Court : Kolkata Appellate
..... in the course of manufacture can be stated to have been used in the manufacture of goods for sale as understood by the provisions of section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941. the apex court answered the said question in affirmative holding that that those gloves were to be used by workmen who were engaged in ..... require replacement for such decay would not come within the purview of sub-rule (d) of section 22 (4) of the act and the order of the tribunal is modified only to that extent.22. we, therefore, find no substance in the contention of mrs. roy, the learned advocate for the writ-petitioners that the learned tribunal below made wrong ..... the course of inter-state trade and commerce within the meaning of section 3 of the central sales tax act, 1956.9. the phrase consumable stores consists of two words- consumable used as adjective and stores used as noun. there is no dispute that spare parts of machinery come within the meaning of the word stores used in plural as .....
Tag this Judgment!Court : Kolkata Appellate
..... are unable to agree with mr. bagchi that the above statement did not refer to any dowry. in this regard, we may refer to section 2 of the dowry prohibition act, 1961 wherein it was categorically provided that the dowry would mean any property or valuable security given or agreed to be given either directly or ..... . he prescribed some medicine. he was also not sure whether the patient had bronchial asthma as it would need recurrent attacks. he also confirmed that there was no possibility of psychiatric problem due to prolonged asthmatic disease. according to him, there might be depression developing suicidal tendency. he was, however, not sure about the future ..... that shampa had been subjected to torture both physically and mentally. shampa had cordial relationship with her in-laws. shampa never stated to him that there was no meaning of her life for respiratory disease of her.there is one significant fact that the witness while being crossexamined by prosecution, denied that he had brought .....
Tag this Judgment!Court : Kolkata Appellate
..... disposal. 4. on 28th august, 2009 the learned transferee court issued a search warrant under section 94 cr.p.c. on prayer of the opposite party no. 2 and on 29th august, 2009 the said vehicle was seized from the parking yard of the company. being aggrieved by and dissatisfied with such criminal proceeding including ..... company carries on business of letting out motor vehicle on hire and on loan basis. on being approached by the opposite party no. 2 they extended financial assistance of rs. 11,20,000/- ..... of 2009 corresponding to t. r. no. 257 of 2009 under section 379/120(b), 500 and 506 ipc including order dated 28.08.2009 passed therein by the learned judicial magistrate, 4th court, district: paschim midinipore have been challenged. 2. the present petitioner being manager of tata motors finance limited has contended that the said .....
Tag this Judgment!Court : Kolkata Appellate
..... suit is dis-continued, dismissed or stayed the counter-claim may nevertheless be proceeded with independently. mr. purakayastha submits that under section 21(1)(a) of the said act, this appeal is maintainable before this court as the decree is made in a proceeding, that is, the counter-claim (cross-suit). 7. we are of the ..... fifty thousand) only has been decreed, appeal has rightly been filed before this court. 6. section 21(1)(a) of the bengal, agra and assam civil courts act, 1887, in its application to the state of west bengal, provides that an appeal from a decree or order of the learned civil judge (senior division) shall be ..... appellant instituted a suit for eviction before the learned civil judge (senior division) at siliguri, district, darjeeling. the suit was registered as title suit no.24 of 2006 in the said court. 2. the defendant entered appearance in the suit and delivered his counter-claim along with the written statement, inter alia, seeking a decree for specific performance .....
Tag this Judgment!Court : Kolkata Appellate
..... ground of unsuitability without holding an enquiry, and further as to whether by reason of continuous service he is entitled to the benefits of section 25f of the said act. 43. the supreme court in chinnaswamy (supra) was considering as to whether a public officer should be given posting and work commensurate to his status and whether ..... discretion not be exercised instead of not accepting the challenge to the impugned action on the ground that by reduction in the burden of work the employee concerned suffers no prejudice? the answer to the question, in my view, would largely depend on the mindset of the adjudicator and the surrounding circumstances in which he works. if ..... to consider certain decisions having a bearing on the issue involved herein, viz. (i) langston v. amalgamated union of engineering workers & ano., reported in [1974] 1 all er 982, (ii) mukunda v. managing director, reported in 1986 (1) llj 470, (iii) p.k. chinnaswamy v. govt. of t.n., 16 reported in (1987) 4 scc 601, and .....
Tag this Judgment!Court : Kolkata Appellate
..... to set aside the order of dismissal issued against the employee concerned namely, the respondent no. 1 herein and directed the concerned authority to reinstate the said respondent no. 1. 2. it appears from the available records that the respondent no. 1 being a constable of kolkata police faced a departmental proceeding on the allegation that ..... out the guilt are required to be proved. a decision must be arrived at on some evidence, which is legally admissible. the provisions of the evidence act may not be applicable in a departmental proceeding but the principles of natural justice are. as the report of the enquiry officer was based on merely ..... the findings of the learned magistrate and held the constable concerned guilty ignoring the specific findings of the criminal court. the employee concerned namely, the respondent no. 1 was acquitted in the criminal trial before issuance of the final order by the disciplinary authority. 20. therefore, the disciplinary authority while passing the .....
Tag this Judgment!Court : Kolkata Appellate
..... the petitioners and the proforma respondents. i, however, make it clear that i have not gone into the merits of the application under section 18 of the act. 8. there will be no order as to costs. 9. let urgent photostat certified copy of this order, if applied for, be furnished to the appearing parties on priority basis. ..... therefore, it appears from the language of section 18, filing an application means lodging an objection to the award, subject to the point of limitation under section 18(2). such objection, as seen from section 18(1), may be to the measurement of the land or regarding the amount of compensation or regarding the persons to whom it ..... be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested. (2) . 6. thus, as noted, any person interested, who has not accepted the award, being aggrieved, may file a written application before the collector under section 18 for .....
Tag this Judgment!Court : Kolkata Appellate
..... declaration that the right of residence granted to saroj kumar mazumdar was of personal nature and not transferable or assignable at all, declaration that saroj kumar mazumdar had no right, title and interest in the suit property save right to enjoy by him personally, declaration that the deed of partition giving separate possession to saroj kumar ..... title suit being title suit no.17 of 2006 praying for several counts of declarations, permanent injunction and other reliefs. the contention of ..... is at the instance of the plaintiffs and is directed against the order no.30 dated june 16, 2009 and the order no.57 dated june 17, 2010 passed by the learned civil judge (junior division), second court, alipore in title suit no.17 of 2006.2. the short fact is that the plaintiffs/petitioners herein filed the said .....
Tag this Judgment!Court : Kolkata Appellate
..... dated december 6, 2008 passed by the learned judge, fast track first court, barrackpore in matrimonial suit no.649 of 2008. the husband/petitioner filed the said suit under section 13 of the hindu marriage act before the learned district judge, north 24 parganas at barasat. that suit was transferred to the learned fast track first court at ..... by the said order of alimony, the husband has come up with this revisional application. now, the point for consideration is whether the impugned order should be sustained.2. upon hearing the learned advocate for the petitioner and on going through the materials on record, i find that the wife has claimed that the husband/petitioner earns rs ..... within two months from date. the husband shall pay up all the arrear alimony at the above rate, less amount already paid as maintenance to the wife within 2 months and he shall go on paying current alimony within 7 days of the succeeding month.5. this application is disposed of in the manner indicated above.6. .....
Tag this Judgment!Court : Kolkata Appellate
..... the defendant/petitioner was taken up for consideration by the learned civil judge (senior division), 6th court, district 24 parganas (south) at alipore. by order no. 14 dated june 2, 2010, the petition was dismissed on contest without order for costs. the defendant/petitioner calls in question this order of the learned judge in this application ..... 2007) 5 scc 692, unissi (india) (p) ltd. v. post graduate institute of medical education and research reported 3 in (2009) 1 scc 107, and magma leasing & finance ltd. v. potluri madhavilata, reported in (2009) 10 scc 103. 7. he, accordingly, prayed for relief as claimed in the petition filed before the learned civil judge. 8. ..... & u, (2009) 1 scc 372]. for the foregoing reasons, we hold that in the absence of an arbitration agreement, the application under section 11 of the act was not maintainable. (italics in original) 21. the other decisions cited by him have been duly considered. each and every decision need not be dealt with individually. .....
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