Court : Kolkata
Decided on : Nov-07-2003
Reported in : 2004(1)CHN685
..... cr. p. c. continues unless parties make adjustments and come to terms regarding the quantum or the right to maintenance.9. alimony pendente lite under section 24 of the h.m. act may not remain in existence after the disposal of the matrimonial suit and the wife have to seek remedy for permanent alimony in a different proceedings. scope ..... the husband. the reasons are (1) the direction by the civil court is not a final determination under the hindu adoptions and maintenance act but an order pendente lite under section 24 of hindu marriage act and (2) the amount does not include the claim for maintenance of the children although the order does advert to the fact that the ..... for judicial separation. the o.p. no. 1 entering appearance in the mat suit filed an application under section 24 of the h.m. act claiming alimony pendents lite. after exchange of affidavits the proceeding under section 24 of h.m. act application was in progress and evidence of the wife was completed on 24.7.2003. on 8.8.2003 .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-06-2003
Reported in : 2004(1)CHN536
..... from the petition filed by the husband that he has prayed for dissolution of marriage on two fold grounds, namely, cruelty and desertion as provided under section 13(1)(ia) and (ib) of the hindu marriage act. so far the allegation of cruelty is concerned in the petition, the husband has alleged that soon after his transfer to tribeni in the district ..... arguments canvassed by the learned counsel for the parties, the specific provision of the hindu marriage act which is involved here should be noted for appreciating such arguments. it reads as follows :--'section 13. divorce.--(1) any marriage solemnized, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-05-2003
Reported in : 2004(1)CHN271
..... the relationship between the superior landlord and the tenant had ceased. according to him, by reason of the definition of 'tenant' under section 2(g) of the 1997 act [section 2(b) of the 1956 act] the tenancy continues between the landlord and the tenant despite termination of tenancy if the tenant continues in occupation until the decree of ..... superior landlord and the tenant had ceased and, therefore, it does not appear that there was a valid notice under sub-section (2) to section 26. section 26(3) of the aforesaid act would apply only in a case where section 26(2) is available.5.2. admittedly, in the present case, the relation between the landlord and tenant was ..... conclusion :7. in the present case, as discussed above, the relationship having ceased, there is no scope for giving any notice either under section 16 of the 1956 act or under section 26 of the 1997 act, as the case may be.order:8. in the circumstances, we do not find any infirmity in the order appealed against. the appeal, .....
Tag this Judgment!Court : Kolkata
Decided on : Oct-13-2003
Reported in : 2004CriLJ1594
..... place of the meeting and subject to considerations of public order. therefore, we are unable to hold that the impugned rules are ultra vires section 33(1) of the bombay police act insofar as they require prior permission for holding meetings.'17. justice mathew, in a concurring opinion based on different reasons, after copiously quoting ..... his benefit and/or advantage and that there has been a violation of that order. the concept of civil contempt under the statutory definition of section 2(b) of contempt of courts act, 1971, is clear that in order to constitute civil contempt, there must be wilful violation of a court's order or direction or ..... unmindful about the source of power of the court given under the constitution particularly under article 215 of the constitution of india and section 14 of the contempt of courts act read with various sections, rules and appendix. however the constitutional authorities have inherent power to uphold the dignity and majesty of the court of law. the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Oct-07-2003
Reported in : (2004)87TTJ(Kol.)1114
..... it was also categorically mentioned that the assessing officer was wrong in holding that even on merit the silver utensils were personal effects and in view of section 2(14) of the act, no capital loss or gain could be claimed in respect of personal effects and as such the loss claimed was wrongly disallowed.the learned distinguished counsel ..... duress and coercion. we have further noticed that the assessing officer has not referred to the subsequent statement of shri r.k. kothari recorded by him under section 131 of the act which will conclusively prove that he did see and weigh the entire silver utensils. we have further noticed that the assessing officer mentioned in the order of ..... the statement of shri sharma was once again recorded on 15-2-2001 (pp. 96 to 101 of the paper book) by the assessing officer under section 131 of the act and in this statement shri sharma has confirmed that he has transported silver utensils for the assessee's family and that the earlier statement dt. 21-1- .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-30-2003
Reported in : AIR2004Cal227
..... orc) undertake trading in electricity,unless he is authorised to do so by a license issued under section 14, or is exempt under section 13.44. section 14 of the act of 2003 provides that the appropriate commission will grant license for transmission of electricity and to distribute electricity. this, is the ..... v. bihar state electricity board and another, reported in : [1995]1scr847 wherein the supreme court categorically has held that in terms of section 24 of indian electricity act that the liability of the consumer cannot be thrust upon a third party.the law was stated thus :--'from the above it is clear, ..... or permission as will appear from any dictionary of english language. to avoid prolixity, i refrain from extracting the dictionary meaning of the aforesaid words.43. section 12 of the act of 2003 reads as follows :'12. authorised persons to transmit supply, etc., electricity.-- no person shall --a) transmit electricity; orb) distribute electricity; .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-26-2003
Reported in : AIR2004Cal36,I(2005)DMC607
..... maganbhai chhotubhai patel v. maniben). in this judgment the hon'ble single judge of gujarat high court when interpreting the provisions of section 106 of the evidence act observed in the context of that case : 'the fact regarding the income of the defendant and the income of the property in possession ..... kr. kejriwal v. usha vinod kejriwal). in this judgment one learned single judge of bombay high court observed that the expression proceedings under act as provided in section 24 of hindu marriage act cannot be given narrow and restricted meaning. the learned counsel for the appellant thereafter relied on a decision, reported in : air1985guj187 ( ..... (smt. kanchan v. kamalendu). in this judgment the hon'ble single bench of bombay high court observed : 'taking into consideration the scheme of section 24 of the act either of the spouse in the proceedings on satisfying that they have no independent source of income to support them and claim maintenance pendente lite. husband .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-24-2003
Reported in : 2004(1)CHN417
..... is guilty of murdering his wife.29. the above discussion made by us from evidence and circumstances establishes beyond all reasonable doubt that the appellant is guilty under section 302 of i.p.c. for murdering his wife. a careful appraisal of evidence and circumstances lead us to no other conclusion but to confirm the conviction and ..... person had access into the bedroom of the appellant. the appellant was to explain how his wife was murdered. the contradictory statement of accused in his examination under section 313 cr. p. c. goes against him. in response to question no. 28 this appellant stated that he was gossiping at night sitting on the village path ..... by any other witness and no other witness stated that there was altercation between this appellant and deceased regarding refusal of sexual intercourse.4. he further contended that examination under section 313 of the code of criminal procedure (hereinafter called cr. p. c.) was not proper as question nos. 9, 10, 14, 15 were not stated by .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-23-2003
Reported in : 2004(1)CHN592
..... first place, he may be induced fraudulently or dishonestly to deliver any property to any person. the second class of acts set forth in the section is the doing or omitting to do anything which the person deceived would not do or omit to do if he ..... is the proprietor of m/s. narayan engineering construction. it has been alleged by the petitioner that the above complaint case under section 420 of the indian penal code was filed before the court of the ld. chief judicial magistrate at howrah alleging therein that the ..... , it has further been contended by shri mukherjee that from the reading of section 420 of i.p.c. it is quite manifest that in the definition there are two separate classes of acts set forth which the person deceived may be induced to do. in the ..... were not so deceived. in the first class of cases, the inducing must be fraudulent or dishonest. in the second class of acts, .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-18-2003
Reported in : 2003(3)ARBLR621(Cal),2004(2)CHN248
..... the arbitration proceedings and ultimately passed his award. the said award was challenged before this court by smt. dhar under section 34 of the aforesaid act.7. while considering the objection taken on behalf of the respondent that the learned arbitrator did not have jurisdiction to enter upon the ..... the respondent herein must be deemed to have acquiesced in the appointment and waived her right to raise the question relating to jurisdiction under section 16 of the aforesaid act. the learned arbitrator was also of the view that the respondent stood estopped by her conduct and thereafter the learned arbitrator proceeded with ..... agreement did not contain such clause.4. disputes having arisen between the parties, the appellant herein filed an application in this court under section 11 of the arbitration and conciliation act, 1996, praying for appointment of an arbitrator for adjudicating his claim against smt. arati dhar. the said application was at the first .....
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