Court : Kolkata
..... laboured under a misapprehension as to the efficacy of the document dated september 1, 2004. it is evident that, quite advisedly, the plaintiff issued a notice under section 106 of the said act on september 3, 2013, a few days after the month of august, 2013 had run out. the best arguable case of the defendant would not entitle the ..... under the rent control law applicable in this state since the monthly rent is above the rent control threshold. upon a tenancy at will being terminated under section 106 of the said act and upon there being no defect in the relevant notice, the landlord is entitled to a decree as of right. there are other telltale signs of mischief ..... , the relevant portions of which have been extracted supra, the contract between the parties must be in relation to a valid contract for the statutory right under section 106 of the act available to a lessor to terminate the tenancy at a notice of 15 days to not be applicable. the defendants have relied on a famous judgment of this .....
Tag this Judgment!Court : Kolkata
..... /representation authority concerned, namely of the the 2nd respondent herein will take into account all statutory provisions of the railways act including section 73 of the railways act, 1989 and any other relevant act or acts. the writ petitioner, however, will be entitled to submit all the necessary documents in support of his application. until ..... on behalf of the writ petitioners that levy/demand of punitive charges by various notices was without jurisdiction and contrary to the provisions of section 73 of the said act and also in violation of the principles of natural justice. under the writ petitioners have preferred the application article 226 of the constitution ..... the permissible limit of the said wagon, then in that event the railway authorities may recover the costs for excess weightas provided under section 73 of the said act. contention of the writ petitioners is that between april 2005 and july 2006, they utilised various railway rakes for transportation of the commodities .....
Tag this Judgment!Court : Kolkata
..... by rule 3 of the rules. rule 3 reads as follows: 3. demand notice.(1) the service of demand notice as referred to in sub-section (2) of section 13 of the [act]. shall be made by delivering or transmitting at the place where the borrower or his agent, empowered to accept the notice or documents on behalf ..... that were advanced, the limited points that have emerged for decision are : (i) what is the legal position regarding publication of a demand notice under section 13(2) of the act in two newspapers having wide circulation with the photograph of a director/guarantor?. (ii) whether the second respondent transgressed his powers or not in having such ..... apologize. hearing progressed and the writ petition was heard-in-part. the bench having been prima facie satisfied that publication of the demand notice under section 13(2) of the act together with the photograph of the second petitioner in the newspapers was not in accordance with law, the chairman and managing director of the first respondent .....
Tag this Judgment!Court : Kolkata
..... an occupant of the premises. it does not have the firs.or second or third floor. in fact, according to him, the premises is vacant. sections 411(1) and 411(2) of the said act are in the following terms : 411. power to order removal of dangerous buildings (1) if any wall or building, or anything affixed thereto, be ..... or the inmates thereof; and may, after giving them such notice as the municipal commissioner may think necessary, require the inmates of the building to vacate it. under section 411(1) the municipal commissioner on being satisfied that the building is ruinous or dangerous may immediately ask the owner or occupier to demolish or repair or secure the ..... petition and also handed up to this court by mr.ghosh, the building is in a most dilapidated condition. although the orders under section 411(1) and 411(2) of the kolkata municipal corporation act 1980 issued by the corporation requiring its repair and for removal of the occupants therein are not on record, they have been brought to .....
Tag this Judgment!Court : Kolkata
..... through collector of binjor reported in air1967sc465 it was held, inter alia, that market value on the basis of which compensation is payable under section 23 of the land acquisition act means the price that a willing purchaser would pay to a willing seller for a property having due regard to its existing condition, with all ..... that affords the solution. in prithvi raj taneja v. the state of madhya pradesh and another, reported in 1977 (1) scc684 while considering section 23 of the land acquisition act, the supreme court observed that market value means price that a willing purchaser would pay to a willing seller for the property, having due regard ..... for determination of market value of the property, which is the subject matter of the instrument, has been truly set forth as mentioned in section 27 of the indian stamp act. it is thus seen that information regarding any immovable property is required to be mandatorily obtained by every registering officer from the person concerned .....
Tag this Judgment!Court : Kolkata
..... than the commissioner of central excise; * * * * * * * * * provided further that the provisions of this section shall not apply to the stay applications and appeals pending before any appellate authority prior to the commencement of the finance (no.2) act, 2014. law is set at rest that review is entertainable under order 47 rule 1 and clauses mentioned thereunder ..... basu for the applicant and also the learned advocate mr.uday sankar bhattacharyya, representing the respondent- commissioner of central excise and perused the application under section 5 of the limitation act and the application for review of the order dated 4th september, 2015 passed in ga no.2856 of 2015 and also the grounds made for ..... . from bar effort was to convince that there was mistake on the part of the counsel due to not pointing out the amended section 35-f. but we .....
Tag this Judgment!Court : Kolkata
..... , 12th november, 2012 and 20th september, 2013. he further submits that the respondent was granted notional seniority and notional fixation of pay in the post of manager (finance) in e-5 grade with effect from 24th june, 2011 since the currency period of initial punishment awarded to him expired on the said date. subsequent thereto, the ..... came within the zone of consideration for promotion and was accordingly promoted from the post of senior accounts officer in e-3 grade to the post of deputy finance manager in e-4 grade, as would be explicit from the office order dated 22nd september, 2008. in the midst thereof, a departmental proceeding was initiated ..... charge sheet on 12th september, 2007 and though the enquiring authority exonerated him from the alleged charges on 21st april, 2008, the proforma respondent no.2 herein, acting as the disciplinary authority, disagreed with the finding of the enquiring authority and passed an order on 24th june, 2010 imposing a penalty of reduction of pay by .....
Tag this Judgment!Court : Kolkata
..... no mention in the report. the report is not only one sided but is based on assumption and presumption without reflecting true and correct facts. an application under section 47 c.p.c.had been filed wherein the bagla group sought for setting aside of the valuation report (report).the executing court directed the valuers to re ..... court at calcutta ordinary original civil jurisdiction (original side) present : the hon ble justice nadira patherya g.a.no.2615 of 2008 c.s.no.406 of 2000 premium exchange & finance ltd.& anr. versus m/s.s.n.bagla & co.& ors.for the judgment debtor : mr.abhrajit mitra, adv., mr.sarvapriya mukhopadhyay, adv., mr.chayan gupta, adv., ..... valuation is not only incorrect but the valuers were biased against the petitioner as they are chartered accountants of 15 companies of the birla group, and therefore have acted in favour of the decree holder/respondent (birla group).no copy of the draft report was given to the petitioner/judgment debtor although it has been mentioned in .....
Tag this Judgment!Court : Kolkata
..... this stage that the petitioners had no notice of the said proceeding or that the agreement is forged. the letter of demand and the notice under section 21 of the act specifically refers to the agreement which is now sought to be challenged. mr.sarbapriya mukherjee, learned counsel appearing on behalf of the petitioner submits that in ..... contest the proceeding. the petitioners do not deny that the petitioners did not receive such notices. the letter of demand and the notice issued under section 21 of the act specifically refers to the agreement whose existence is now being denied. the respondent having not raised the plea that the contract is null and void and ..... by a party who has not participated in the proceeding provided the dispute is nonarbitrable. the hon ble supreme court in booz allen and hamilton inc. versus sbi home finance ltd & ors.reported at (2011) 5 scc532has given examples of non-arbitrable disputes which are: 36. the well-recognized examples of non-arbitrable disputes are: (i .....
Tag this Judgment!Court : Kolkata
..... representing the respondent no.3 (the assessee) has contended that against an order refusing to condone delay in presenting an appeal under section 253 of the act, an appeal under section 260a thereof before this court would be well-nigh maintainable. in support of such contention, mr.mazumdar has referred to two ..... for condonation of delay amounts to rejection of the main proceeding and, therefore, the order impugned in the writ petition was appealable under section 130 of the customs act, 1962. in shyam sundar sarma (supra).the supreme court held, on a survey of various authorities, that an appeal filed along ..... act provided the appeal involves a substantial question of law. in the grounds urged in support of the relief claimed in this writ petition, the petitioner has alleged failure on the part of the tribunal to exercise jurisdiction by ignoring the decisions of the supreme court reported in 334 itr269(commissioner of income tax versus west bengal infrastructure development finance .....
Tag this Judgment!