Court : Kolkata
Reported in : AIR2007Cal260,2008(1)ARBLR83(Cal),(2007)3CALLT424(HC)
..... affect any provisions of the west bengal criminal law amendment (special courts) act, 1949 or the tribunals of criminal jurisdiction act, 1952:provided further that nothing in this act shall be deemed to confer any jurisdiction on the city sessions court to try any offence under the indian companies act, 1913 or deemed to affect the jurisdiction of the ..... have been amended and altered by section 39(2) of the arbitration act, which is no doubt an act passed by the governor general in legislative council.before we ..... of the governor general in council. it is not pretended that clause 15 has been expressly amended and altered so as to take away the right of appeal conferred by it in certain cases arising under the indian arbitration act. all that is contended is that, by necessary intendment, the clause should be deemed to .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)3CALLT226(HC)
..... sekhar basu appearing on behalf of the appellants submits that there was no charge of gang rape although the amendment of the section in this regard had already been effected, but, the learned trial judge framed charge under section 376/109 ipc and did not alter the charge at any stage of the trial. mr. basu contends that the sentence of ..... trial court was not justified in passing the order of conviction and sentence. mr. basu contends that accused sk. sablu against whom there is allegation under section 109 ipc allegedly assaulted the victim by fists and blows and considering this factual aspect of the case the learned trial judge was not justified in equating the case of sk. ..... her and at that time she had her school dress - white saree with blue, border, jangia, saya and blouse. she has also stated that for the said illegal act of the accused kamrul, she sustained pain on her wrist of both the hands, bleeding injury on her upper lip and also bleeding injury inside her nose. it is also .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN345
..... kihota holohan case 1992 air scw 3497 (supra) declares the law as it was on the date of the coming into force of the constitution (fifty-second) amendment act, 1985. the action of the speaker in ignoring the stay order passed by the high court while passing the order dated february 15, 1991 cannot be condoned ..... disputed the aforesaid contentions and submits that the aforesaid submissions of the respondent authorities cannot be accepted since the same runs counter to section 6 of the said act ii of 1948 itself which contemplates release from requisition by the government.10. it has been argued on behalf of the appellants that in view of the ..... anr. v. b.e. billimoria and ors. reported in : air2003sc4368 , wherein the hon'ble supreme court in paragraphs 22 and 23 observed as follows:22. the said act being an expropriatory legislation is required to be construed strictly. [see dlf qutab enclave complex educational charitable trust v. state of haryana : [2003]2scr1 ].23. in bhavnagar university .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2007Cal207
..... context. in the case of shree vallabh glass works, the supreme court considered three of the four cases covered by section 2(1) as it stood prior to its amendment. the third case, the one that is relevant for our purpose, does not figure in the discussion at paragraph 7 of the report. further, the shree vallabh ..... construe and enforce a provision. fundamental rules of constitution require the fullest effect to be given to the ordinary meaning of the words contained in an act. the purpose of the act the other nuances that the ordinary words used are capable of and purposive construction come only if the plain words betray some ambiguity or the obvious ..... , remedial and other measures can be taken with respect to such companies and such measures can be expeditiously enforced. the statement of objects and reasons of the said act records, inter alia, as follows:the ill effects of sickness in industrial companies such as loss of production, loss of employment, loss of revenue to the central and .....
Tag this Judgment!Court : Kolkata
Reported in : I(2008)BC207,(2007)3CALLT89(HC),[2008]142CompCas394(Cal),[2007(115)FLR630],(2008)IILLJ511Cal
..... 1898) an offence relating to default in payment of contribution by the employer punishable under this act shall be cognizable.15. the provisions of section 14b of the employees' provident funds and miscellaneous provisions act, 1952, as amended by the 1988 amendment act, is also set out hereinbelow:power to recover damages.-where an employer makes default in ..... is clear that the parliament in its wisdom, while conscious of sica, it being a 1985 act, did not extend the immunity or exemption beyond what was allowed in terms of the said 1988 amendment. in the 1988 amendment act there is no provision for exemption of the liability of the employer to pay the statutory dues ..... judgment.2. these applications filed by the petitioners are directed against proceedings initiated by the provident fund authorities under the provisions of section 406 of the indian penal code. all the proceedings have been initiated by the said authorities, by filing of several f.i.rs with the naihati police station.3. .....
Tag this Judgment!Court : Kolkata
Reported in : [2008]145CompCas228(Cal)
..... hardly any substance. it is important to note that the aforesaid clause was introduced in section 3 of the act by an amendment made by west bengal act no. 46 of 1980. section 3 of the act provides for automatic termination of tenancy in respect of a government premises on the happening of certain contingencies. clause (i) contemplates the ..... of contingency cannot cut down the scope or content of other clauses of the same section or the main provisions of the act nor can the addition of the said sub-clause by way of a subsequent amendment whittle down or restrict the applicability or reach of the whole enactment. therefore, clause (ia) of sub-section (2) ..... of section 3 of the act cannot lead to an inference that the act under consideration can have application to residential buildings alone and not to .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)3CALLT401(HC),2007(3)CHN358
..... to be seen in the context of article 240(2) of the constitution which then stood as:article 240(2) any regulation so made may repeal or amend any act made by parliament or any existing law which is for the time being applicable to the union territory and, when promulgated by the president, shall have ..... , other than those that increasingly continue to slip out of the civil court's domain to reach specialized and so-called expert. tribunals. for one, the companies act, 1956 empowers the company court to receive an creditor's claim against a debtor company, subject, however, to the condition that the claim must be indisputable. similarly ..... appearing in article 240(2) was subsequently substituted by the expression 'any other law' by the twenty-seventh amendment in 1972. but nothing turns on such amendment.11. the said regulations were promulgated by the president 'to consolidate and amend the law relating to land revenue, powers of the revenue officers, rights and liabilities of the holders of .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN519
..... and to prove his innocence in the disciplinary proceedings. 9. that judgment was rendered upon considering the effect of the forty-second amendment and it was found that although on account of such amendment, it was no longer necessary to issue further notice to the delinquent employee to show cause against the punishment proposed and, therefore, ..... the advocate general, however, conceded that a review on the question of the penalty imposed may be filed by the employees. such review was rejected by the acting chief justice of the court and a second set of writ petitions followed, meeting the same fate as the first. the appeals therefrom were dismissed by the ..... order found no place for such issue.(d) the disciplinary authority did not afford the petitioner any chance of challenging the finding of 'break in service' and acted in violation of the principles of natural justice. this major argument was not alluded to in the impugned order.(e) the petitioner's application for regularization of .....
Tag this Judgment!Court : DRAT Kolkata
Reported in : I(2008)BC27
..... case he may not be.12. the petitioners seem to have questioned the legality of 'abatement', due substitution of the legal heirs of defendant no. 5, technicalities of amendment, denial of natural justice etc. in process of the proceedings before the d.r.t. as allegedly reflected in the orders passed by the presiding officer of the d ..... deceased-defendant after expiry of about ten months from the date of intimation of the death of defendant no. 5. (ix) bank failed to file amended plaint in time and moreover the amendment carried out in the application was not in proper form and without pleading reason for substituting the legal heirs of the deceased defendant no. 5, but ..... of the amount lying in the hands of garnishee without hearing the defendants and without complying with the provision of sub-section (13) of section 19 of the rddbfi act, 1993 and the said order of attachment is void. (iii) on 2nd september, 2002, the bank filed evidence of affidavit and also the original document in offence .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN363
..... meeting. the prescribed authrity shall, on receipt of the report, take action thereon as it may deem fit', was added by the west bengal panchayat (amendment) act, 1992 and thereby a provision was introduced for preparation of a report of such meeting by the observer and for intimation thereof to the prescribed authority who ..... the prescribed authority cannot take any step in furtherance of such resolution, though certain duties and/or obligation are imposed upon the prescribed authority under the act and the rules framed thereunder for running the administration of the gram panchayat through the upa-pradhan and/or by selection of pradhan during the period of ..... meeting matures. under such circumstances, this court held that the notice issued by the requisitionists for holding the said meeting on 23rd november, 2006 cannot be acted upon. the impugned notice dated 14th november, 2006 issued by the said requisitionist members was thus quashed, but a direction was given for holding a meeting .....
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