Court : Kolkata
Reported in : 2008(2)CHN7
..... section (2) of section 18a made before the commencement of the west bengal land reforms (amendment) act, 1960 may be filed within ninety days of such commencement:provided further that the provisions of section 5 of the indian limitation act, 1908 shall apply to an appeal under this section.(emphasis supplied).(2a) every appeal pending ..... before any munsif at the commencement of the west bengal land reforms (amendment) act, 1970, shall, on such commencement, stand transferred to, and be ..... dealt with from the stage at which it was so transferred and shall be disposed of in accordance with the provisions of this act as amended by the west bengal land reforms (amendment) act, 1972.(2b) the collector may transfer any appeal, whether transferred to, or filed before him, for disposal to any officer .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CALLT367(HC),2008(1)CHN469,[2008(118)FLR162],(2008)IILLJ969Cal
..... in this connection and which observations are treated to be of no consequence by our present order.10. now it must be observed that by subsequent amendment to the act, section 7d was brought on the statute book by the legislature and a statutory remedy of appeal before the appellate tribunal was made available for challenging ..... 1st of october, 1992. on or about 23rd september, 1999 the then enforcement officer lodged complaints with the officer-in-charge under sections 406 & 409 of the indian penal code against the management for non-payment of provident fund dues. the petitioners filed writ petition no. 18936 (w) of 2000 in this court wherein this ..... amount within fifteen days of the receipt of the orders, failing which recovery action and proceedings for prosecution as provided under the act and the scheme framed thereunder and section 406/409 of the indian penal code shall be initiated without any further notice. the petitioners had challenged the orders on numerous grounds. the points of .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)2CALLT16(HC),[2008(119)FLR673]
..... and tarnished the image of the bank. these are gross misconducts in terms of para 19.5(j) of the first bipartite settlement dated 19.10.1966 (amended from time to time).20. statement of imputations in support of article of charge framed against shri bistupada das, peon (under suspension).i) while working at service ..... of a written complaint, hare street police station case no. 174 dated 22.3.1997 was lodged and after investigation, charge-sheet under section 396 and 397 ipc was submitted against the petitioner and other accused persons. these facts have been gathered from the judgment of the learned city sessions court (annexure p-2).7. ..... legislative enactment or service rule including rules made under article 309 of the constitution.(quoted verbatim)22. for the foregoing reasons, the respondents must be said to have acted totally illegally and therefore, the bar of alternative remedy, at this stage, will not apply against the petitioner.23. for the foregoing reasons alone, this writ .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN842
..... of india. it was held as under:5...though learned counsel for the respondent started by attempting such a justification by invoking section 12 of the indian police act he gave this up and conceded that the regulations contained in ch. xx had no such statutory basis but were merely executive or departmental instructions framed for ..... criminal case, being khejuri police station case no. 20/07 dated 17.03.2007 was registered against them under section 25/27/35 of arms act and 120b of the indian penal code. all the 10 persons are said to belong cpi(m).15. relying on these facts, elaborate submissions have been made by the learned ..... counsel for the petitioners mr. kalyan bandopadhyay. he has submitted that the action of the police is contrary to the legal provisions. the police have acted contrary to the provisions of the police act, 1861 as amended .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN442
..... [1996]1scr730 , n.p. singh, j., speaking for the division bench held that the provisions of code of civil procedure 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 (para 5 of air):if because of the explanation, proceeding under ..... under article 226 of the constitution of india we may at the very threshold take note of the fact that section 141 of the code of civil procedure as amended in 1976 excludes the applicability of said provision in a proceeding under article 226 of the constitution of india. it may be true that by reason of rule 53 ..... a.s. krishnan and anr. (supra) was annexed to the written note of argument. the said decision dealt with the offences under sections 468, 471 and 120b of the indian penal code in an appeal against the conviction under those sections and has no relevance.38. the case of bharat singh and ors. (supra), was cited in support of the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN298
..... extend to six months, or with fine which may extend to one thousand rupees, or with both.5. by the west bengal amendment act no. 42 of 1973, the offence under section 272 ipc has been punishable with effect from 29.4.1973 with imprisonment for life with or without fine with the proviso that the court may ..... (supra) it can be said that the west bengal amendment act 42 of 1973, whereby punishment under section 272 ipc was enhanced life imprisonment, is virtually repealed by the central amendment act 1976. in terms of the decision in t. barai (supra), central amendment act of 1976 repealed the west bengal amendment act of 1973 in its relation to enhancement of punishment under ..... same, i.e., the ingredients which constitute the two offences are the same. thus it can be said that the west bengal amendment act, 42 of 1973 enhancing the punishment under section 272 of the ipc can be said to have been impliedly repealed on the strength of the decision in t. barai (supra).16. mr. bhattacharjee .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN165
..... where he has to pay either the same or even a larger amount of court-fee than a landlord wanting to evict a tenant. that overriding purpose of the amending act, therefore, has to be respected and that is grant of relief to a person evicting a licensee on the ground of revocation or termination of his license. that ..... lawful possession of the suit property by virtue of his own right under the said agreement for sale dated 07.01.1967.4. it appears that the plaint was amended by the appellants subsequently, whereby it was pleaded that the said debi prasanna ghosh did not grant any receipt purported to be dated 12.01.1976 to the respondent ..... agents. that provisions under section 144 criminal procedure code had to be initiated and complaint was also made before the learned magistrate concerned under sections 143, 311 and 506 of the indian penal code. the appellants' case was that the defendants in the suit did not have any right to raise any construction or change the nature and character of the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN192
..... v. union of india and ors.). in the said judgment the hon'ble supreme court was looking into section 433a of the code of criminal procedure, as inserted by amendment act of 1978 and the legislative competence of parliament under article 246(2) to make laws with respect to any of the matters enumerated in list iii of schedule 7, especially ..... senior counsel has specifically relied on paragraphs no. 10, 11, 12, 13 and 18 of the said judgment. in the facts of that cese a major general of the indian armed forces was aggrieved with denial of promotion to the rank of lieutenant general only on account of adverse remarks made by a general on a particular date i.e ..... -picture c.r.s to numerics/work out an average to ensure an equal comparison.(iv) petitioner was recommended for award of 'ati vishisht seva medal' (avsm) by the indian ambassador to u.s.a. for extraordinary service rendered to the nation during pokharan-ii in 1998 and operation vijay in 1999. but the army hq held up the recommendation .....
Tag this Judgment!Court : Kolkata
Reported in : [2008]143CompCas44(Cal),[2009]96SCL233(Cal)
..... business name was not maintainable. upon such objection being taken, the hearing of the suit was adjourned for a fortnight during which the plaintiff applied for amendment. the amendment was allowed with some reservation but it was recorded in such order that the plaintiff would only be entitled to such relief as he would be entitled ..... by the companies that the proprietorship concern was non-existent upon the death of erach medhora and that the petitions were not maintainable. applications were made for amending the cause titles relating to the three petitions. the companies opposed the applications on the ground that the claim being the subject-matter of the petitions, would ..... pay rent to the plaintiff is an act within the meaning of section 25 of the indian partnership act, 1932, read along with section 2(a) thereof which reads as follows:2. in this act, unless there is anything repugnant in the subject or context,-(a) an 'act of a firm' means any act or omission by all the partners, or .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CompLJ314(Cal),[2008]84SCL239(Cal)
..... has been made or is made before or after the order for the winding up of the company, or before or after the commencement of the companies (amendment) act, 1960 (65 of 1960).531. fraudulent preference--(1) any transfer of property, movable or immovable, delivery of goods, payment, execution or other ..... to a tenant under section 10 without referring to section 32 thereof. under section 32(c) of such act any building the rent of which, as on the date of commencement of the andhra pradesh buildings (lease, rent and eviction) control (amendment) act, 2005, exceeds rs. 3,500 per month in areas covered by the municipal corporations in the state, ..... the provisions of the act would not apply. such provision is of some significance as the rent payable under the first lease of 28 .....
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