Court : Kolkata
Decided on : Aug-21-2009
..... the applicants in can 6071 of 2009, can 6072 of 2009 and can 6550 of 2009 are all added as respondents to the respective petitions. the appropriate amendments to the cause titles should be carried out forthwith by the department. 68. the starting point of the present proceedings has undoubtedly to be the previous order ..... someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say: 'the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached'; (ii) whether public interest is affected. if the answers are in the negative, there should be ..... such case were owners of sugar mills who challenged the validity of notifications issued by the central government in exercise of its power under the essential commodities act. the petitioners contended that the prices did not reflect the actual manufacturing cost of sugar incurred by producers or secure to them reasonable returns on the capital .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-24-2009
..... respondent's land never came within the operation of sub-section 3a.29. furthermore, to continue the requisition and acquisition proceeding under the amending act a notice had to be issued under the amended section 9(3a) which was also never issued. failure to issue such notice has also resulted in lapsing of the requisition, even if ..... stock brokers pvt. ltd. and ors. v. state of west bengal and ors. 2001 (1) chn 531 while considering the self same amending act held that there was nothing in the act to show that the legislature intended that it should have a retrospective effect and in the absence of such intention it could not be held ..... could be commenced by service of a notice. thereafter, acquisition proceedings were to follow the procedure prescribed by the land acquisition act, 1894.20. this amendment act titled the west bengal land (requisition and acquisition) act 1948 was duly passed by the west bengal legislature. in order to be operative, as the subject is included in the .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-27-2009
..... interview was conducted between 22nd february, 2009 and 26th february, 2009. petitioners, thus, participated in the selection process without having any knowledge about the amendment of school service commission (amendment) act, 2008.4. petitioner nos. 1 and 4 submitted a representation dated 20.2.2009 addressed to the respondent no. 3 i.e. the district ..... , government of west bengal, 14th day of january, 2009 was fixed as the date of coming into effect of the west bengal school service commission (amendment) act, 2008.7. after hearing learned counsel for both parties and taking into consideration the relevant facts and materials, it appears that the crux of the controversy ..... , there remains very little scope for controversy and unless it is clearly found that the selection process started prior to coming into effect of the said amending act, 2008, there is no scope for accepting the stand taken by the managing committee.14. grievances, as ventilated on behalf of the writ petitioners, cannot .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-01-2009
..... to a large extent would depend upon the dealings of the stock exchange. 32. the concept that all public sector undertakings incorporated under the indian companies act or societies registration act for being state must be financed by the central government and under the deep and pervasive control thereof has undergone a sea change. the thrust, ..... dated january 10, 2006 conveyed our sanction for facility sanctioned to hindustan national glass & industries limited (herein after referred to as 'the borrower'). in continuation and amendment to the above, we are pleased to inform you that the following the facility has now been enhanced and is subject to compliance with conditions stated here under ..... due under transaction 1 and/or transaction 2 on the various statement dates there under, as claimed by the claimant in its particulars of claim, as amended from time to time?6) whether the respondent is liable to pay interest to the claimant at the default rate of interest as applicable from time to .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-07-2009
..... 7, 2007, the assistant controller intimated adjournment of the hearing in respect of the opposition so that the proposed amendments in the claims may be notified and the proceedings under section 57 of the act be first disposed of. this letter was, however withdrawn and date was fixed on august 8, 2007 to hear ..... two proceedings were pending before the assistant controller, mumbai. firstly, it was the application for amendment made by respondent no. 1. secondly, it was the oppositions filed by the appellants under section 25(2) of the patents act, 1970. in spite of repeated requests, the assistant controller decided to hear the opposition of the ..... 5, filed post grant oppositions under section 25(2) of the patents act, 1970. on november 20, 2006, government of india filed an application for amendment of the specifications of the patent. the appellant filed a notice of opposition to the proposed amendments on february 2, 2007. initially, the assistant controller had intimated the date .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-10-2009
..... the state government was given three weeks time for taking necessary steps to implement the provisions of the juvenile justice (care and protection of children) act, 2000 as amended by 2006 act. inviting attention of the court to the copies of the various documents annexed to the writ application, being w.p. no. 22704(w) of ..... granted three weeks time to the state government for taking necessary steps to implement the provisions of the juvenile justice (care and protection of children) act, 2000 as amended in the year 2006. in the event of respondent authorities complying with the said direction, there would have been many more vacancies in the judicial ..... by the governor in accordance with west bengal civil service (judicial) recruitment rules as notified by no. 1713-j dated 31st march, 1951, as subsequently amended, after consultation with high court and the commission. rule 9 confers right of consideration for appointment of the qualified candidates whose names are forwarded by the .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-11-2009
..... an affiliated college of the parent university. this is further clarified if one has a look at the definition of autonomous college inserted in the act by way of amendment. it reads as follows:(2a) 'autonomous college' means an affiliated college recognized by the university and enjoying academic freedom to - (a) determine ..... guidelines. he also invited my attention to a letter dated 23.8.2009 written by professor probal chaudhuri, theoretical statistics and mathematics unit of the indian statistical institute, addressed to the vice-chancellor of the university who, inter alia, raised doubt in respect of implementation of the standardization procedure that the ..... otherwise, the decision of the university to follow the standardization method cannot be sustained for the reason following. section 22 of the calcutta university act, 1979 (hereafter the act) provides for exercise of powers and performance of duties as laid down therein by the syndicate of the university. clause (xix) of section .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-16-2009
..... of appeal, shall apply thereto. (3) 3[* * *]note.-for provisions as to commencement and application of the above amendments made by act 46 of 1999, repeal and savings provision, see section 32(2)(v) of the cpc (amendment) act, 1999 (act 46 of 1999), given in the appendices.(4) where, in any case in which any respondent has under this rule filed ..... there must be a competent appeal according to law against any part of the decree passed by the learned trial judge. in the proceedings arising out of the motor vehicles act of this nature, as pointed out by the supreme court in the case of r. mannakatti and anr. v. m. subramanian and anr. (supra), an insurance company ..... first we propose to take up the appeal for consideration.3. this appeal is at the instance of insurance company in a proceeding under section 163a of the motor vehicles act and is directed against an award dated 25th april, 2008 passed by the learned judge, motor accident claims tribunal, first court, purulia, in m.a.c. case no .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-23-2009
..... union of india. the seos were abolished from the year 1992 and no fresh registration had taken place from 1997. as per shipping merchant act amendment (2002) the scope of section 95 was amended and accordingly the seos were to regulate and to control all those manning agents and issued licenses. rules to regulate the manning agencies were ..... the petitioner arbitrarily and illegally before completion of his voyage without his consent and permission of shipping master of port suez, egypt and indian consular. section 213 of the merchant shipping act, requires the master of the ship to maintain the official log book regarding recording of the conduct of the seamen at the time of discharge ..... for their employment as seamen as well as retirement of seamen from their employment. in terms of section 100 of the merchant shipping act, 1958, it is the duty of the master of every indian ship to enter into an agreement with every seaman whom he engages as a crew from any port in india. the agreement .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-23-2009
..... 18 years was dashed by 3018 dn. express train and killed and it was not a case of falling down from a train which attracted section 124a of the railways amending act, 1994. the applicant was, therefore, not entitled to get any compensation. at the time of hearing, the appellant alone gave evidence by asserting that she herself purchased ..... sambandha pandara sannadhi 44 ind app 98 at p. 103 : air 1917 pc 6 at p. 8 lord shaw observed as follows: a practice has grown up in indian procedure of those in possession of important documents or information lying by, trusting to the abstract doctrine of the onus of proof, and failing, accordingly, to furnish to the ..... the court cannot raise an adverse inference against a party withholding evidence in his possession. such a rule is inconsistent with illustration (g) of section 114 of the evidence act, and also an impressive body of authority. 12. even in the subsequent case of the supreme court in the case of vidhyadhar v. mankikrao and anr. reported in .....
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