Court : Kolkata
Decided on : Feb-13-2006
Reported in : 2006(2)CHN235
..... down cannot enable a party to the marriage to get a decree for divorce unless such party can prove the existence of any of the grounds mentioned in section 13 of the hindu marriage act. according to mr. basu, the husband cannot take advantage of his own wrong as he himself was responsible for the situation. he, therefore, prayed for ..... after going through the present position of law we are convinced that unless the husband is able to prove existence of any of the grounds mentioned in section 13 of the hindu marriage act, he cannot be favoured with a decree for divorce merely because it appears from the materials on record that the marriage between the parties has once ..... . dasgupta.33. in the case of parveen mehta v. inderjit mehta reported in : air2002sc2582 , the apex court held that the cruelty for the purpose of section 13(1)(ia) of the act is to be taken as a behaviour by one spouse towards the other, which causes reasonable apprehension in the mind of the latter that it would not be .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-13-2006
Reported in : [2007]139CompCas73(Cal),[2008]88SCL188(Cal)
..... bank of india has appointed the executor to discharge its duty and to fulfil the desire of the testator. it is not the trust, which is contemplated under section 153 of the said act. moreover, there is no embargo to effect transmission in the name of state bank of india, not in the name of the trust estate. besides, under ..... the provision of sections 212, 213 and 214 of the indian succession act the estate of the testator vests unto the executor and the qualification thereon can be any private individual, corporation or body corporate. so, in ..... from other provisions of the law the state bank of india has got a duty to perform under the indian succession act, 1925, as legally the entire shareholding has been vested in it under section 211 of the indian succession act since the probate has been granted. in this respect also respondent no. 1, has the right and the locus standi .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-10-2006
Reported in : 2006(2)CHN13,[2006(110)FLR136],(2006)IIILLJ84Cal
..... the authority and/or jurisdiction of the state government to refer such a dispute for adjudication to the tribunal.7. according to mr. mitra, under section 10 of the said act, the state government can refer a dispute for adjudication to various forums as prescribed under the statute only when the state government forms an opinion that ..... a writ petition under article 226 of the constitution of india should not be entertained against an order of the appropriate government making a reference under section 10 of the act, as the parties would get opportunity to lead evidence before the labour court or industrial tribunal and to show that the claim made is either unfounded ..... employment or with the conditions of labour of any person due to such shifting, then the appropriate government will be free to make a reference under section 10 of the said act.re: challenge with regard to the impugned order contained in annexure 'p-18' to this writ petition.53. since the order of reference cannot be .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Feb-10-2006
Reported in : (2006)101TTJ(Kol.)829
..... action of ao in first apportioning the payment towards principal amount and thereafter adding the entire balance principal amount and the outstanding interest amount under section 41(1) of the act was not justified, keeping in view of the fact that the assessee has rightly offered the unpaid outstanding interest for taxation by crediting the same ..... was first to be apportioned against the principal amount, and, therefore, the balance outstanding principal amount along with interest thereon was to be taxed under section 41 (1) of the act.18. we have also considered the fact that the ao and learned cit(a) while holding that payment first to be apportioned against the outstanding ..... assessee to the lender m/s ngl should first be apportioned against the outstanding principal and balance principal amount together with interest should be added under section 41(1) of the act and has, therefore, confirmed the addition of rs. 5.20 crores in the hands of the assessee. the assessee on the other hand has .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-08-2006
Reported in : (2006)3CALLT277(HC)
..... relates to formulation of the schemes for ensuring employment of persons with disabilities. the present dispute is not a dispute within the meaning of section 3b of the said act.35. the learned counsel submitted that the circular dated 29/07/ 1990 shall prevail over the general law contained in circular dated 01/ 11/1999.36. ..... that the submissions made on behalf of respondent no. 9 regarding the applicability of the provisions of section 72 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 {hereinaller termed as the said act') or the concession of ten years age in favour of handicapped persons in recruitment to posts cannot ..... /11/1999 or 21/01/2003.30. the learned counsel then relied on the provisions of section 72 of the said act and the learned counsel laid stress on the definition of persons with disability as given in the said act and he submitted that a person with disability means a person suffering from not less than 40 .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-08-2006
Reported in : 2006(2)CHN221
..... right from its beginning. the witness testified that on being chased by the accused persons, they started fleeing out of fear. while they were doing so, they heard the explosion of bomb. the witness found lalu dealer, salim dafadar, sukchand, motor, robu, serun, tintu, rausan, ibrahim, abu siddiki, mantu, harai and many others assaulting abdul ..... allegations the appellant lalu delaer. there being some doubt as to who actually participated in the commission of crime, the conviction and sentence of the appellant under sections 148 and 302/149 were unwarranted, as argued by mr. mukherjee.13. mr. kazi safiullah, the learned public prosecutor, has strongly defended the conviction and ..... with 'lathi', 'pathtangi', and 'ballam'. since they actively participated in the commission of crime, all of them should be rightly pulled up for doing an illegal act to fulfil their common object. mr. safiullah in this connection has referred to the case of sunil kumar and anr. v. state of rajasthan, reported in .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-07-2006
Reported in : 2006(4)CHN12
..... , and (2) to admit to the examinations are distinct and operate in different spheres. now, if it is the council's power under section 21(2)(k) of the act to grant permission, then in our opinion, the learned single judge had the power to grant interim relief/final relief as the learned single judge ..... the students to the examination. the subject of higher secondary education is controlled by the act called west bengal council of higher secondary education act, 1975 w.b. act 8 of 1975 (hereinafter referred to as act). section 21(3) of the act empowers the state government to frame regulations on various subjects mentioned in regulation 2. the ..... 'no candidate...will be admitted to the examination.... for this purpose it will be interesting to see some of the provisions of the act from which the examination regulations emanate. the council is a product of the act via section 3, section 21(2) provides:21. functions of the council.-(1) * * * * * * * * * * * *(2) subject to any general .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-06-2006
Reported in : 2008(1)CHN807
..... of their lordships there was no civil suit respecting the appointment, and it would be impossible to bring an order made by the district judge pursuant to section 10, pagoda act, within the definition of a decree as contained in the code, and no other general law has been suggested.27. their lordships also held that no ..... of the trust exists and remains valid until the last surviving employees receive its benefit out of the trust fund. he further contended that under section 56 of the trusts act beneficiaries are entitled to have the benefit in accordance with the intention of the author of the trust since the trust has been executed for the ..... asked for opinion, advice or direction in the matter or administration of the resultant trust which is submitted is a question that can be decided under section 34 of the said act. the advice and/or direction sought are in relation to the management and administration of the trust property. while giving an opinion regarding management and .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-30-2006
Reported in : 2006(2)CHN210
..... that the weapon of offence (mat. ext.xl) has been used for the commission of the murder of tarak jaiswara by the present appellant. the recovery, made under section 27 of the evidence act, by p.w. 19, supriya kumar pal from the house of p.w. 9, mongala prosad lala (sadhu) can easily be taken in evidence and very much goes ..... sine qua non which has to be decided in the fact situation of each case for deciding whether drunkenness can come as a rescue to bring the act of the offender within the purview of section 86 of the ipc.25. intention in the backdrop of the present case would have to be understood in the light of the ocular evidence of ..... bore any particular grudge against the said deceased tarak nor he had any intention. it is only under the spell of intoxication the act was committed.9. as a part of his submission learned amicus read out from section 86 of the ipc and has asked us to look into the decisions of the supreme court in mukesh v. state of madhya .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-27-2006
Reported in : 2006(3)CHN101
..... three months of her marriage. all the ingredients having been established, there would be natural presumption under section 113b of the evidence act as to the appellant causing dowry death of his wife. the convictions under sections 498a and 304b ipc were, thus, rightly awarded by the trial court.12. now comes the vital ..... question of infliction of sentence. the appellant was sentenced to rigorous imprisonment for life and fine of rs. 1.000/- for commission of offence under section ..... submitted that in view of a young housewife being strangulated within three months of her marriage following sustained demand of dowry, extreme punishment as provided in the section should be awarded. the imprisonment of life, it is contended, is commensurate with the misdeed the appellant had perpetrated.14. the unnatural death of a .....
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