Court : Kolkata
Reported in : 2007(4)CHN822,2007CriLJ4150
..... just an afterthought.22. mr. moitra submitted that the judgment passed in the matrimonial suit is a judgment in rem as contemplated under section 41 of the indian evidence act and the finding made therein is binding upon the criminal court.23. attention of the court was drawn to the various observations made by the learned trial judge ..... law does not per se invalidate a legislation. if a provision of law is (sic) and subjected to abuse of process of law, it is for the legislature to amend, (sic) or repeal it, if deemed necessary. it was observed that 'it must be presumed, unless the contrary is proved, that administration and application of a particular ..... and ors. v. rukun-al-mulk syed abdul wajid and ors. reported in : [1963]3scr22 and this was in the context of section 41 of the indian evidence act. it was submitted that the observations made by the learned trial court in connection with the matrimonial suit literally wiped out the allegations made in the written complaint, which .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)3CALLT218(HC),2007(3)CHN551
..... -iii, no. 1163-l dated 14th july, 2003. by such amendment, section 204 of the municipal act was omitted w.e.f. 14th of july, 2003 ..... was specifically mentioned that section 204 of the west bengal panchayat act has since been repealed and as such, learned court was not justified in entertaining the application.10. the west bengal panchayat (amendment) act, 2003 is an act to amend the west bengal panchayat act, 1973. it was published in the kolkata gazette, extraordinary, part ..... the petitioner may be stated as follows.2. the opposite party/plaintiff, ram gopal manna filed application under section 204 of the west bengal panchayat act, 1973 against the petitioner/ defendant praying inter alia for a declaration that the election no. viii, kalaynpur constituency of kalyanpur gram panchayat is null and .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN760
..... 4. mr. tirthankar ghosh, the learned advocate appearing for the state submitted that section 401a of the kmc act starts with the non-obstante words 'notwithstanding anything contained in this act'. the section 401a was introduced after amendment in the k.m.c. act in 1993. section 401a(2) is important as it lays down that the offence under sub-section (1 ..... ) shall be cognizable and non-bailable, within the meaning of the code of criminal procedure, 1973. it is thus clear that the alleged offence section 401a of the k.m.c. act is ..... object of a section and the meaning of non-obstante clause.9. consideration of the abovestated sections of the k.m.c. make it significantly clear that the amendment was made to prevent unauthorised construction as such constructions were at rampant. that is why, punishment has been prescribed upto a limit of five years and the offence .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)3CALLT129(HC),2007(3)CHN416
..... a pre-trial imprisonment'.3. the division bench was of the view that a substantial question of law as to the constitutionality of the amendments introduced to ndps act, 1985, by the amendment act of 2001, has arisen in this case, which is of general public importance affecting the rights of the parties hereto and the society at ..... quantity of offending material was 'small quantity', 'commercial quantity or something in between. this is the effect of the rationalization of sentencing structure carried outby the amending act 9 of 2001, in section 27. a notification was issued on 9.10.2001, specifying in respect of 239 narcotic drugs and psychotropic substances, as to ..... social, political, or economic or all the three constituents joined together.31. the referee bench had quoted the statement of objects and reasons contained in the amendment act 9 of 2001 and such quotation finds place in paragraph 13 of the order of the referee bench. sentences appearing in the said statement of objects and .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)3CALLT606(HC)
..... agents of the parties under order iii and rule 2 of the civil procedure code. the learned counsels' power to settle the matter has remained untouched even after the amendment of civil procedure code, 1976. to draw support of this part of argument he has brought a decision of the supreme court reported in : air1991sc2234 . he says ..... to : air1963mp86 .23. thus, this contention also falls.24. this application succeeds. the defendant no. 3 is directed to execute and register deed of conveyance having joined indian express newspapers (bombay) limited, narimanpoint, mumbai - 400021, in favour of the applicant - plaintiff in terms of decree and order dated 17th march, 2004 as per draft ..... taken at the first available opportunity and if such plea is not taken by a litigant, on contrary the person concerned has accepted and/or acquiesced by act and conduct, decree on all earlier occasions, at later stage he or she cannot turn round taking different and contradictory stand. the fairness on the part .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN231
..... opposed the contention advanced on behalf of the petitioner. it is his submission that the petitioner cannot travel beyond the prayers made in the writ petition without amending the same and the court ought to confine itself to the prayers made in the writ petition. in this connection he cited the following decisions:1) : ..... allegation of defalcation of fund by the petitioner, giving rise to kaliaganj police station case no. 84/02 dated 3.7.02 under section 409 of the indian penal code and since criminal proceeding was pending on the charge of temporary defalcation alleged against the petitioner in the show-cause notice, the continuation of parallel ..... have participated in the proceeding and would have raised his defence on merit. if the petitioner had any doubt in his mind that the chairperson had not acted impartially or that by calling upon him to show-cause against dismissal/termination from service the issue had been prejudged/predetermined, the reaction would have been spontaneous. .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN339
..... the ratio of the decision of the supreme court in state of w.b. v. sadan kr. bormal (supra) which took into account the west bengal amendment of the said act which was not considered earlier, this question does not deserve any consideration and that apart a wrong whether perpetuated knowingly or unknowingly continues and it can be rectified ..... a notification no. 6614-2 all the judges of special court appointed under section 2(2) read with section 9(1) of the west bengal criminal law amendment (special courts) act, 1949 and functioning as such judges, were appointed as special judges in exercise of the power conferred by section 3(1) of the 1988 ..... case where offence was alleged to have been committed in the year 1987 when the prevention of corruption act, 1947 was very much in force and as such the special judge appointed under the west bengal criminal law amendment (special courts) act, 1949 was empowered and possessed with the jurisdiction to take cognizance and hold the trial in respect of .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)3CALLT36(HC),2007(3)CHN411
..... investigation for non-completion of investigation within the statutory period as envisged in the sub-section (5) of section 167 of the code of criminal procedure as amended by the west bengal amendment act of 1988, it is the duty of the magistrate to look into the records of investigation done during the statutory period along with extended period to ascertain ..... to the interpretation of section 167(5) of the code of criminal procedure as amended by the state of west bengal (west bengal act xxiv of 1988), which came into force with effect from 2nd may, 1989.2. the amended provision of section 167(5) of the amendment act of 1988 reads as follows:(5) if in respect of-(i) any case ..... triable by a magistrate as a summons case, the investigation is not concluded within a period of six months, or(ii) any case exclusively triable by a court of sessions or a case under chapter xviii of the indian penal code (45 .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)3CALLT560(HC),2008(1)CHN900
..... the suit or until further orders. pursuant to the recommendation of the law commission clause (c) was brought on statute by section 86(a)(b) of the amending act 104 of 1976 with effect from february 1, 1977. earlier thereto there was no express power except the inherent power under section 151 cpc to grant ad interim ..... petitioner is not entitled to any relief prayed for in the suit itself and as such the present revisional application should be dismissed.20. section 3 of the indian trusts act, 1882 is quoted below:3. interpretation-clause.-'trust'.-a 'trust' is an obligation annexed to the ownership of property, and arising out of a confidence reposed ..... counsel next submitted that the petitioner is having a vested interest in the suit property being the named trustee. reliance was placed upon a judgment reported at 38 indian appeals 54 [bhagabati barmanya and anr. v. kali charan singh and anr.). it was submitted by the petitioner's learned counsel that nalibala kayal and kalyani kumar .....
Tag this Judgment!Court : Kolkata
Reported in : 2009(1)CHN76
..... of issuing advertisement, holding interviews and recommending the names having been followed in accordance with the then existing rules prior to the enforcement of the amended rules the appointments made on the basis of the recommendation made by the public service commission could not be rendered invalid.22. the same principle ..... department is not concerned about 1050 point roster. according to the west bengal scheduled castes and scheduled tribes (reservation of vacancies in services and posts) act, 1976 this department is concerned about 100 point, and 50 point roster in the case of direct recruitment and promotional matter respectively.b) government of ..... the governor has been pleased to reserve 5% of vacancies in services and posts under the government of west bengal and statutory authorities constituted under any state act corporations in which 51% of the paid-up share capital is held by the state government, universities, colleges affiliated to the universities, primary, secondary .....
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