Court : Kolkata
Reported in : AIR2004Cal217,2004(1)CHN626
..... one another when it is open for the court to make an immediate justice having balancing factors in a given situation. mr. mitra relied upon a judgment reported in : [1978]1scr742 (t. arivandandam v. t. v. satyapal and anr.) where it is clear that if on a meaningful - not formal - reading of the plaint it is ..... whom the grant was made has willfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of chapter vii of this part, or has exhibited under that chapter an inventory or account which is untrue in a material respect'. 16. it is to be remembered that the administrator is a ..... scope he highlighted various judgments. in : (1994)1scc611 [saraswati and ors. v. lachanna (dead)] through lrs.] court held that in the tenancy and agricultural lands act neither there is any provision for seeking permission of any revenue authority before execution of a usufructuary mortgage nor a forum has been provided for adjudication of a dispute relating .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1979Cal114,83CWN328
..... or its admissibility. an objection to the production or admissibility of evidence specified in section 162 of the evidence act relates to all claims of privilege provided by the relevant sections of chapter ix of part hi of the act, section 123 is only one of, such privileges. so the jurisdiction! given to the court to decide ..... matter of public importance and no other matters. in karnataka state v. union of india : [1978]2scr1 kailasam, j. observed referring to the decision of the court in dalmia's case, 'the court also held that the act does not delegate to the government any arbitrary and/or uncontrolled power and does not offend article 14 ..... nullity. it was further contended that similar notifications in dalmia's case : [1959]1scr279 and karnataka's case : [1978]2scr1 were upheld by the supreme court.24. a supplementary affidavit was affirmed on 2nd of march, 1978 by s. c. marthe, the secretary, government of india, ministry of industry (department of industrial development) wherein it .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal163
..... plaint, that the present suit cannot be treated as a suit under section 34 of the act. it is a suit filed under chapter iv section 31 of the specific relief act and i have already held that such a suit will not he on the facts of ..... 597 of 1977 in the city civil court for setting aside the ex parte decree in t. suit no. 176 of 1974. 8-6-1978 -- dunialal's t. suit no. 597 of 1977 was dismissed for default. 2. in the premises aforesaid the decree for eviction against dunialal ..... an award or a judgment of court is not in this sense a written instrument within the meaning of section 39 of the specific relief act, the words 'adjudged' and 'delivered up' appear to support this argument, in other words the word 'adjudged' means that where a written ..... plaintiff or it may throw a cloud or suspicion over his title or interest. a plaintiff in a suit under section 31 of the act has to establish three conditions : (1) that the plaintiff is such a person against whom the instrument is void or voidable. ( .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)1CALLT373(HC)
..... , under that act would also be within the ambit of section 633(2) of the act. this does not stand to reason. i need not, however, say anything further on the question ..... is, therefore, difficult to see how the companies act could become applicable in that case and when particularly the other act defining the offence itself provides punishment for offences/defaults committed by the companies'.it was further observed :-'if the words 'any proceeding' are of wide amplitude, then perhaps chapter xxi of the income-tax act dealing with penalties imposable for various defaults committed .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN288
..... for the petitioner urged that in the instant case the procedure for holding enquiry has not at all been followed. the learned counsel refers to regulation 9 chapter xix of the police regulations of calcutta. in the enquiry proceeding to be held under those regulations and under the regulation 9 sub-regulation (4), it is ..... contention of the learned counsel for the respondents that the allegations made against the petitioner in this case may amount to misconduct but assuming that those are acts of misconduct even then such allegations of misconduct must have to be proved in a regular departmental enquiry and the delinquent must be given proper opportunities to ..... another judgment of the supreme court in the case of ministry of finance and anr. v. s. b. ramesh, reported in 1998(3) supreme court cases 277. in that judgment, the apex court held, disapproving the view taken by the administrative tribunal, that the act of living together would amount to misconduct, regardless of the question .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1980Cal1
..... if it had been originally instituted therein under the special marriage act, as amended by this act.' 15. it seems that there has been a confusion in the printing of the amendment act itself. in chapter ii amendments to the hindu marriage act, 1955 have been mentioned. in chapter iii amendments to the special marriage act, 1954 have been specified. section 39 (1) which covers amendments to ..... both the acts should have been printed in a different chapter altogether. but that unfortunately has not been done.16. it .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal225
..... bench decision in 48 cal wn 699: (aik 1944 cal 401), and referred the appeal to a full bench for a final decision, under rule 2 of chapter vii of the appellate side rules, by an appropriate order of reference dated february 6, 1953, formulating two questions of law for decision, as follows:--(1) ..... repay the said sum and the plaintiffs continued to possess the lands as settled, on payment of rent only. after the passing of the bengal agrricultural debtors act (bengal act vii of 1936) the defendant moved the special debt settlement board at basirhat, claiming to get back the property, alleging that the patta and ekrarnama mentioned above ..... as follows: in november, 1936 the corporation of calcutta recovered seven preliminary charge decrees against the repondents or their predecessors, for consolidated rates under the calcutta municipal act. these decrees were made final sometime in september, 1937 and they were put into execution in march, 1940. in 1942, two of the judgment debtors applied .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2004Cal316
..... to be treated as admitted, and at this stage they have to be accepted at their face value. the decision in sahu jain ltd. v. deputy secretary, ministry of finance, 70 cwn 399 discussed and legal position regarding this.39. i find that in talbot & co. v. haricharan halwasiya, : air1952cal47 the suit was filed alleging forfeiture of ..... lease by unilateral exercise of the option for renewal. the renewal required execution and registration of a fresh lease.20. the lessor (aviram mullick) died on march 20th, 1978. during his lifetime he executed a will dated november 19th, 1965. he bequeathed all his properties in favour of his two sons (the plaintiff and the second defendant) ..... are lawful,, just and sustainable.28. submissions made by mr. sen, in reply, are these. the advocates act, 1961 did not prohibit the transaction. an advocate's duties to his client have been specified in rule 49 (1) (c) of chapter (ii) of the bar council of india rules. the rules also did not prohibit the transaction. sri .....
Tag this Judgment!Court : Kolkata
Reported in : 1980(6)ELT582(Cal)
..... to this notification at length for appreciating its' true import and implication. the notification is set out hereunder :government of indiaministry of finance (department of revenue & insurance)new delhi the 30th april, 197510th vaisakha, 1978 (saka)notificationcentral exciseg.s.r. in exercise of the powers conferred by sub-rule (1) of rule 8 of the central ..... the said objections first of all. mr. sen contended that against the imposition of duty by the respondents the company could prefer an appeal under the act and when alternative remedy was available to the petitioner company, the petitioner company was not entitled to move the writ jurisdiction of this court on the face ..... pvt. limited v. ram krishna dalmia, reported in : [1973]2scr257 . in the said decision, the manufacturing purpose within the meaning of transfer of property act was considered by the supreme court and it was held by the supreme court that manufacture really implies a change but a mere change in the material is not .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(1)CHN435
..... documents.section 109. power to make rules.-(1) the state government may, by notification in the official gazette., make rules to carry out the purposes of this act, other than those of chapter iii.(2) in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely;( ..... gill and anr. v. chief election commissioner, new delhi and ors., reported in : [1978]2scr272 .27. so far as the 'decision of maneka gandhi (supra) is concerned, mr. basu strongly relied upon ..... me committee in defiance of section 64 of the act and rule 17 of the rules.26. i now propose to deal with the two decisions cited by mr. basu. those are the decisions of supreme court in the case of maneka gandhi v. union of india and anr., reported in : [1978]2scr621 and in the case of mohinder singh .....
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