Court : Kolkata
Decided on : Jan-06-1998
Reported in : AIR1998Cal170,(1998)1CALLT278(HC),1998(1)CHN202,[1999]97CompCas99(Cal)
..... is submitted that the intention of the legislature must be to exclude any notice before grant of injunction under section 19(6). any other interpretation will amount to amending the statute. a reference may be made to the case of mahtnder singh gill, reported in : [1978]2scr272 where the supreme court observed, 'we have ..... of the application under section 19. the respondent no. 1 was also restrained from operating its several bank accounts in different branches of allahabad bank, uco bank, indian overseas bank, state bank of india. ad-interim orders of exparte nature of such blanket forms on a stereo-type recital of orders which manifestly bear insignia of ..... of the compass of the controversy as to be discerned from the relevant provisions of the connected statute. the recovery debts due to banks and financial institutions act, 1993 (act no. 51 of 1993) and the rules framed thereunder, this court proposes to deal with the aforesaid applications serially and the respective contentions of the .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-03-1998
Reported in : (1998)3CALLT209(HC)
..... notification runs thus:--'new delhi-2, the 1st november. 1956. s.r.o. in pursuance of clause (1) of article 239 of the constitution as amended by the constitution (seventh amendment) act. 1956 and all other powers enabling him in this behalf, the president hereby directs asfollows: where, by virtue of any order made in pursuance of article ..... wril petition it has been averred that cari is a registered society having its registered office at port blair and is under the control and supervision of the indian council of agricultural research, new delhi ucar, for short) which is also a registered society, being run by the authority ofthe central government. it may ..... those had been taken into account and the term 'industry' had been made more specific while making the coverage wider.22. now, under the amended provision as introduced by the amendment act of 1982 the term 'industry' stands redefined in section 2(j), as it now stands, in the following way:'industry' means any systematic activity .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-02-1998
Reported in : AIR1998Cal221
..... of kanji manji : air1963sc468 (supra) as relied upon by the trial court, was a case under the bombay rents, hotel and lodging house rates control act, (57 of 1947), (as amended by bombay act of 4 of 1953). in that case, by a deed of assignment dated february 28, 1947, five (5) persons took the suit premises as joint ..... defendant/appellant also alleged that the ejectment notice was bad in law and the suit as framed was also not maintainable.5. subsequently, the written statement was amended and in the amended written statement, it was stated by the defendant/appellant that manindra nath aditya, the father of the defendant/ appellant took tenancy of one room on the ..... morley v. bird, (1798) 3 ves 628. this principle has been adopted in section 106 of the indian succession act, 1925, replacing section 93 of the indian succession act, 1865 and a joint tenancy has been recognised in a gift by will of an indian christian, parsee and muslim in the cases of arakal v. domingo, (1911) ilr 34 mad 80; .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-20-1998
Reported in : (1998)2CALLT264(HC)
..... 53,230.40 from rs. 24,81,031.72. 16. on or about january 16, 1996 the petitioner filed their 'rejoinder' inter alia, praying for rejection of the 'amendment* petition enhancing the claim for additional amount, as aforesaid, and also preferred a 'counter claim* for damages on account of and/or due to 'delay' in and/or ..... machinery and the same included supply of imported components. under clause 6 of the contract 'the contract pricefor imported supplies are based on the exchange rate of $1 = indian rs. 13.13. the variation, if any, in the exchange rate during the contract period will be bsl's account.'53. the said contract also provided that after ..... sri suresh prasad. the erstwhile superintending engineer (machantcal-tender claims) department, bokaro steel city.on december 18, 1996 the notice under section 14(2) of the arbitration act, 1940 was despatched by this court to the petitioner's office at bokaro steel city, blhar.27. on december 20, 1996 the petitioner received a notice issued by .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-22-1998
Reported in : (1998)2CALLT215(HC)
..... of state of bombay v. r.m.d. chambarbauwals and another (supra) reported in : [1957]1scr874 .17. he has further contended that even section 30 of the indian contract act, 1872 provides that agreements by way of wager void but then it does not render unlawful a contribution made or entered into for or towards any bet price or sum ..... to life. it seems, the provisions of the west bengal act challenged in this writ petition, were introduced by way of an amendment by the west bengal act v of 1979. it would appear from the long title to the said 1957 act that the same was enacted initially to consolidate and amend the law relating to the prevention of gambling and the ..... insertion of the provisions mentioned above by the west bengal act v of 1979 does not amount to prevention of gambling. on the contrary this purport .....
Tag this Judgment!Court : Kolkata
Decided on : May-05-1998
Reported in : (1999)1CALLT509(HC)
..... to supplant some instructions. rules framed under a statute is legislative in character. the court has no jurisdiction to interfere therewith or to issue any direction to amend, alter, supplement or supplant the same as the same would amount to encroach upon the legislative powers of the executive. any such direction would be contrary ..... of central excise, meerut reported in : 1996(88)elt622(sc) .34. it is further will settled that the recommendation of the supreme court is not binding.35. in indian oil corporation ltd. v. municipal corporation and anr. reported in : [1995]3scr246 , it is stated :--'it is thus clear that the decision of this court in ..... with him. we cannot concede that this court is bound to follow it. it was delivered without argument, without reference to the relevant provisions of the act conferring express power on the municipal corporation to direct removal of encroachments from any public place like pavements or public streets, and without any citation of authority. .....
Tag this Judgment!Court : Kolkata
Decided on : May-13-1998
Reported in : 1998(2)ALD(Cri)900,1998(61)ECC17
..... a wide and diverse area of jurisdiction inasmuch as it regulates the procedure of trial not only of the large number of offences contained in the indian penal code but also in other acts and statutes which apply the code of criminal procedure or which are statutes in pari materia the code. having regard, therefore, to the very large ..... of law or procedure. previous to the code, the powers of revision enjoyed by the session judge or the district magistrate or the chief judicial magistrate through various amendments were rather limited whereas the power of the high court was wide and unlimited. apart from the revisional power the high court under the code of 1898 possessed an ..... accused-opposite party is without jurisdiction and a nullity. the same has to be recalled and cancelled.39. there is no such need to take any step to amend the high court's rule aforementioned for the reason of the application of the accused-opposite party for revision or setting aside of the order of the city sessions .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-11-1998
Reported in : (1998)2CALLT462(HC),1998(1)CHN236,1997CriLJ4148
..... article 226. 44. it is also settled law that the powers of the high court under article 227 cannot be taken away or barred by any legislation short of constitutional amendment nor can it be barred by providing that the decision of an inferior tribunal shall be final. incidentally, the case of state ofcujarat v. v.k. singhji reported in ..... court directed a complaint to be filed against a witness for giving false evidence under section 193 of ipc and was governed by sub sections (1) and (5) of section 479a of the old code. section 479a, as introduced by the amendment of 1955, overrides the provisions of sections 476 to 479 for the prosecution of a person for giving ..... 1968]3scr692 can be cited here in support of the above proposition. 45. now, when the high court finds that the inferior court, civil or crip1 minal, has not acted according to the mandate of law resulting in gross abuse of the process of the court, the extraordinary power of the high court under article 227 of the constitution can .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-1998
Reported in : (1998)3CALLT348(HC)
..... [1996]1scr730 , n.p.singh, j. speaking for the division bench held that the provisions of code of civil procedures were not applicable even before coming into force of 1976 amendment act in view of the decision of the apex court in babubhai v. nandlal reported in : [1975]2scr71 and held:--'if because of the explanation, proceeding under article 226 of the ..... advert to themselves the question as to whether the said provisions are mandatory or not.103. in maharajah moheshur singh v. the bengal government reported in 1859 (7) moor indian appeal 283, the judicial committee held:--'we do not say that there might not be cases in which a review might take place before another and a different judge; ..... been placed by mr. deb and mr. banerjee.102. in chhajju ram v. neki and ors. reported in air 1992 pc 112: 26 cwn 697: law reports 49: indian appeals 144. a bench of seven judges of the judicial committee was concerned with a question as to what is meant by a sufficient reason under order 47 rule 1 .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-02-1998
Reported in : (1999)1CALLT63(HC),1998(2)CHN276
..... 1981 shall not be operative in case of those primary teachers who are covered by the bengal (rural)primary education act, 1930 until the existing rule 4a framed under the said act of 1930 is suitably amended, and if already amended, the memorandum of 31st july, 1981 shall be applicable to them as well with all its force.'11. on ..... it was held :-- 'in this context, it may be remembered that the power of the state of specify a date with effect from which the regulations framed, or amended, as the case may be, shall come into force is unquestioned. a date can be specified both prospectively as well as retrospectively. the only question is whether the ..... permissible.' 83. reference in this connection may also be made to a recent division bench decision of this court in association of teachers in anglo indian school v. the association of aids of anglo indian school, reported in 1995(1) cal lj 351. 46. in any event the said order contains guidelines and such guidelines are binding upon the .....
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