Court : Kolkata Appellate
..... the basic requirement for grant of additional increment and the decision appears to have been taken without proper application of mind. otherwise, there was no reason for the finance department to state in the counter affidavit filed before the high court that any affidavit filed on behalf of the education department was the competent authority ..... deducted.11. the division bench of this court, in the case of the state of west bengal & ors. vs- harekrishna sardar & anr reported in 2009(2) clj 259 held that the unilateral deduction without issuance of any show cause or offering an opportunity of explanation is highhanded, arbitrary, mala fide and illegal. the ..... education extension department directed the recovery of the overdrawn amount from the writ petitioner and also to stop the annual increment w.e.f. 1.4.2001.2. the writ petitioner was appointed as assistant teacher in the vacant post in asutosh institution- a da getting institution imparting education to the physically handicapped. the .....
Tag this Judgment!Court : Kolkata Appellate
..... up under any law for the time being in force and the affairs fo which are controlled by the state government.we therefore hold that the aforesaid act of 1999 has no manner of application in this case. as such, we are unable to accept the submission of mr. chakraborty.that apart, we find another logic that ..... contention of the appellant by giving the following reasons:we have examined with our utmost attention the aforesaid aspect. we are of the view that section 2(11) of the said act of 1999 does not cover this particular body viz. the west bengal primary education council, which is the successor-in-office of the board.in this ..... exempted category.11. the learned counsel for the respondents pointed out that the appellant produced the certificate dated may 13, 2010 issued by the block development officer, mayureswar-ii development block, certifying that she had performed her duties as enumerator in census operation, 2001 of the said block for the first phase of census, 2001 successfully .....
Tag this Judgment!Court : Kolkata Appellate
..... dated 25.09.2008 passed by the learned judicial magistrare, bolpure in connection with g. r. case no. 360 of 1987 has been challenged. 2. the petitioner ujjal nag, @ ujjal kumar nag has filed the application being c. r. r. no. 3474 of 2009 against three opposite parties namely, sunil kumar das, jitendra kumar das and nemai chandra ..... in favour of imposing harsher punishment in offences committed under sections 366, 376, 354, 302 ipc and the offence committed under the terrorists and disruptive activities (prevention) act, 1987. therefore, the facts of those cases are quite dissimilar with the facts and circumstances of the present case of assault, damage of property etc. and so ..... in dealing with the first offenders as prescribed under section 4 of the probation of offenders act, 1958. he has not called for any report from the po concerned as required under sub-section 2 of section 4 of the aforesaid act before imposing such sentence. this is one aspect of the sentencing process which is not .....
Tag this Judgment!Court : Kolkata Appellate
..... and occupation. the defendant nos.1 & 2 were carrying on a business as partners under the name of style of m/s. federal auto marketing and they ..... at the instance of the plaintiffs and is directed against the order dated no.165 dated july 6, 2010 passed by the learned civil judge (senior division), eighth court, alipore in title suit no.19 of 2006 thereby rejecting an application for amendment of the plaint.2. the short fact is that the plaintiffs instituted a title suit being number ..... t.s.115 of 1995 (subsequently renumbered as title suit no.19 of 2006) for ejectment on the ground of own use .....
Tag this Judgment!Court : Kolkata Appellate
..... place in mumbai and chennai. in the case in hand, the petitioner were not at all involved in the act of cruelty allegedly has taken place at raghunathpur. only tapas the husband of the opposite party no. 2 allegedly committed that offence on 1.4.2008. that being so, the case investigated by raghunathpur police station and ..... the averments in the fir and material collected by the investigating officer in course of investigation, if taken together, constitute any continuous offence of subjecting the opposite party no. 2 to cruelty within the meaning of section 498 a i.p.c.15) continuing offence has not been defined in the code. the judicial pronouncements, however, ..... 498 a i.p.c. which includes physical as well as mental torture is a continuous offences. that being so, when the torture upon the opposite party no. 2 was started at asansol and continued at raghunathpur, the provisions relating to jurisdiction to investigate into the matter and taking congnizance are guided by section 178 ( c) .....
Tag this Judgment!Court : Kolkata Appellate
..... without any order of acquisition or requisition and finally in 1990 notice for fresh requisition was issued but no compensation either for requisition or for acquisition till date was given.h) one l.r. case no. 1-14/90-91 was initiated under act-ii of 1948 for acquisition of 6.85 acres of land and the same was handed over to the ..... act-i of 1894 under the provision of land acquisition (west bengal amendment) act, 1997.j) one rita dey and others filed a writ-petition being w.p. no. 79 (w) of 1999, thereby praying for direction upon the ..... refugee rehabilitation department on 28th november, 1990.i) after the lapse of act-ii of 1948, the case has been converted to land acquisition .....
Tag this Judgment!Court : Kolkata Appellate
..... by the statute. further, the prayer being an extraordinary one, it has to be exercised sparingly. if these considerations are kept in mind there will be no inconsistency between sections 397(2) and 482 cr.p.c. keeping in view the above principle if the present application is considered it will appear that the same is an application under ..... instant application being cran 1492 of 2010 the petitioner, shehnaz quadery has prayed for adding her as an opposite party in crr no. 3387 of 2009 filed by the petitioners therein for quashing of the entire proceeding. 2. learned lawyer for the petitioner applicant has submitted that sash hazari wakf estate was created in pursuance of a forman issued by ..... cr.p.c. but it is in substance an application under section 397 cr.p.c. in sub-section 2 of section 401 cr.p.c. dealing with high courts powers of revision it is provided as follows:- 401(2). no order under this section shall be made to the prejudice, of the accused or other person unless he has had .....
Tag this Judgment!Court : Kolkata Appellate
..... payment of emi as a factor for reducing the quantum of alimony pendente lite determined to be payable by the husband. it was contended that the wife has no source of earning and was surviving along with the minor child born in the wedlock of the parties on the charity of her parents. the child has to ..... old parents and that in terms of an order passed by the competent authority under the maintenance and welfare of parents and senior citizens act, 2007, he has been paying consolidated sum of rs. 2,500/- to them each month. that apart, it was also not considered by the learned judge that earlier proceedings before the court between ..... , the petitioner (hereafter the husband) calls in question order no.7 dated december 20, 2010, passed by the learned additional district judge, 2nd court, barasat. by the impugned order, the petition filed by the opposite party (hereafter the wife) under section 24 of the hindu marriage act (hereafter the act) dated september 14, 2010 was allowed on contest. it .....
Tag this Judgment!Court : Kolkata Appellate
..... . in the instant appeal the legality and propriety of the judgement and order passed by a learned judge of this court in w. p. no. 23678(w) of 2005 has been challenged. 2. the brief facts of this case is that the petitioner appellant is a science graduate from the university of calcutta. on 9th march, 1999 ..... under dissimilar facts and circumstances. in support of the aforesaid arguments learned counsel of the respondent no. 8 relied on the following decisions: i) 2001(2) clj (d.b) 161 (chairman, ad-hoc committee, district primary school council, burdwan vs.- rabindra nath ghosh & ors.); ii) 2009(1) clj (cal d.b.) 642 (sri sukumar mondal vs.- state of west ..... counsel of the appellant are very much relevant in the facts of the present case. however, the decisions cited by the learned counsel of the respondent no. 8 have no manner of application in the present case. for the aforementioned reasons the judgment and order under appeal passed by the learned single judge cannot be affirmed by .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
..... . 1. this is an application filed seeking waiver of pre deposit of service tax of rs.6,32,048/- and equal amount of penalty imposed under section 78 of the finance act, 1994. 2. at the outset, the ld. advocate shri devaraj sahu for the applicant submits that they have already deposited an amount of rs.4,04,295/- before issuance of show .....
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