Court : Kolkata
Reported in : 2008(1)CHN582
..... and the teacher so appointed shall not be a teacher within the meaning of section 2(p) of the said act. consequently, rule 28(1) of the 1969 management rules was amended with effect from 1.11.1997 thereby stipulating that in an aided institution the managing committee shall, subject to provisions ..... government in accordance with the various circulars issued by the government. according to mr. banerjee, when the initial appointment is illegal according to the parent act and rules, the government by issuing notification cannot approve such illegal appointments.16. mr. ashok de, learned advocate appearing for the respondents/writ petitioners submits ..... judge that by merely issuing government instructions, illegal appointments cannot be regularized in this way. if the initial appointment is illegal according to the parent act and the rules, the government by issuing notification through the joint secretary cannot approve such illegal appointments. mr. banerjee also relies upon a judgment of .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN241
..... has not been set aside altogether by the appellate court but affirmed with a certain modification. when the original decree was modified by the appellate court, the petitioner amended his application for execution of the decree praying for appropriate reliefs vide order dated 01.07.2006 (as appearing from the application of the execution of the decree). ..... high court at calcutta and the said appeal was disposed of finally restoring the judgment of the trial court except that the application under section 4 of the partition act shall now stand dismissed as being premature. the respondent nos. 1 and 2 are at liberty to apply to the trial court if they so desire for ..... that they are entitled to purchase the 1/9th share of bivabati paul sold to the petitioner by way of pre-emption under section 4 of the partition act and the learned assistant district judge kept the pre-emption proceedings pending to be decided upon recording of evidence of the parties at a later stage. the plaintiffs .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)3CALLT97(HC),2008(1)CHN148,2008CriLJ276
..... who have been caught abstracting electricity in a clandestine manner on more than one occasion. the legislature may consider incorporating this suggestion as a form of punishment by amending section 39 of the indian electricity act of 1910.25. i am of the further opinion where in a case during police investigation a person is found to have committed any offence made punishable ..... of criminal procedure, a question arises for decision whether such amendment would be applicable in the instant case i.e. in a pending case operating retrospectively.12. mr. kumar jyoti tewari, the learned counsel appearing on behalf of the petitioner vehemently contended that the provisions of section 151 of the indian electricity act, 2003, as it was originally stood not only prescribes a .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN530
..... 'concerned respondent authorities from imposing the provisions of west bengal school service' commission act, 1997 and the amendments' made there under to school/institutions in the hill areas of darjeeling.3. the appeal mentioned above was also preferred by education secretary, hill ..... the hill areas of darjeeling are established and administered by the linguistic minorities and as such the provisions of west bengal school service commission act, 1997; and the amendments there under are not applicable in the hill areas of darjeeling;(c) writ/writ in the nature of mandamus be issued thereby restraining the ..... council by virtue of notification dated march 16/89 and 18th september, 1996. the west bengal school service commission act, 1997 came into force in 1997 and hill region was excluded by the amendment made in 1998. all such executive powers relating to education would otherwise be transferred to school service commission but .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2008)112ITD57(Kol.)
..... with effect from 1.04.2004 and the special bench, chennai in the case of kwality food products reported in 100 itd 198 has held that such amendment by the finance act, 2003 is retrospective in nature. however, the hon'ble chennai high court in the case of cit v. synergy financial exchange ltd. (supra) has ..... in the prescribed form indicating the amount received in foreign exchange, its conversion into indian currency and such other particulars as may be prescribed. [(3) - for the purposes of sub-section (j), profits derived from services provided to foreign tourists shall ..... and dealings in foreign exchange). (2a)- every person making payment to an assessee referred to in the explanation [1] to sub-section (2) out of indian currency obtained by conversion of foreign exchange received from or on behalf of a foreign tourist or a group of foreign tourists shall furnish to that assessee a certificate .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2008)115TTJ(Kol.)45
..... w.e.f. 1st april, 2004 and the special bench, chennai in the case of kwality milk foods ltd. v. asstt cit has held that such amendment by the finance act, 2003 is retrospective in nature.however, the hon'ble madras high court in the case of cit v. synergy financial exchange ltd. (supra), has held that ..... foreign tourist or a group of foreign tourists shall furnish to that assessee a certificate in the prescribed form indicating the amount received in foreign exchange, its conversion into indian currency and such other particulars as may be prescribed. (3)--for the purposes of sub-section (1), profits derived from services provided to foreign tourists shall be ..... of the above section 80hhd, the assessee should fulfill the following conditions to be entitled to deduction prescribed in the above section: (i) the assessee should be an indian company or a person resident in india; (ii) the assessee should be engaged in the business of a hotel or a tour operator approved by the prescribed authority .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN712,[2008]143CompCas551(Cal),(2008)4CompLJ305(Cal)
..... and rely on paragraphs 30 and 31 of the report. in that case, the supreme court was considering a reference under section 66(1) of the indian income-tax act, 1922 and the questions that can be considered in a reference. in the summary of the conclusion recorded at paragraph 31 of the report, it appears that ..... would have applied even if there was no specific mention thereof.7. the contesting respondents, the petitioners in the company law board proceedings, submit that the amendments sought to be incorporated were on questions of fact and the company law board was satisfied that such questions needed to be answered. the company law board gave ..... to what transpired before the company law board. as to the reasons for the order, regulation 46 of the company law board regulations is cited and the amendment application has been allowed 'to consider real controversies between the parties and to avoid multiplicity of litigation.'3. without meaning any disrespect, that is the conclusion and .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CALLT1(HC)
..... and rely on paragraphs 30 and 31 of the report. in that case, the supreme court was considering a reference under section 66(1) of the indian income tax act, 1922 and the questions that can be considered in a reference. in the summary of the conclusion recorded at paragraph 31 of the report, it appears that ..... would have applied even if there was no specific mention thereof.8. the contesting respondents, the petitioners in the company law board proceedings, submit that the amendments sought to be incorporated were on questions of fact and the company law board was satisfied that such questions needed to be answered. the company law board gave ..... to what transpired before the company law board. as to the reasons for the order, regulation 46 of the company law board regulations is cited and the amendment application has been allowed 'to consider real controversies between the parties and to avoid multiplicity of litigation.'3. without meaning any disrespect, that is the conclusion and .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN351
..... on the basis of police report submitted under section 173 of the code of criminal procedure.17. this leads to the question whether electricity (amendment) act, 2007 amending section 151 of the principal act shall have prospective or retrospective effect.18. it is contended by the learned advocate appearing for the opposite party no. 2 and also learned ..... question of substantive law. but in what court he must institute proceedings is a question of procedural law.'29. i have already pointed out that by the amending act of 2007 the procedure as to taking cognizance on police report submitted under section 173 of the code of criminal procedure was effected and, as such, it ..... terms of section 173 of the code of criminal procedure by the police officer conducting investigation.12. the insertion of the word in section 151b of the amending act that the offence punishable under section 135 to section 140 or section 150 shall be cognizable and non-bailable, gives clear indication about the power of the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN827
..... , rather, only to complicate the issue and to avoid the available relief made to them through legislative amendment, they approached the civil court and when we look at section 44 incorporated in the act of 1997, we have no option, but, to come to the conclusion that the civil court shall have no jurisdiction on a matter over ..... 1997, but, only glaring difference and distinction between the two acts appears to be that of insertion of section 44 subsequently in the parent act of 1997 through an amendment of 2005.9. mr. chatterjee contends that both in the old act of 1956 and also in the new act of 1997, the legislature in its wisdom vested the controller with ..... the necessary power of civil court like exercising power under sections 151 and 152 of the code of civil procedure and although by subsequent amendment of 2005, legislature omitted the power of .....
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