Court : Kolkata
Reported in : 2007(3)ARBLR531(Cal)
..... not the full extent of the offer which means the acceptance of the package deal, had not been absolute and unqualified, as required under section 7 of the indian contract act. therefore, under the law, there had been no absolute acceptance of the offer, leading to a settlement agreement.9. we shall assume for the sake of argument ..... court in the case of narayan prasad lohia v. nikunj kumar lohia and ors. reported in : [2002]1scr1136 (para 7 of arb. lr):the said act was enacted to consolidate and amend the law relating to domestic and international commercial arbitration and for matters connected therewith and incidental thereto. one of the objects of the said ..... act is to minimise the role of courts in the arbitration process. it is with this object in mind that section 5 has been provided. judicial .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN625
..... from the date of communication of such decision or order:provided that in respect of any decision or order passed before the commencement of the customs and central excises laws (amendment) act, 1988, the provisions of this sub-section shall have effect as if for the words 'six months', the words 'one year' were substituted.(5) any person aggrieved by ..... before the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the indian penal code (45 of 1860), the appellate tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the ..... bench of the allahabad high court was considering the scope of reference under section 66 (1) of the indian income-tax act, 1922. in that context, it was held that there could be only one order under section 33(4) of the act and that was the final order; all other orders previously passed by it will be the interlocutory orders .....
Tag this Judgment!Court : Kolkata
Reported in : [2007(113)FLR1090]
..... the application, dated 30 september, 2004. the petitioner in its objection took the stand that the said application is not maintainable since by virtue of the amendment through the corrigendum the original reference has been superseded which is not permissible in law and the said application was mala fide inasmuch as the same was intended ..... prevent disputes between employer and employees, so that production might not be adversely affected and the larger interests of the society might not suffer.10. another decision in indian oxygen ltd. v. workmen 1979 (1) l.l.n. 340, was referred to by the petitioner's learned counsel and the attention of this court ..... , operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purpose of any. proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, .....
Tag this Judgment!Court : Kolkata
Reported in : 2007ACJ1885,(2007)3CALLT16(HC)
..... under:sometimes an act of parliament, instead of expressly repealing words of a section ..... contained in a former act, merely refers to it and by oral applies its ..... substitution of any provision in the parent act is an age-old practice of english court wherein such is done by the statute revision act. the same procedure is followed in india by the repealing and amending act. said concept has been detailed in the book craies on statute law, 7th edn., indian reprint, 1999 at page 361 as .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN461
..... he belongs to 'bhuyan' tribe which is recognized as scheduled tribe under the constitution of scheduled caste and scheduled tribe order, 1950 as amended by the scheduled caste and scheduled tribes order (amendment) act, 1976.sd/-general manager (pers)disciplinary authority.2.1. in pursuance of that chargesheet, a full-fledged departmental inquiry was conducted against him ..... appreciate the official letter sent by a statutory body like the bsrb as obviously there would be a presumption under section 114(e) of the evidence act to the act performed by the bsrb in describing the petitioner to be belonging to the scheduled tribe category.16. the second conclusion is about the caste certificate and ..... except in a case of mala fides or perversity, that is, where there is no evidence to support a finding or where is such that no man acting reasonably and with objectivity, could have arrived at that finding. the court further went on to say that reappreciating of evidence or weighing the same like an .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2007Cal94,(2007)2CALLT238(HC),II(2007)DMC307
..... for dissolution of marriage. in view of subsequent event which occurred on filing of written statement by the wife, the respondent husband got his plaint amended incorporating the ground of mental cruelty and also desertion and asked for alternative relief for dissolution of marriage. in the written statement the wife alleged that ..... was placed to suggest that unsubstantiated allegations of poor conduct did, indeed, amount to cruelty within the meaning of section 13(1)(ia) of the hindu marriage act, 1955. mohinder kaur v. bhag ram was cited for the proposition that a false accusation of second marriage constituted cruelty. for what constitutes irretrievable breakdown of ..... apart the wife respondent as rightly contended by mr. lahiri and correctly found by the learned trial judge that the appellant on the other hand acted cruelly while making baseless and unsubstantiated allegations of bigamy. it is felt that such plea was taken specifically in the written statement and no attempt has .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN287
..... court on 3rd october, 2001 passed an ad interim order in the said interlocutory motion restraining descon from giving effect to the resolution, through which the amendment to the articles of association was sought to be introduced. the ad interim order of injunction was subsequently modified by his lordship by an order passed on ..... financial need of the company. it was submitted the descon had undertaken several projects, including an agreement with railtel corporation of india ltd., an arm of indian railways for sale of their entire bandwidth in the eastern and north-eastern sector. it was contended that fund requirement of the company for the year ..... and its case has already been referred to the board for industrial and financial reconstruction (bifr), constituted under the provisions of sick industrial companies (special provisions) act, 1985 and the petitioner lacked funds necessary for acquiring the shares of descon, and they would not be able to fulfil the obligation arising out of the .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(1)CHN372
..... appropriate case.14. the observation of the supreme court in the case of g.s.r.t corpn. (supra) that 'we should remember that in an indian family brothers, sisters and brothers' children and sometimes foster children live together and they are dependent upon the bread-winner is killed of the family and if the ..... central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.10. the term 'legal representative' has not been defined in the motor vehicles act, 1988. the civil procedure code defines legal representative as under:'legal representative' means a person who in law represents the estate ..... the view taken by the gujarat high court is in consonance with the principles of justice, equity and good conscience having regard to the conditions of the indian society. every legal representative who suffers on account of the death of a person due to a motor vehicle accident should have a remedy for realization of .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(1)CHN401
..... port trust agreed to the revision when it was arrived at and started making payment therefor.24. the provisions of sections 59 to 66 of the act of 1890 as well as the amended provisions being sections 66a to 66n provided for the process of revision as well as the mode of recovery. however, the same could only be given ..... belonging to the port trust. such procedure for valuation was prescribed under the calcutta port act, 1890 (hereinafter referred to as the 'said act of 1890') which is still in force after undergoing several amendments including in 1895.4. under section 59 of the said act of 1890 procedure for fixing the annual valuation for the port premises was prescribed.5. ..... under section 60 of the said act of 1890, the port was to pay the sum payable as tax on the annual value .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2007Cal79,IV(2007)BC134
..... at any time applied:provided that where a nomination made whether before or after the commencement of the insurance (amendment) act, 1946 in favour of the wife of the person who has insured his life or of his wife and ..... 42. apart from the avowed purpose of the said act of 1949. section 45za appearing in part-iii-b, which was incorporated by an amending act of 1984, is restricted in its operation. such provision does not, as the act in which it appears cannot, direct the fate ..... is not an absolute bar to the grant of declaration nor does the proviso render the suit bad. courts have permitted plaintiffs to amend plaints to incorporate consequential reliefs. courts have also not permitted such a ground to be advanced by the defendant at a belated ..... is possible for the court to grant it lawfully the plaintiff must ask for the same either initially or by way of amendment so the issue of ability mentioned in the said section has to be determined with reference to the circumstances of a particular .....
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