Court : Kolkata
Decided on : Jun-30-2006
Reported in : 2006(3)CHN584
..... from the record that the defendant agreed to accept the machinery on the basis of payment of rent. the machineries are embodied to earth and according to section 3 of the transfer of property act, the subject-matter of tenancy in such a situation must be held to be that of immovable property. by the self-same agreement, the defendants were ..... a trespasser so long his tenancy was continuing.15. once the tenancy is held to be in respect of immovable property, a notice in terms of section 106 of the transfer of property act is required and it appears that the plaintiff had given six months time to vacate and suit was filed after the expiry of six months as the ..... tenancy was given for manufacturing purpose. the mention of section 13(6) of the west bengal premises tenancy act in the said notice was superfluous. even if we accept for the sake of argument that there being structure over the property, the tenancy was .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-2006
Reported in : AIR2006Cal249,2007(1)CHN503,I(2007)DMC566
..... that the marriage has irretrievably broken down by itself cannot enable a court to pass a decree for divorce unless any of the various grounds mentioned in section 27 of the special marriage act is established from the materials on record.11. we, however, also find substance in the contention of mr. mukherjee, the learned counsel appearing on behalf ..... suit no. 12 of 1993 thereby passing a decree for divorce on the ground of cruelty.2. the husband filed an application for divorce under section 27(i)(d) of the special marriage act thereby praying for divorce on the sole ground of cruelty and the case made out by the respondent may be precised thus:(a) the parties ..... before the employer, in our view, such fact cannot amount to cruelty. if we accept the contention of mr. mukherjee, the learned advocate for the respondent that such act amounts to cruelty, then even if the wife on a just cause goes to court alleging non-payment of maintenance and gets an order of attachment of salary directing .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-2006
Reported in : 2007(1)CHN458
..... pending before him on such commencement in accordance with the provisions of this act. sub-section (2) of section 26a of the act of 1988, incorporated by the west bengal amendment act of 1994, conferred validity on the actions of special courts appointed even after the act of 1988 came into effect specifically stipulating therein that the jurisdiction is not ..... tune of rs. 2,00,000/- and corresponding gain to themselves, r.c. 24(a)/1989-cal under section 120b/420/467/468/471 ipc/13(1)(d) read with section 13(2) of the prevention of corruption act, 1988 was registered on 16.05.89 against the o.p. joydeb dasgupta and other unknown persons, and after ..... or taken under or in pursuance of the corresponding provisions of 1988 act. section 26 of the 1988 act which deals with 'special judges appointed under act 46 of 1952 to be special judges appointed under this act' provides that every special judge appointed under the criminal law amendment act, 1952 in any area or areas and is holding office on .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-27-2006
Reported in : 2006(3)CHN669
..... the concerned universities to the students of such institutes after the examination, would be simply invalid in terms of the statutory provisions, more particularly, under section 16 of the ncte act. the petitioners have pointed out that the calcutta university had granted affiliation to 11 colleges which was not recognized by the ncte, the vidyasagar university also ..... parents who have spent thousands of rupees. the universities also admitted that those colleges, which were already in existence, had also failed to comply with section 14 of the act of applying to the ncte for the recognition within a particular time-frame and get the recognition.12.3. it also comes out that the universities ..... if they now pass the examination their certificates would be of no avail and cannot be treated to be a valid certificate in terms of section 17(4) of the ncte act because if there is no power to award the certificate and even such certificates are awarded they would be non est. the parents of these .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-19-2006
Reported in : 2006(4)CHN100
..... no. 255 dated 14th september, 1994 at 1.45 p.m. i.e. 13.45 hours under sections 148, 149, 326, 307/34 of ipc read with sections 25 and 27 of the arms act and section 9(b) of i.e. act. p.w. 19 made arrangement for sending the victim to s.s.k.m hospital, examined witnesses, ..... there was failure of justice which caused serious prejudice to the appellant. mr. basu, therefore, submitted in the circumstances, conviction of the appellant only under section 302 of cr. pc without framing any specific charge against him is not permissible under the law and accordingly the order of conviction passed against the appellant is not ..... persons were acquitted of the charges and no appeal has been preferred by the government against the order of acquittal. therefore, conviction of the present appellant only under section 302 of ipc without framing any specific charge against him, deprived him of availing an opportunity to cross-examine the prosecution witnesses concerning the offence and, therefore, .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-19-2006
Reported in : 2007(1)SLJ408(NULL)
..... by the government press makes it clear that the premises where such activity is carried on clearly comes within the meaning of factory as defined in section 2(m) of the said act. furthermore, it could not be seriously disputed on behalf of the petitioner, that he has received benefits of over time allowances and others at ..... any premises within the meaning of the definition of factory apart from what is included within the said definition given in section 2(m), of the said act. for the sake of convenience the section 2(m) of the said act is set out hereunder:(m) 'factory' means any premises including the precincts thereof:(i) whereon ten or more workers ..... been issued to declare the government press as a factory and in support thereof section 85 of the factories act has been relied upon. for the sake of convenience section 85 of the factories act, 1948 is set out hereunder:85. power to apply the act to certain premises.--(1) the state government may, by notification in the official gazette .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-13-2006
Reported in : (2007)1CALLT253(HC)
..... that after being satisfied with the performance of the petitioner as branch manager of the bank at bhowanipore branch; deputy general manager by his letter no. wbz/dgm/sec/155/90, dated 8.12.90 highly praised the petitioner, inter alia, to the effect:the affairs of bhowanipore branch were in shambles. shri paul after taking ..... regulations (in short the regulations) do constitute a criminal offence in the first place. therefore, when charge or charges are framed against an employee for commission of act or acts in violation of the provisions of regulation 3 of the said regulations there is no obligation on the part of the disciplinary authority to prove the 'mens rea' ..... at the time of commision of the alleged offence under the said regulation has also to be proved. normally these words, mala fide intention, ulterior motive or deliberate act or acts suggest or point to the 'guilty mind' of the person concerned who is charged with any criminal offence, in other words, if it is said that 'a' .....
Tag this Judgment!Court : Kolkata
Decided on : May-18-2006
Reported in : 2007(3)CHN799
..... or produced in india does not appear to be correct inasmuch as the said conclusion is based on the premise that section 12 of the customs act, and not section 3(1) of the tariff act, is the charging section. the hon'ble supreme court further held as follows:.as we have already observed on a correct interpretation of the relevant ..... court in hyderabad industries ltd. and anr. v. union of india and ors. (supra) held that the additional duty was a customs duty, section 12 of the customs act being the charging section, which was leviable on the import of goods into india and it had no nexus with the nature and quality of goods so imported. another reason ..... said order on the ground that the hon'ble first court failed to appreciate that the appellant is exempted from making payment of basic customs duty under section 12 of the customs act, 1962 in view of the free trade agreement entered into by and between india and sri lanka executed on december 28, 1998 read together with notification .....
Tag this Judgment!Court : Kolkata
Decided on : May-15-2006
Reported in : 2007[2]STR315
..... any particular form, it can be in any form. no specific phraseology or language is required to take such a plea. the language in section 16(c) of the specific relief act, 1963 does not require any specific phraseology but only that the plaintiff must aver that he has performed or has always been and is willing ..... hind construction air 1965 sc 917 (supra). in that case this court was considering the jurisdiction and power of the industrial court during the time when section 11-a of the industrial disputes act, 1947 was not on the statute book. considering the nature, of the punishment imposed on the workmen, who had gone on strike, because they ..... the book of maharashtra legislature. parliament introduced the concept of unfair labour practices by inserting chapter v-c by act no. 46 of 1982 w.e.f. 21st august, 1984. sections 25-t and 25-u of the industrial disputes act deal with 'prohibition of unfair labour practice' and 'penalty for committing unfair labour practices' respectively. the term .....
Tag this Judgment!Court : Kolkata
Decided on : May-12-2006
Reported in : (2006)3CALLT50(HC),2006(4)CHN136
..... connection with the said proceeding. mr. ghosh contended that in connection with the demolition proceeding, the corporation is required to serve a notice under section 400 of the said act and a copy of the precis prepared in connection therewith upon the person responsible.39. mr. ghosh pointed out that those two documents were served ..... no, 1 by the municipal authorities vide their letter dated 26th december, 2005.7. the petitioner no. 1 replied to the said notice under section 400 of the said act by his letter dated 2nd january, 2006 whereby the allegation regarding illegal construction at the said premises was denied by the petitioners. the petitioners invited ..... property for marriage function, parties, kirtans and other social gatherings on payment of huge amounts.4. on receipt of the said complaint, notice under section 400 of the said act was served upon the complainants, viz., the respondent nos. 11 to 17 herein whereby the complainants were called upon to demolish a number of single .....
Tag this Judgment!