Court : Kolkata
Decided on : Jul-22-2008
Reported in : (2008)IVCALLT42(HC),2008(4)CHN640,[2008(118)FLR1176]
..... , volume-ii, calcutta high court notes, page 721 [west bengal registration copywriters' association v. state of west bengal service through the secretary, department of finance, government of west bengal and ors.)8. analysis of the awards on the factual score came through evidence:(i) prior to 1978 the concerned workmen used ..... respondent.(ix) the private respondents were entitled to ventilate their grievance as they were entitled to take the benefit of section 25b and d of the industrial disputes act, 1947.7. in support of his contention mr. chatterjee relied on the following decisions:(i) : (1978)iillj397sc (hussainbhai v. the alath factory teshilali union ..... ) the private respondents were neither temporary workers nor engaged by any contractor. hence, question of their regularisation either under section 10 of the contract labour abolition act, 1970 or otherwise could not arise.5. in support of his contention mr. majumder relied on the following decisions apart from uma devi-3 (supra):(i .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-22-2008
Reported in : AIR2008Cal262
..... .18. he further pointed out that there is no authority in the tender notice which can give a power to the respondent authorities to relax the eligibility criteria. therefore, such act on the part of the authorities are illegal, mala fide and arbitrator. hence, on that ground alone, the selection process is bad and would vitiate.19. on the other hand .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-25-2008
Reported in : (2008)4CALLT360(HC),2008CriLJ4520
..... maharashtra v. hashmukh hara govinda shah reported in 1993 cri lj 1953.23. in the case of harun hazi abdullah v. state of maharashtra reported in : [1968]2scr641 wherein the hon'ble supreme court had occasion to observe that the court should be put on caution while dealing with a statement recorded by the customs ..... dismissed. the impugned judgment of acquittal is hereby affirmed.lower court records with a copy of this judgment to go down forthwith to the learned special judge, under ndps act, 6th court, barasat for information and necessary action.urgent xerox certified copy of this judgment, if applied for, be supplied to the learned counsel for the ..... also the evidence collected thereby is admissible if no serious prejudice is caused to the respondent. the learned counsel also contended that section 42(2) of the ndps act is not applicable where search and seizure is conducted in presence of a gazetted officer. learned counsel further submitted that the accused did not make any complaint .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-28-2008
Reported in : [2010]97SCL236(Cal)
..... that at the present stage of the proceedings the first respondent's demurrer should not, or rather cannot, be examined on merits. mr. sen has relied on security & finance (p.) ltd.'s case (supra) and itc ltd. v. debts recovery appellate tribunals : [1998] 2 scc 70, in support of his contention that an application in ..... consequential reliefs.2. ca no. 604 of 2004 is an application taken out by the official liquidator of this court under section 543 of the companies act, 1956 ('the act') by the judge's summons dated 1-10-2004. he took out the application initiating misfeasance proceedings against all the seven respondents named in the judge ..... under section 543 must contain particulars of specific allegation against each of the respondents who are to be specifically identified and named to the extent of their respective acts of misfeasance or breach of trust making them liable to compensate the company-in-liquidation. as the apex court has said the proceedings, quasi-criminal in nature .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-29-2008
Reported in : (2008)IVCALLT38(HC)
..... the principle of natural justice. we, therefore, hold, neither punishment has been imposed nor the applicant has been held guilty with due process of law, as required under disciplinary rules, 1968. it is clear that order of removal has been passed; namely, right of livelihood has been taken away without due process of law and thereby the order of removal for ..... the passenger train no. 18 nb and 17 nb from bandel to naihati and back. on or about 25th november 1998, he was charge sheeted under the disciplinary appeal rules 1968 on the allegation of misconduct; summary of which is stated hereunder:on 13th november 1998, while he was booked to discharge his duty as guard to board the passenger train .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-01-2008
Reported in : (2008)IVCALLT68(HC),2008(4)CHN324
..... , made oral gifts of the properties mentioned in the written statements in his favour, which were accepted by abdul chik, his grandfather. it appears that original appellant, in the year 1968, while giving evidence said that he was aged 63 years. therefore, he was born in the year 1905. he stated that he lost his mother at the age of one ..... the year 1932 and both the two ladies predeceased him.14. sk. munna, the d.w.-2, the only witness of the oral gift, while giving evidence in the year 1968 stated that both the ladies once in the presence of several persons including him declared that they simultaneously, one after the other made the gift and such incident occurred about ..... was in occupation of one of the houses as monthly tenant deposited the rent in the court of the house controller according to the provision of bihar house rent control act and caused notices to be served upon the defendant no. 1 and the plaintiff nos. 1 to 4 and 9. in that court, the defendant no. 1 and the plaintiff .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-06-2008
Reported in : 2008(4)CHN727
..... provisions) act, 1985 (1 of 1986) and the small industries development bank of ..... effect. however, sub-section (2) further provides that the act of 1993 shall be in addition to, and not in derogation of. the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), the sick industrial companies (special .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-13-2008
Reported in : (2008)IVCALLT271(HC)
..... the apex court categorically held that it is within the right of the financier to seize and re-possess a vehicle which was purchased by the hirer at the finance provided by the financier, if the instalment amounts are not paid within the stipulated time more particularly when the hire purchase agreement contain a specific default clause permitting the ..... september, 2007.7. the petitioner company duly appeared in the said title suit and moved an application under sections 5 and 8 of the arbitration and conciliation act, 1996 praying for stay of the said suit and referring the same for arbitration. subsequently, in terms of the provisions of section 10 of the city civil court ..... act the aforesaid suit was transferred to the learned civil judge, 8th bench, city civil court, calcutta, pursuant to an order passed on march 18, 2008 by the learned .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-13-2008
Reported in : (2008)IVCALLT92(HC)
..... without any remedy and is legally entitled to take recourse to the interim remedy available in terms of the provisions of section 9 of the arbitration and conciliation act, 1996 which among other, provides for an interim measure of protection, before or during arbitral proceeding or after the making of arbitral award for the detention or ..... the award is likely to be frustrated in that case the decree holder is always entitled to move the necessary application under section 9 of the arbitration and conciliation act, 1996 for protection of the subject matter. but, in the instant case, without availing the remedies the complainant i.e. the decree holder straightway approach the ..... the vehicle has been aimed to give the case a criminal flavour and for avoiding the execution proceedings as envisaged under section 36 of the arbitration and conciliation act, 1996.(f) there is no iota of materials to show that the petitioners are attempting to dispose of the vehicle for their wrongful gain.(g) as per .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-13-2008
Reported in : (2008)4CALLT341(HC)
..... reported case has been stated in paragraph 7 of the said reported case wherefrom it appears that the government had decided to set up a corporation wholly financed by the government for establishing a chain of stores throughout the state for supply of essential commodities to the state government employees at normal rates. the composition ..... the requirement of article 14 of the constitution of india. the hon'ble supreme court was pleased to further observe that if such instrumentality of the state acts in contravention of the requirement of article 14, then the writ court can issue suitable directions to set right the arbitrary actions of such instrumentality of the ..... has not prayed for reinstatement. it may be recorded here that the learned counsel for the petitioner ultimately did not press the petitioner's case under the said act of 1995. the respondent authorities have stated in their affidavit-in-opposition, with regard to the constitution of the board of the respondent no. 1, that .....
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