Court : Kolkata
Reported in : 2007CriLJ2502
..... , the same shall not attract the penal consequences of section 138 of the negotiable instruments act, if accepted would completely frustrate the very object of insertion the said provisions by banking, public financial institutions and negotiable instrument law (amendment) act, 1988. in any event, this is not a case of drawing of a cheque ..... compensation in consequences of conviction. the conviction entails imposition of sentence unless imposition of sentence is kept in abeyance by operation of law. the negotiable instruments act provides for sentence of imprisonment and sentence of fine. the compensation is not the part of any sentence neither it is a substitute of sentence but ..... aforesaid judgment and order of the appellate court.2. the trial of the petitioner was held on a charge under section 138 of the negotiable instruments act before the learned sub-divisional judicial magsitrate, alipore, south 24-parganas in connection with the case no. c-914/2000, on the following allegations.the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2007)108TTJ(Kol.)774
..... conveyance was pending, though possession was transferred on payment of actual consideration. this was included in definition of 'owner' consequent to amendment in section 27. but, since the facts of this case are different from the present assessee's case inasmuch as the ..... house within the premises and supplied the power to the tenants. it also maintained a separate water pump-house and a boiler for the supply of hot and cold water to the tenants. the company provided electric lifts for the benefit of the ..... also included charges for services provided by the appellant.scindia potteries (p) ltd. v. cit (supra) and in the case of indian overseas bank ltd. v. cit (supra), referred to by the learned cit(a), he submitted that these decisions are also not ..... , one part being treated as rent and the other as "income from other sources" taxable under section 12 of the it act, 1922. the tribunal held that the second part was assessable as income from business under section 10. neither the department .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN407
..... petitioner was subsequently advised to include necessary pleadings and incorporate an alternative prayer of divorce under section 13 of the hindu marriage act.4. mr. sen emphatically submitted that such amendment does not seek to change the nature, scope and object of the suit. rather, it is necessary for effective adjudication of the controversy between ..... the parties. referring to the decision in the case of punjab national bank v. indian bank as reported in : [2003]3scr836 , he submitted that there had been no attempt to change the nature, scope or object of the suit by way of amendment.13. referring to the decision in the case of pankaja and anr. v. ..... of justice. the court is also required to adopt liberal and not a hyper-technical approach particularly where the other side can be compensated with cost. amendments are generally allowed in order to avoid multiplicity of proceeding. but certainly one distinct cause of action cannot be substituted for another nor the subject-matter of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2007Cal191,(2007)2CALLT627(HC),2008(1)CHN412
..... as arrears of land revenue. the deliberate choice of the word 'suit' in the circumstances would indicate that parliament intended to limit the ambit of the amendment introduced to particular modes for the recovery of money or enforcement of guarantees.29 **************30. we have been unable to find a corresponding reason for widening ..... holding that protection of guarantors of loans to a sick company is an object of the 1994 amendment which object must colour our interpretation of the amendment. till 1994 no protection was afforded to the guarantors under the act at all. a limited protection has been given in 1994. the expression used being clear and ..... was extended credit facilities by the indian bank. the petitioners stood as guarantors to the credit facilities sanctioned to the company. by virtue of loss suffered by the company, on or about 12-12-2006 a reference was made under section 15(1) of the sick industrial companies (special provision) act, 1985, (hereafter sica) before .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)3CALLT4(HC),2007(4)CHN593
..... petitioners to submit return and pay cess according to purported assessment of cess made therein under textiles committee act, 1963 as amended by textiles committee (amendment) act, 1973 and the rules framed thereunder and/or purported proceeding relating thereto and to act in accordance with law;b) a writ of and/or order and/or direction in the nature of ..... from excise duty, it ceases to be excisable goods.18. apart from the aforesaid consideration, by and under textiles committee (amendment) act, a cess is to be levied and collected for the purpose of the act as a duty of excise on all textiles and textile machinery manufacturing in india on ad valorem basis at the rate ..... to and/or in furtherance of the said purported notices being annexures p-2 and p4 to this petition issued under the textiles committee act, 1963 as amended by the textiles committee (amendment) act, 1973 and the rules framed thereunder directing the petitioners to submit their return and to pay cess under the said .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN44
..... only issue which arises for determination is whether the corporation is justified in not disposing of the applications for renewal of certificates of enlistment in view of the amendment act of 2006.9. be it recorded that since a pure question of law is involved in the present petition, learned counsel for the parties agreed to ..... petition was filed at a time when the provisions of the calcutta hackney-carriage act, 1919 (hereinafter the act of 1919) governed plying of rickshaws on the city roads of kolkata. now that it has been amended by the calcutta hackney-carriage (amendment) act, 2006 (hereafter the act of 2006), there has been a change in the cause of action and ..... of the writ petition.7. in course of argument, learned junior standing counsel was requested by this court to obtain instruction as to whether apart from amendment of the act of 1919, any statutory prohibition had been imposed by the state on plying of rickshaws or not. learned counsel very fairly brought to the notice of .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)3CALLT436(HC)
..... order dated 1st september, 2005, the decision of the governing body of the indian council of medical research (hereafter the said council) approving amendment in the said rules, in so far as the same related to the said post, was notified. the amended rule provides as follows:method of recruitment to cadre:selection-i recruitment by promotion5a- ..... be said to have an enforceable legal right to claim that the subsequent rating as 'good' should have been communicated and that in absence thereof, it cannot be acted upon. the contention thus stands rejected.18. there is another reason for which this court is unable to accept the contention. the petitioner had been awarded 'good ..... process of selection for appointment to the said post, he suffered prejudice. it is his contention that unless the downgrading was communicated, the same could not have been acted upon. in this connection, learned counsel has relied on a decision of the apex court reported in : u.p. jal nigam and ors. v. prabhat chandra .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)2CALLT370(HC)
..... the effect of bringing the courts into disrepute, it would, in my view, be appropriate for the concerned authorities to consider appropriate amendments to the act so as to bring within the compass of the act contemtps with the aid of provisions of sections 34 and 114 of the penal code.22. in our view, the said decision ..... and the inspector-in-charge of the local police station. we have already pointed out that at least the offence under sections 340 and 141 of the indian penal code was prima facie established from the complaint at the instance of the office of the learned district judge and those were cognizable offences. the district ..... offence, he did not feel the necessity of starting any case for investigation by intentionally overlooking the provisions at least contained in sections 340 and 141 of the indian penal code and the consequent sections providing punishment thereof which are quoted below:section- 340: whoever wrongfully restrains any person in such a manner as to prevent .....
Tag this Judgment!Court : Kolkata
Reported in : 2007CriLJ1955
..... the effect of bringing the courts into disrepute, it would, in my view, be appropriate for the concerned authorities to consider appropriate amendments to the act so as to bring within the compass of the act contempts with the aid of provisions of sections 34 and 114 of the penal code.22. in our view, the said decision ..... and the inspector-in-charge of the local police station. we have already pointed out that at least the offence under sections 340 and 141 of the indian penal code was prima facie established from the complaint at the instance of the office of the learned district judge and those were cognizable offences. the district ..... offence, he did not feel the necessity of starting any case for investigation by intentionally overlooking the provisions at least contained in sections 340 and 141 of the indian penal code and the consequent sections providing punishment thereof which are quoted below:section 340 : 'whoever wrongfully restrains any person in such a manner as to prevent .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)2CALLT331(HC)
..... in star paper mills (supra) the supreme court while considering several judgments held as follows:7. except for a period when article 226 was amended by the constitution (42nd amendment) act, 1976, the power relating to alternative remedy has been considered to be a rule of self imposed limitation. it is essentially a rule of ..... against public good. such a clause, therefore, is opposed to public policy and being opposed to public policy, if is void under section 23 of the indian contract act.(emphasis supplied)16. though in brqjo nath (supra) apex court was considering whether rule 9(i) - a clause in a contract of employment, was opposed ..... however, there were exceptions. in whirlpool corporation v. registrar of trade marks, mumbai and ors. reported in : air1999sc22 and in harbanslal sahania and anr. v. indian oil corporation ltd. and ors. reported in : air2003sc2120 the apex court had held that self-imposed restrictions were not applicable where the order under challenge was without .....
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