Court : Kolkata Appellate
..... this decision, i hold, is not of helpful to the petitioner in respect of the matter under consideration, that is, amendment of the petition. the said decision deals with an act of insolvency and not an amendment. on the other hand, mr. chakraborty, learned advocate appearing on behalf of the opposite party has referred to the decisions of ..... award on the ground that the composition of the arbitral tribunal was in conflict with the provisions of part i of the said act. similarly, the decision of pirgonda hongonda patil (supra) lays down that the amendment taking away right accrued to party by lapse of time should not be permitted. 8. the time to see for ..... the facts and circumstances, i am of the view that this application is not maintainable at all. the learned district judge has, therefore, rightly rejected the application for amendment of the misc. case. accordingly, there is nothing to interfere with the impugned order. the misc. case shall proceed in accordance with law. 10. the revision .....
Tag this Judgment!Court : Kolkata Appellate
..... city civil court, tenth bench, calcutta. 2. the petitioner of that misc. case / opposite party herein instituted an application under section 73 read with section 74 of the indian trusts act before the learned chief judge, city civil court, calcutta for appointment of himself as trustee of the trust referred to in the said misc. case. 3. in that misc ..... failed to exercise the jurisdiction vested in him. 9. the revisional application succeeds. it is, therefore, allowed. the impugned order is hereby set aside.10. the application for amendment dated june 7, 2006 filed by the opposite party no.1 herein stands rejected. 11. considering the circumstances, there will be no order as to costs. 12. urgent xerox ..... not file the application at the earlier stage. 7. though the application of the opposite party has been converted into a misc. case since it was filed after amendment of the c.p.c. in 2002, it is to be seen whether the petitioner of the misc. case has shown that in spite of due diligence he .....
Tag this Judgment!Court : Kolkata Appellate
..... examination tendered the said agreement in evidence. the trial judge having found that the agreement had not been adequately stamped consistent with the provisions contained in the indian stamp act impounded the same in terms of section 33 thereof. the trial judge was of the view that the said agreement, having regard to the price at ..... no.3277 of 2009 for specific performance of contract and injunction. the petitioner prayed for a decree for specific performance of the said agreement along with its amendment made in june, 2007 and also for permanent injunction restraining the opposite parties from selling/transferring the suit property to any third party. trial of the ..... in (2002) 10 scc 427 (peteti subba rao v. anumala s. narendra) the law was reiterated in the following words : 5. chapter iv of the indian stamp act contains provisions regarding instruments not duly stamped. it is section 35 which falls under the said chapter which empowered the trial court to direct the party (who wants .....
Tag this Judgment!Court : Kolkata Appellate
..... of jharkhand and anr. reported in (2010) 3 scc (cri) 473. mr. basu also made available the petition for amendment in section 498 a ipc before the committee of rajya sabha to show that how the provisions of section 498 a ipc are being misused by the women. 8) mr. sudipta maitra, learned counsel for the opposite party no. 2 while strongly ..... but left the place along with the blank papers containing the signatures of megha. mr. basu expressed his doubt whether this fact constitutes any offence under section 384 of ipc against the petitioners or not. 7) in support of his submission that in a proper case high court should exercise its inherent power under section 482 and quash proceeding, ..... .7.2009 and pursuant thereto a case being kalighat police station case no. 140 dated 26.7.2009 under section 498a/406/34 of indian penal code read with section 3 / 4 of the dowry prohibition act was registered. the accused no. 1 was arrested on 26.7.2009 and he was remanded to police custody till 3.8.2009. .....
Tag this Judgment!Court : Kolkata
..... defendant intended to contest the suit instituted by the plaintiffs, namely the present suit. having regard to the fact that the defendant, after obtaining the order of amendment of the cause title of the plaint, duly attempted to serve the same upon the surviving plaintiff and the surviving plaintiff deliberately refused to accept the service of ..... since deceased by virtue of a certificate in the form specified in schedule c underrule 6(2) issued by sri b.p.chatterjee, registrar under the hindu marriage act, 1955 having office at alipur, district south 24 parganas, certifying that a hindu marriage dated 19.12.1986 at 109,kalighat road, calcutta 26 solemnized between soumen ..... . d) declaration that the certificate in the form specified in schedule c under rule 6(2) issued by sri b.p.chatterjee, registrar under the hindu marriage act, 1955 having office at alipur, district south 24 parganas, certifying that a hindu marriage dated 19.12.1986 at 109, kalighat road, calcutta 26 between soumen roy .....
Tag this Judgment!Court : Kolkata Appellate
..... january 1999, the officials of the education department of the government of bihar were unaware of the amendment in the said rule until the accountant general, government of bihar, on a query being made to him by the director of secondary education, who is the head of ..... been produced before us, there is not an iota of doubt that officials of the state government, responsible for issuing resolution dated 18.12.1989, were ignorant of the amended provisions of the fr 22-c and it is their in ion, negligence and carelessness which has created all the chaos in the case on hand. further, until ..... judgment of the supreme court in case of shyam babu verma & ors. v. union of india & ors. reported in (1994) 2 scc 521 and union of india v. indian railways sas staff association & ors. reported in 1995 supp (3) scc 600.5. mr. bhudeb bhattacharya, learned advocate appearing for the state respondent submits that the writ petitioner having .....
Tag this Judgment!Court : Kolkata Appellate
..... singh the defendant no. 2, sarjan singh as much karta has succeeded to the above tenancy under the defendant no. 1.14. a meaningful reading of the amended plaint containing the paragraphs as quoted above, the plaintiffs/opposite parties sought to deny the title of the predecessor-in-interest of the petitioners contending that the said ..... of the plaintiffs/opposite parties. the said application was however contested by the original defendant no. 2 and 3 but was eventually allowed. in spite of the amendment being allowed whereby the claim of the joint tenancy was taken of by the original plaintiffs and was substituted by the claim of an exclusive tenancy of the ..... property in question, the petitioners shall be effected thereby.15. in view of the discussion as above i have no hesitation to hold that the trial court has acted illegally and with material irregularity in rejecting the application for addition of a party filed by the petitioner. thus the order impugned is set aside. the application .....
Tag this Judgment!Court : Kolkata
..... not unjustified in recommending sri yadav for appointment as head master therein. i have considered the decision in siliguri hindi high school (supra). considering the amendments incorporated in the management rules referred to above and also the observations in kiran subbha (supra), i am of the view that the said decision cannot ..... issued by the secretary to the government of west bengal, school education department, published in the kolkata gazette, notifying for general information of all concerned the amendments to the management rules. the salient features thereof are deletion of rule 33 and substitution of rule 32. after substitution, rule 32 reads as follows : 32 ..... my notice that the state government has made rules in terms of the provisions of the 1996 act detailing composition, powers, functions etc. of the committee of such institutions as is referred to in clause (c), as amended. in fine, the state government has not determined the status of the said institution being established .....
Tag this Judgment!Court : Kolkata Appellate
..... public servant within the meaning of section 21 of the indian penal code. this amending act also stipulates a validation clause under section 4. by application of said validation clause, the amendment made in the principal act by section 2 and 3 of the said amending act applying deeming provision, has been made effective from 10 ..... calcutta gazette extraordinary, part iii dated october 5, 2010. the amending act read such: amendments to the west bengal premises tenancy act, 1997 [full text] 1. the west bengal premises tenancy (amendment) act, 2010 [west ben act xxix of 2010] [with effect from 1.11.2010] [passed by the west bengal ..... pendency of present matter to pronounce judgement, a new development has cropped up due to amendment of west bengal premises tenancy act, 1997 by the west bengal premises tenancy (amendment) act, 2010 being west bengal act 29 of 2010. this amending act was notified vide notification no.1415-l dated 5 th october, 2010 published in the .....
Tag this Judgment!Court : Kolkata Appellate
..... set out below :-section 21 ipc clause (12) :- every person (a) in the service or pay of the government or remunerated by fees or commission ..... virtue of section 8 read with section 2(31) of the west bengal co-operative societies act, 1983, an offence under section 420 of ipc against him can not be tried by magistrate but a special court in view of west bengal criminal law (amendment) act, 1949.23. for better appreciation of the matter, the relevant provisions of the laws are ..... meaning under section 21 indian penal code by virtue of section 8 of the west bengal co-operative societies act, 1983;c) if so, whether he is to be tried for an offence under section 420 i.p.c. only by a special court as provided under section 4 of the west bengal criminal law (amendment act) act 1949, (act 21 of 1949).2. .....
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