Court : Kolkata
Reported in : (2009)IVLLJ816Cal
..... . subsequently, on formation of sail, by virtue of the public sector iron and steel (restructuring and miscellaneous provisions) act, 1978, sail framed its own gratuity rules, which came into force from august 8, 1978. prior thereto, on the basis of negotiations between the unions representing non-executive workmen and the employer, under the ..... other terms and conditions of his appointment would remain unaltered. nirendra kumar saha, after serving the respondent company finally retired as the senior manager of finance and accounts department of alloy steels plant upon attaining the age of superannuation with effect from february 29, 1996. it has been stated in one ..... the service condition enunciated in the memorandum of agreement dated october 27, 1970 and the 'executive' employees were, thus, expressly covered under the scope of chapter-1 coverage clause 1(iii) of the said njcs agreement. learned advocate for the petitioners submitted that when the petitioners were promoted to the post of .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN857
..... the constitution, reliance was placed on the decisions reported in : (2003)iiillj31sc , kapila hingarani v. state of bihar; : air1986sc180 , olga tellis v. bombay municipal corporation; : [1978]2scr621 , maneka gandhi v. union of india and : 1963crilj329 , kharak singh v. state of u.p. reference was also made to the decisions of the allahabad high court ..... having been named as an accused, the respondent no. 12 was entitled to the fundamental right against self-incrimination under article 20(3). in this connection, the decisions reported in : 1978(2)elt287(sc) , m.p. sharma and ors. v. satish chandra dm delhi, : 1978crilj968 ; nandini sapathy v. p.l. dani, and 1966(384) us 436 ..... , hemant dhasmana v. cbi was heavily relied on in support of the contention that police referred to in chapter xii of the code, for the purpose of investigation, would apply to the officer/officers of the dspe act and that on completion of investigation, report has to be filed by it in the manner provided in section .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)2CALLT468(HC),2008(3)CHN507
..... , 2006, the petitioner claimed that his was the original work and he offered to be examined 'for the truthfulness regarding (his) own contribution covering 13 chapters in the thesis.' his statement implied that neither had he copied from another, nor did he benefit from any collaboration with the other candidate. he addressed ..... said requirement cannot, therefore, be insisted upon in such a case.26. another renowned judgment, mohinder singh gill v. chief election commissioner reported at : [1978]2scr272 , is referred to for the limited purpose of urging that an order based on certain grounds must be judged by the reasons contained therein and cannot be ..... at the conclusion whether or not the delinquent has committed misconduct.17. while exercising jurisdiction under article 226 of the constitution the high court does not act as an appellate authority. its jurisdiction is circumscribed by limits of judicial review to correct errors of law or procedural errors leading to manifest injustice or .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2008Cal118
..... purpose of understanding the background and state of affairs leading up to the legislation.31. in the case of reserve bank of india v. peerless general finance & investment co. limited reported at : [1987]2scr1 , the fundamentals of contextual interpretation have been emphasised. it is both the reason for the statute ..... 14 relates to the constitution, terms of office and removal of the central information commission and its officers. chapter iv is the mirror image of the previous chapter and governs the state information commissions. chapter v lays down the powers and functions of the information commissions, appeal provisions and penalties covering sections 18 ..... of the executive to live up to the act.54. the said act is arranged in six chapters containing 31 sections and has two schedules appended to it. the first, preliminary chapter contains the short title, extent and commencement section and the definitions, the second chapter spells out the right to information and the obligations .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CALLT463(HC),2008(3)CHN945,(2009)ILLJ814Cal
..... it further appears from the facts of the said reported case that the director (ir), government of india, ministry of finance, department of economic affairs, banking division, ir section wrote a letter informing the bank that the officers who had retired with ..... of such bank represented by trade unions authorized by them;11. in clause 3(1) and clause 3(7) of chapter 2 of the said pension regulations it has been provided inter alia as follows:3. applicationthese regulations shall apply to ..... not find it necessary to repeat such discussions any further. the said learned counsel referred to a decision reported in : [1978]2scr272 (mohinder singh gill and anr. v. the chief election commissioner, new delhi and ors.) while submitting that the ..... transferee bank, shall be entitled to the payment of such compensation, if any, under the provisions of the industrial dispute act, 1947, and such pension, gratuity, provident fund and other retirement benefits as may be ordinarily admissible under the rules .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN546
..... funds held or controlled by the university are not under the control of the state government and that, therefore, unless the procedure prescribed in chapter vii of the act is followed, it is not public purpose. we do not find the contention to be acceptable. hence, it would be clear that the ..... : [1964]3scr686 [valjibhai v. state of bombay]; : [1963]2scr774 [somawanti v. state of punjab]; : air2006sc124 [union of india v. ashok kumar]; : [1978]2scr178 [state of gujarat and anr. v. sankalchand khodidas patel].67. mr. somen bose, learned senior advocate submitted that the authorities proceeded in this matter hastily only to ..... ltd. v. union of india]; : air2005sc3520 [hindustan petroleum corporation ltd. v. darius shapur chenai and ors.]; : [1952]1scr135 [commissioner of police, bombay v. gordhandas bhanji]; : [1978]2scr272 [mohinder singh gill and anr. v. chief election commissioner, new delhi and ors.]; : (2004)2scc65 [bahadursinh lakhubhai gohil v. jagdishbhai m. kamalia and ors.]; : [1964] .....
Tag this Judgment!Court : Kolkata
Reported in : (2009)19VST224(NULL)
..... as sealing of their place of business on may 13, 2002 in pendency of the appeal from the said assessment order passed under section 11 of the bengal finance (sales tax) act, 1941 and the said application before the appellate authority and also sought damages from respondent no. 3, cto, esplanade charge and respondent no. 5, certificate ..... unsealing the same were not heeded to by respondent no. 5. this certificate proceeding was directed for recovery of the demand of tax under the bengal finance (sales tax) act, 1941, for the period fourth quarter ending march 31, 1995 and also of a separate demand for additional interest on tax due relating to the same ..... no jurisdiction to try such proceedings.explanation.-for the purpose of this sub-section, proceedings shall include proceedings under chapter xxix and chapter xxx of the code of criminal procedure, 1973.(b) section 8(1) of the wbtt act, 1987 provides that a person aggrieved by any order or action taken pertaining to any 'matter within the .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN842
..... ;3. ratnakar vishwanath joshi v. life insurance corporation and ors. reported in 1975(1) llj 501 (para-61);4. sukhdev singh and ors. v. the industrial finance corporation and ors. reported in : (1975)illj399sc .57. the learned advocate general, thereafter, submitted that even on the touchstone of article 21 of the constitution of ..... conferred by article 21 must be fair, just and reasonable (see e.p. royappa v. state of tamil nadu : (1974)illj172sc ; maneka gandhi v. union of india : [1978]2scr621 ; m.h. hoskot v. state of maharashtra : 1978crilj1678 ; sunil batra v. delhi administration : 1978crilj1741 ; sita ram v. state of u.p. : 1979crilj659 ; hussainara ..... to open fire was justified.75. we may examine here the provisions of the criminal procedure code, 1973, the police act, 1861 and the west bengal police regulations, 1943. sections 129 to 132 are placed in chapter x, of the criminal procedure code which deals with maintenance of public order and tranquillity. section a of the aforesaid .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)3CALLT545(HC)
..... in respect of the grants made in the previous year.8) this order shall take effect from 1st april, 1981.9) these order issues with the concurrence of the finance department vide their u.o. no. group-b/2292 dated 16.10.81.10) the accountant general, west bengal has been informed. sd./n. ghosaldeputy secretary.3. ..... have been appointed in exercise of this power granted by the statute. the division bench also relied on a judgment in the case of hussainbhai reported in air 1978 sc 1410 which was a case concerning dismissal of the employees working in the factory through contractors. the employees employed through contractors were held to be the employees ..... the university of kalyani because the visiting committee which was supposed to have appointed the employees of the hostel in that case was never formed. the kalyani university act 1981, by clause x of section 21, empowered the executive council of the university to appoint teachers, officers and other employees and to fix their emoluments. in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2008Cal227
..... : [1963]2scr774 iii) cheeranthoodika mariakutty amma reported in : [2000]1scr725 iv) calcutta municipal corporation v. pawan saraf and ors. reported in : 1999crilj1125 v) maharashtra state finance corporation v. masvi & co. pvt. ltd. and anr. reported in 76 companies cases 168 (bom)101. mr. kapoor argued that where an enactment provided that any ..... vindictive, motivated and incorrect. since 1996 and till 1st april, 2005 the accounts were audited by the statutory auditors of respondent bcci and approved by the finance committees, working committees and finally the general body year after year. it is the case of the petitioner that the respondent no. 2, upon assuming ..... prescribed period was given specifying the intention to propose the resolution as a special resolution. under section 27 of the 1975 act read with rule 26 of the tamil nadu societies registration rules, 1978, hereinafter referred to as the rules, a special resolution is required to be filed with the registrar within 3 months. .....
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