Court : Kolkata Appellate
..... construction is warranted because otherwise the intendment of the legislature will be defeated and the class of tenants for whom the beneficial provisions were made by the mandatory and the amending act will stand deprived of them.7. 4. decision of miss santosh mehta v. om parkash and ors. reported in air 1980 sc 1664.8. by referring this judgment ..... said suit by filing a written statement. even it participated in the matter of amendment of the plaint by filing a written objection to the application for amendment of the plaint. but the petitioner did not take any step under section 7(1) of the act of 1997. for that reason, the opposite party filed an application under section 7 ..... (3) of the said act of 1997. it is only at that time when the petitioner .....
Tag this Judgment!Court : Kolkata Appellate
..... later at the instance of the plaintiff/landlord part 3(a) elaborating the justification of requirement of the suit shop room was added in the plaint by way of amendment.3. the respondent / defendant /tenant contested the suit by filing written statement followed by additional written statement denying material allegations of the plaint and contending inter alia ..... laws reported in (2000) 1 scc 644 (sub-inspector rooplal and another v. lt. governor through chief secretary) and 71 cwn page 302 (p. bhaskaran v. indian iron and steel co.) in both referred case laws the higher forum took the duty of lower forum regarding appreciation of evidence on record to avoid delay.22. mr. bhattacharjee ..... were framed.1. is the suit maintainable in its present form and prayer?2. is the notice under section 13 (6) of the w.b.p.t. act legal and valid?3. are the defendants habitual defaulter in payment of monthly rents in respect of the suit premises?4. has the plaintiff any reasonable requirements in respect .....
Tag this Judgment!Court : Kolkata Appellate
..... been transmitted to the government. since nothing happened after august 31, 2010, the petitioner has brought this petition. referring me to s.31a of the prisoners act, 1900 inserted by the prisoners (west bengal amendment) act, 1955 mr bandyopadhyay, counsel for the petitioner, has argued that when all the statutory conditions were satisfied for temporary release of the convict, the respondents should not ..... marriage of his daughter fixed for december 15, 2010. 2. the petitioners husband, convicted of offences punishable under s.302/34 ipc on august 10, 2006 and serving a life sentence, applied for his release under provisions of the prisoners act, 1900 read with the west bengal prisoners (temporary release) rules, 1956 for 30 days. 3. the superintendent of alipore central correctional .....
Tag this Judgment!Court : Kolkata Appellate
..... senior counsel, appearing for the plaintiffs/opposite parties that pursuant to the leave granted by the division bench of this honble court, as aforesaid, an application for amendment of the plaint was filed by his client and the said application was also allowed and nobody has challenged the propriety of the said order before any higher forum ..... . thus according to mr. banerjee, the pleadings of the amended plaint are required to be considered for ascertaining the application filed by the defendant no.1 for rejection of the plaint under order 7 rule 11 of the ..... in granting the relief for specific performance of contract in such a suit in view of the provision contained in section 14(3)(c) of the specific relief act, 1963. while expressing their prima facie view regarding the bar of law in granting relief for specific performance of contract in such a suit, their lordships also .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... year 1993 by way of amendment it has been made mandatory to give reason in support of such finding. if a court martial authority while pronouncing its finding is to give reason, then when the confirming ..... he was not accepting the finding of the gcm even on revision. it may be pointed out here that when the kukrety s case was decided at that time the amendment of rule 62 did not take place. at that time there was no provision for giving reason by the court martial authority while giving a finding. subsequently in the ..... as follows :- 152. powers of court-martial in relation to proceedings under this act. any trial by a court martial under the provisions of this act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code (45 of 1960) and the court martial shall be deemed to be a court within .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
..... informing his unit or authorities concerned. issues raised by the petitioner that the authorities by denying him to appear for a civil post is violative of the provisions of indian contract act and by such bond the fundamental right of the petitioner enshrined under the constitution has been violated is far fetched and not correct. 27. the allegation that the decision ..... avinash kumar vs union of india. (f) intention of the parties. air 1960 sc 953, para 13 : md. kamgarh vs jagdish (g) accrued right can not be taken away by amendment of rules with retrospective effect. (i) air 1987 sc 1858 , paras 10, 11 and 23 : kc arora vs state of haryana. (h) mere grant of an approval will not ..... ensure that a person serves the organization by hook or crook and never be relieved for accepting civil posts. he has also raised the issue of violation of the indian contract act. in this regard he prays that the court issue a writ in the nature of mandamus to allow his prayer and he be issued with a noc to .....
Tag this Judgment!Court : Kolkata
..... it was abetted by the husband-accused.the onus did not shift but law has been changed to some extent from this point for insertion of the amended section 113a of the evidence act. when the prosecution proves suicide within a period from seven years of marriage ceremony and cruelty committed by the husband or his relation the court may presume ..... suicide strikes the prosecution case at its root.24. on the other hand, ms. biswas, appearing as learned counsel for the state, referred to section 113a of the indian evidence act and submitted that the evidence of p.w. 1, p.w. 2 and p.w. 4 could very well establish the prosecution case. she submitted that there was ..... the case between sohan raj sharma v. state of haryana as reported in : (2008) 11 scc 215, mr. basu submitted the word 'instigate' in section 107 of the indian evidence act, which defines abetment of a thing, means to provoke, incite, urge on or bring about by persuasion to do any thing. the abetment may be by instigation, conspiracy or .....
Tag this Judgment!Court : Kolkata
..... of the doctor pw 13 (ashok kumar mondal) which was recorded by me. by then it was too late to amend the charge from under section 304 (part i)/34 ipc to one under section 302/34 ipc without the trial getting delayed further by recalling all the examined prosecution witnesses once again for their further examination in chief and ..... evidence on record, we do not think that the learned trial court was justified in convicting the present appellants for the offence under section 304 (part 1)/34 of ipc. the credibility of the vital witnesses further suffered a severe blow while they attempted to protect one particular accused namely satya ranjan mondal.54. in such circumstances, the ..... of milan mandir where he was also assaulted by the accused persons with bamboo. in his evidence in chief he stated that after leading the accused persons in such act of killing the two victims, accused manas saha went to his house, changed his dress and went to usthi police station in a motor cycle. being informed by .....
Tag this Judgment!Court : Kolkata
..... sell similar product/product in different trade name at lower price and offers quantity discount to any buyer outside cil, the same shall be intimated to cil for amending the contract price accordingly.02. in case it is found that the firm has sold explosives in the above fashion to any buyer outside cil at lower price ..... therein but it must be borne in mind that a decision is an authority for what it actually decides and not what can logically be deduced therefrom.31. in indian rocks (supra) while reiterating that writ remedy is ordinarily not available to enforce a contract qua contract, the court held that if the impugned action is arbitrary or ..... article 14 a writ petition may be held to be maintainable. the court considering the facts involved in the petition recorded a finding that the appellant corporation had acted unfairly.32. having regard to the facts that the petitioners were put on notice by cil before invocation of the pfc and that their objection/representation was given .....
Tag this Judgment!Court : Kolkata
..... 41. a bare perusal of the above particulars would not reveal that any empirical study had been undertaken to ascertain whether any indian company is engaged in the business of supplying air conditioned units for metro rail services or not and, if so engaged, whether ..... .03.2009 general consultant replied to all the queries.-----------------------------------------------------------------------------------18.03.2009 taking into account the queries and replies some amendments were made in the pq tender conditions. copy sent to chief representative, jica for concurrence. -----------------------------------------------------------------------------------25.03.2009 jica communicated its ..... threshold of a contract as distinguished from a breach of contract. it must be remembered that an article 12 authority cannot act unfairly or arbitrarily or unreasonably even while discharging contractual obligations and in appropriate cases, depending on the nature of violation and the .....
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