Court : Kolkata
Reported in : (2002)2CALLT535(HC)
..... cause of action arose within the ordinary original civil jurisdiction of this court and therefore leave should be granted to make the application under section 9 of the arbitration and conciliation act, 1996 in this court. the learned advocate appearing for the respondent has disputed both the submissions made by mr. bose. 4. insofar ..... justice or his nominee is an administrative order, as has been held by this court in ador samia case and the observations of this court in sundaram finance ltd. case : [1999]1scr89 also are quite appropriate and neither of thoseithe position, even an order refusing to appoint an arbitrator will not be amenable ..... is wholly without merit and deserves to be rejected. 11. the correct position in my view is that applications pertaining to arbitration under the 1996 act, except an application under section 11, are entertainable by the principle civil courts of original jurisdiction. the appropriate question to ask is which court would have jurisdiction to receive, .....
Tag this Judgment!Court : Kolkata
Reported in : 2003(2)ALT(Cri)2,(2002)2CALLT540(HC),2002(3)CHN301
..... the prosecution may take a chance of filling up the lacuna in its case that may be disclosed in course of cross-examination of such witnesses.17. section 135 of the evidence act provides that the order in which the witnesses are produced and examined shall be regulated by law and practice for the time being relating to civil and ..... compelling reason it should be for the parties to decide in which order it will produce and examine its witnesses.18. so, as per the provision of section 138 of the evidence act it is the requirement of law that each witness shall be first examined-in-chief and shall be then cross-examined before the next witness is called ..... .20. in view of what has been stated in the foregoing paragraphs and keeping in mind the provisions of section 231 and 309 of cr. pc and also taking into consideration the provision of section 135 and 138 of the evidence act, i am rather prompted to hold that there is nothing in particular to interfere with the judicial discretion used .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2003)(2)SLJ267CAT
1. this is an application under section 19 pf the at act, against the purported act of the respondent authorities in not granting islands special allowance to the applicant in terms of the memorandum dated 12.1.96 issued by the ministry of finance, govt. of india.2. it is averred that the applicant was offered temporary posting of service ..... .11.2000 issued by respondent no. 5 indicating that the matter was under consideration. however, nothing was done, hence this o.a. seeking directions to ministry of finance, government of india to grant the islands special (duty) allowance to him.3. in the reply the respondents' case is that the initial appointment of the applicant ..... 3251 of 1993.4. in the rejoinder, the applicant has reiterated the facts mentioned in the o.a. it is further stated that the respondent authorities are acting malafide when the island special duty allowance has not been sanctioned to him.5. we have head the learned counsel for the parties and perused the documents placed .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)2CALLT197(HC)
..... issued by the executive engineers (c)/ bldg. borough under iv and v on 24th january, 2002 and 5th march, 2002 under section 411(1) and section 411(2) respectively of the calcutta municipal corporation act, 1980. first notice was addressed to sri amar chand lakhotia and ors. being constituted attorney of sri ramesh kumar lakhotia. it ..... and in true compliance with the provisions laid down in the sub-section (1) and sub-section (2) of the section 411 of the calcutta municipal corporation act. if one has any right as against such notice of demolition under any of such sub-sections under the section he can approach the municipal authority to give him an opportunity of ..... is supposed to be issued by the municipal commissioner as per the act. the power of delegation has been provided under section 48(4)(b) under which the executive engineer might have power for issuance of notice under section 411(1) but not under sub-section (2). however, such submission was converted by the respondents by saying .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2003Cal80
..... action within the territorial limits of this court. the facts were that swaika properties owned land in the jaipur city in rajasthan. notice of acquisition under section 52(2) of the act was issued by the town planning department, jaipur. pursuant to that notice petitioners appeared before the special officer, town planning department, jaipur and objected ..... of salary against the company in the court of subordinate judge of cochin. the defendants applied to the cochin court to have said suit stayed under section 34 of the arbitration act. such prayer was refused and appeal against the said order was also dismissed. the revision petition to the high court was also dismissed. in ..... though the averments are rather vague. in para 24, it has been specifically stated that those two approvals will cause irreparable damages to the petitioner's business and finance. but it has not been stated whether the damages will be caused in calcutta. in para 27, it has been stated that the petitioner no. 2 will .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)2CALLT523(HC),2003(162)ELT1170(Cal)
..... continues after 1st january, 1991 because, in the absence of a contrary intention in the repealing environmental protection act, 1978, section 16(1) of the interpretation act, 1978 preserves not only the effectiveness of a notice served under the 1974 act but also the ability to enforce the obligation created by the notice. failure to comply with a requirement in a notice served under statutory powers ..... exist. their nomenclature have been changed, they have now been designated as the commissioner of central excise by the finance act of 1995. the collector of central excise and customs does not exist, which used to be the adjudicating authority under section 78 of the act. lastly, it was contended that no liability accrued in this matter.10. as against this, learned counsel for .....
Tag this Judgment!Court : Kolkata
Reported in : [2002]256ITR460(Cal)
..... year or financial year, mean--. . .(iii) for the purposes of deduction of tax under section 195, the rate or rates of income-tax specified in section 115a or the rate or rates of income-tax specified in this behalf in the finance act of the relevant year, whichever is applicable.' though the aforesaid provision was there at the relevant ..... of income-tax specified in an agreement entered into by the central government under section 90, whichever is applicable by virtue of the provisions of section 90.'17. in this case sub-section (2) of section 90 of the said act would be relevant, so the ..... this case, subsequently there was an amendment by the finance act, 1992, with effect from june 1, 1992. now the amended provision reads as follows :'(iii) for the purposes of deduction of tax under section 195, the rate or rates of income-tax specified in this behalf in the finance act of the relevant year or the rate or rates .....
Tag this Judgment!Court : Kolkata
Reported in : [2003]131STC453(Cal)
..... . (2) where an assessment in respect of any period or periods of a dealer is deemed to have been made under section 9 of the central sales tax act, 1956 read with section 11e of the bengal finance (sales tax) act, 1941 (ben. act vi of 1941), such assessment in respect of any of the periods may he reopened in the manner and subject to the ..... or you have furnished incorrect statement of your turnover or incorrect particulars of your sales in the returns submitted under section 10 of the bengal finance (sales tax) act, 1941 relating to an assessment made under sub-section (1) of section 11e of the said act in respect of period 1988-89. you are requested to show cause on august 17, 1998 at 11.30 am .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)1CALLT84(HC)
..... which cannot provide conducive atmosphere to better education. in fact government is cognizant of the fact and they have issued a circular on 26th april, 1978 not to encourage the voluntary organizations to establish such kind of school without prior permission of the government or the board. this school was established ..... the government of west bengal has also laid down conditions for recognition of secondary schools and approval of organizing staff by its order dated 26th april, 1978. the procedures provided are as under:'part xiiirecognition of secondary schools andapproval of organizing staff governmentof west bengal education departmentsecondary branchno. 553~edn(s) dated ..... be saddled with the burden of finances unless the order is arbitrary or violative of article 14 of the constitution. sufficient materials have been placed on record and on the basis of that the statutory authority exercised their discretion under section 19a(3)(c)(i) of the act and after examining these norms .....
Tag this Judgment!Court : Kolkata
Reported in : (2002)3CALLT65(HC),(2003)ILLJ542Cal
..... that such a letter was given by the petitioner to his superior officer of the bank there is no reason why the bank authorities should not or could not have acted upon the same. there was suppression with respect to the said letter of 7th march, 2001 and mention of the same is to be found only in affidavit-in-reply ..... the nature of relief, if any, to be granted to the petitioner.12. from the judgments of the supreme court in balaram gupta v. union of india, : (1987)iillj541sc , pouter finance corporation ltd. v. pramod kr. bhatia, : (1997)iillj819sc , j.n. srivastava v. union of india, : (1999)illj546sc , union of india v. gopal chandra mishra ..... , : (1978)illj492sc and the latest judgment of the supreme court dated 13th march, 2002 in sambhu murari sinha v. project and development india and anr., cited supra, which has taken notice .....
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