of the said ..... that the said area was beyond the ceiling limit of the said society. against the said order of vesting, an appeal was preferred by the said society under section 54 of the said act. the appellate authority, in the said appeal (appeal case no. 25 of 2000), substantially upheld the order of the revenue officer and dismissed the said appeal. .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-20-2003
Reported in : 2004(2)CHN26
..... two review applications filed by the husband two separate petitions being c.a.n. 2379 and c.a.n. 2380 both of 2003 have been filed respectively under section 5 of the limitation act.c. a. n. 2379 of 2003 & c. a. n. 2380 of 20033. i shall first take up the applications for limitation. the ground taken in both the ..... restitution of conjugal rights. i have verified the plaint of the suit being mat no. 17/96 and it appears that the said suit was actually under section 9 of the hindu marriage act for restitution of conjugal rights. accordingly, it is required that the part of the sentence appearing there to the effect that the declaration in mat no. 17/ ..... terms of the order dated 19.12.02 shall remain unaffected.14. mr. mukherjee has also pointed out to me that in terms of the provisions of section 21b of the hindu marriage act the court is to dispose of the matter within the time limit stipulated therein and the said provision is applicable both to appeal and the petition under order .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-19-2003
Reported in : AIR2004Cal142,2004(2)ARBLR353(Cal)
..... holder of a foreign award is quite entitled to file an application under them for enforcing the foreign award. he contends that an application under section 48 read with section 49 of the act is to be treated as a combined application for enforcement of the award and execution thereof. by referring to the supreme court decision given in ..... the person against whom such an award has been given makes an application for nullifying such an award. he also contends that in view of sub-section (3) of section 48 of the act the award holder may, however, apply to the appropriate court seeking furnishing of security by the person against whom the award has gone, if such ..... circumstances, on january 22nd, 2002 the award holder, i.e. the petitioner in e. o. s. no. 11 of 2003, filed an application under section 48 read with section 49 of the act. this application filed in the court of the district judge at alipore, south 24-parganas, was registered as arbitration execution case no. 1 of 2002. on .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Decided on : Nov-18-2003
Reported in : (2004)(3)SLJ382CAT
..... be his appellate authority we do not consider that any prejudice has been caused to the applicant if joint director, n.e. region had acted as his appellate authority.25. lastly the applicant has also raised a question whether the punishment imposed upon him was based on no evidence. ..... need not discuss this point. moreover, the disciplinary authority in this case is not the complainant and hence there is no bar in his acting as disciplinary authority.24. the applicant has also raised a question whether the joint director, cbi, n.e. region was to his appellate ..... cbi/acb/calcutta and till that time, not to file or sign unacceptable attendance in the office of sp/cbi/scb/ calcutta and thus committed acts unbecoming of a govt. servant. he has thereby contravened rule 3(1) (iii) of central civil services (conduct) rules, 1964." according to ..... 1. in this application filed under section 19 of the a.t. act the applicant has challenged the charge sheet dated 28.2.90 issued by the respondent no. 6, the .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-17-2003
Reported in : (2004)1CALLT565(HC),[2004(102)FLR33]
..... cisf rules, the commandant is the disciplinary authority of the petitioner and is competent to pass final order in disciplinary proceedings. as per section 2(i) of the cisf act the commandant is the supervisory officer. section 4 of the act is also speaking for the same. rule 3a(iii) of the cisf rules 1969 says about composition of force i.e. the rank ..... justice. the judicial review is not akin to adjudication of cases on merits as an appellate authority under article 226 of the constitution of india. the high court does not act as an appellate authority but exercise within the limits of judicial review to correct errors of law or procedure leading to manifest justice. to support such contentions he cited : ( ..... is as follows:shri s.n. tiwari c.i.s.f. no. 7725104 while functioning as hsg/ dvr. in cisf unit hfcl haldia division (w.b.) was committed an act of gross negligence of duties on 23.1.82 in that he left his duty unauthorisedly in 'b' shift (i.e. from 14.00 hrs. to 22.00 hrs.) leaving .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-14-2003
Reported in : 2004(2)CHN46
..... date of admission in case of academic session 2003-04 by extending the same to 30th november, 2003 so that the ministry can convey its approval under section 33of the act for incorporation of the time schedule in graduate medical education regulation, 1997 so as to ensure its strict compliance from academic session 2004-05 onwards. in ..... , 2003. i, thus, find no force in the aforesaid contention of the petitioners and i hold that the petitioners cannot be given the benefit of section 10a(5) of the act.19. the next question is whether in these writ applications this court can pass a direction restraining the mci from raising 'untenable', 'unreasonable' or 'unlawful ..... selected by virtue of a joint entrance examination, such fact cannot confer any legal right upon them to be added in proceedings where an applicant under section 10a of the act has prayed for the reliefs as claimed in these applications. so long permission is not granted in favour of the writ petitioners, those applicants cannot .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-14-2003
Reported in : (2004)1CALLT437(HC)
..... about the acquisition by the government in so far as his tenanted portion is concerned, he disputed that title of the landlord. therefore, provision of section 116 of the evidence act cannot be said to be applicable here. if the land is acquired the landlord will get compensation and the tenant also cannot object to such acquisition. ..... on proper appreciation of the evidence in its proper legal perspective.11. firstly, let us see in so far as estoppel of tenant as provided under section 116 of the evidence act is concerned and the said provision is quoted therein below:-'116. no tenant of immovable property or person claiming through such tenant, shall, during the ..... clj 124. according to the learned counsel for the appellant, the tenant is estopped from challenging the interest of the inducting landlord in terms of section 116 of the evidence act and if the tenant is estopped from challenging the title of the landlord who has inducted the tenant then the question of vesting and repayment of .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-13-2003
Reported in : 2004(2)CHN493
..... only in cases where the contract is a valid and enforceable in law. if a contract becomes void, the same becomes unenforceable. by reason of section 7(2) of the 1981 act, promulgated during the pendency of the suit, the agreement or the contract for sale, specific performance whereof was asked for in the suit, have become ..... the structure is not a transfer of the interest in thika tenancy. therefore, it would not attract the mischief of sections 6 and 7 of the 1981 act. having regard to the definition in section 2(a) of 1981 act defining 'thika tenant', mr. roy choudhury contended that the mischief would have been attracted only in cases where the ..... thika tenancy, transfer whereof is prohibited by reason of sub-section (3) of section 6 after the promulgation of the 1981 act, and any such transfer or agreement for transfer prohibited under sub-section (3) of section 6 would become void by reason of section 7 sub-section (2) of the 1981 act.7. specific performance of a contract can be granted .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-13-2003
Reported in : 2004(1)CHN571
..... of ward, kolhapur and anr. v. g.n. ghorpade and ors., : air1973sc627 . therefore, the learned single judge, was right in drawing inference on the principles of section 114 of the evidence act from facts remaining unchallenged, as was held in r. puthunainar alhithan v. p.h. pandian and ors., : [1996]3scr932 ; karnal singh uttam singh v. state of ..... width of article 30 cannot be cut down by introducing in it considerations on which article 29 is based. article 29 is a general protection given to any section of citizens having a distinct language, script and culture of their own to conserve the same. whereas article 30 gives a special right to minorities to establish ..... not seem to be in dispute.2.1. a society, namely, siliguri hindi high school was set up in 1981 and was registered under the societies registration act. until 1979 the management of the school was never interfered with. on 26th august, 1961 the managing committee was reconstituted strictly according to the revised school code. .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-12-2003
Reported in : III(2004)ACC15,2005ACJ1622,2004(2)CHN370
..... j.1. the short question that arises in this case as argued by mr. banik is that whether the expression 'legal representative' appearing in section 166 of the motor vehicles act, 1988 (mv act) includes married daughters in order to enable her to get compensation on account of death of her father irrespective of the question whether the daughter was ..... is also found that victim was not living with the daughter. therefore, the daughter also cannot claim compensation for loss of association.12. so far as section 140 of the mv act is concerned, the rigour of proof of liability may be exempted but it is not free from the question of determining the entitlement and dependency. the ..... the basis of the right to get the compensation. we may accept the said proposition for the purpose of interpreting the expression 'legal representative' used in section 166 of the mv act, so far as it gives right to a person to apply for compensation, but this decision does not help mr. banik with regard to question of .....
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