Court : Kolkata Appellate
..... plaint and contending inter alia that the suit was not maintainable and the suit was barred under the relevant provisions of specific relief act and also under article 30 of the indian constitution and section 80 of c. p. c. the service of plaintiff was controlled by an agreement and that the service of ..... and retirement benefits with interest. mr. chakraborty, learned advocate for the appellant, has submitted that the suit was converted into a money suit by way of amendment by claiming retirement benefits with interest and that respondent /plaintiff should have been asked to pay additional court fees on total computation of arrears salary, provident ..... benefits with interest came under consequential reliefs and hence no additional court fee was required to be paid.29. it is true that by way of amendment respondent/plaintiff claimed not only arrear salary with interest but also retirement benefits including provident fund, gratuity etc. with interest as the consequential reliefs. the .....
Tag this Judgment!Court : Kolkata Appellate
..... after the order vii rule 11 application was filed that the plaintiff/opposite party no.1 grew wiser and filed the application under order vi 3 rule 17 for amending his plaint by asserting that he is in possession of the suit properties. according to him, the learned judge committed gross error of jurisdiction in not allowing the ..... must be traceable in the plaint. all that is required is expression through words, in whatever form but not creating illusion of cause of action, that conveys the alleged acts and deeds of the defendant which, if established, would entitle the suitor to a decree declaring his right to property or title to a legal character under section 34 ..... of the act. in such case, the spirit and substance must prevail over the letter and form. 12. question as to whether a suit for specific performance is liable to fail .....
Tag this Judgment!Court : Kolkata Appellate
..... request to kolkata wherefrom the petitioners, accepting the request, extended the bid validity period. 11. mr pal has argued that since the object of the 15th constitution amendment (in response to indication of the supreme court in lt. col. khajoor singh v. union of india & anr., air 1961 sc 532), inserting the concept ..... very impressive arguments of counsel for the parties and disrespectful to the formidable authorities cited by them, if i say that in view of my decision in heiza boilers that i gave after considering the supreme court decisions in state of rajasthan & ors. v. swaika properties & anr., air 1985 sc 1289, oil & natural ..... ) ltd. v. commr., ulhasnagar municipal corporation & ors., (2000) 5 scc 287 (importance of earnest money deposit and consequential effect in determining responsiveness); pradeep kumar biswas v. indian institute of chemical biology, (2002) 5 scc 111; om prakash srivastava v. union of india & anr., (2006) 6 scc 207 (forum convenience is not the correct approach .....
Tag this Judgment!Court : Kolkata Appellate
..... such detailed facts are necessary for proper adjudication of the matter in dispute between the parties pending before the learned additional district judge, burdwan. that application for amendment of the plaint was allowed on contest. being aggrieved, this application has been preferred by the wife.3. mr. bhattacharya, learned advocate appearing on behalf of ..... going through the materials on record, i find that the husband/opposite party herein has instituted the said suit under section 11 of the hindu marriage act contending, inter alia, that the marriage between the parties held on march 2, 2005 is null and void owing to the fact that the respondent/ ..... the plaintiff/opposite party herein instituted a matrimonial suit being mat. suit no.2525 of 2006 against the petitioner herein under section 11 of the hindu marriage act before the family court at chennai. thereafter, the petitioner filed an application under section 25 of the code of civil procedure before the honble supreme court .....
Tag this Judgment!Court : Kolkata
..... notice inviting tender, nor the tender documents or the brochure of ministry of survey and transport and indian roads congress standard specification was considered. isi code relied on by the arbitrators was not contemplated and nowhere either by amendment or otherwise was the isi code incorporated. therefore the findings in respect of claim no.5 is ..... such calculation existed and no change was being effected therewith the correction cannot be faulted. 6.11 although the non-applicability of section 55 of the contract act has been espoused but the same cannot be accepted as the extension was granted without any objection raised. in fact sums retained on account of liquidated damages ..... counter claim are based on the finding that no liquidated damages were levied. time was the essence of the contract and section 55(iii) of the contract act, 1872 was inapplicable as no notice was given and liquidated damages were released to meet the financial crunch. 2.3 clause 53 contemplated issuance of an .....
Tag this Judgment!Court : Kolkata Appellate
..... penal statutes of the states in u.s.a. framed after furman v. georgia, in general, and clause 2 (a), (b), (c), and (d) of the indian penal code (amendment) bill passed in 1978 by the rajya sabha, in particular, dr. chitale has suggested these aggravating circumstances :aggravating circumstances : a court may, however, in the following cases impose ..... age of the accused. if the accused is young or old, he shall not be sentenced to death.(3) the probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to society.(4) the probability that the accused can be reformed and rehabilitated. the state shall by evidence prove that ..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.in the case of gambhir vs. state of maharashtra [air 1982 supreme court 1157] it was observed as follows :the .....
Tag this Judgment!Court : Kolkata Appellate
..... police station case no. 557/09 dated 22.08.2009 under section 143/341/186/353/323/379 read with section 188 of the ipc. two days thereafter the present applicant also lodged another complaint on 24.08.2009 in the same police station alleging, inter alia, that ..... english bazar police station case no. 557 of 2009 dated 22.08.2009 under section 143/341/186/353/323/379 read with section 188 ipc and he is the real complainant within the meaning of section 2(d) cr.p.c. which is defined as under: 2(d). ..... i hold that there is sufficient merit in this application which is accordingly allowed. the petitioner is directed to amend the cause title of the revisional application impleding the applicant as the opposite party no. 3 and is also directed to serve copy of the ..... amended application upon the newly added opposite party no. 3 so as to enable her to take part in the hearing of the .....
Tag this Judgment!Court : Kolkata Appellate
..... provat kumar das, mongal chandra chanda, tapan kumar ghosh, lal sk. and laxman hazra and sentenced them for committing offence under section 147, 448, 427 and 323 ipc to pay fine of rs. 300/- each, in default to suffer simple imprisonment for one month. the three convicts, namely, sunil kumar das, jitendra kumar das and ..... p.s. on 30.09.1987 which was registered as nanoor p.s. case no. 8 of 1987 under sections 147/248/427/323/359/379 of ipc. after investigation charge sheet was submitted against the aforesaid three opposite parties and others and after conclusion of trial the learned judicial magistrate, bolpur convicted seven accused ..... these cases the honble apex court was 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, .....
Tag this Judgment!Court : Kolkata Appellate
..... application under the facts and circumstances of the case. according to him in the referred case law there was application filed by the defendant/tenant praying for amendment of written statement for bringing on record some subsequent events which was ejected by appeal court on ground of latches and that on that score honble apex ..... was duly terminated by a notice to quit. it is also not disputed that appellant tenant got protection against eviction for default under section 17(4) of the act and that the suit of ejectment was decreed only on the ground of reasonable requirement.10. mr. d. n. batabyal, learned advocate for the appellant/tenant, ..... of reasonable requirement. learned trial court allowed defendant/tenant to avail the protection against eviction for default under section 17(4) of the west bengal premises tenancy act, 1956. according to him other alleged grounds of eviction as made out in the plaint were not established.5. defendant/tenant preferred an appeal being title appeal .....
Tag this Judgment!Court : Kolkata Appellate
..... a party) following the aforesaid decisions of the supreme court held that the vacancy which arose prior to the commencement of the west bengal school service commission (amendment) act, 2008 and the west bengal school service commission (selection of persons for appointment to the post of non-teaching staff) rules, 2009 should be governed by ..... lady attendant in the concerned school arose on 31 st may, 2006 i.e. prior to the commencement of the west bengal school service commission (amendment) act, 2008, the west bengal school service commission (selection of persons for appointment to the post of non-teaching staff) rules, 2009 and the west bengal ..... schools (control of expenditure) (amendment) act, 2008, by applying the aforesaid ratio settled by the supreme court in y.v. rangaiah & ors. (supra), state of rajasthan vs r. dayal & ors. .....
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