Court : Kolkata
..... distinguishable on facts. on reading of the order dated 10th may, 2006 the application of judicious mind is evident. air 191.calcutta 586 is distinguishable on facts as therein amendment of decree was sought in a case of misdescription. air 200.sc 409.was not a case of accidental error and therefore, is distinguishable as the trial court has ..... therefore all that was left to be done by the applicant was to prove its counter-claim which admittedly was not proved as under section 352m of the 1958 act payment can be made only if the claim is established. in the order dated 10th may, 2006 the rejection of the counter-claim has been stated in no uncertain ..... decree drawn up or from the date of receipt of notice, which is in 2008. therefore, limitation will also run on and from 2008. article 123 of the limitation act, 1963 deals with judgments. the admiralty rules of this high court and in particular rule 51 makes the code of civil procedure applicable to all suit proceedings. therefore, documents .....
Tag this Judgment!Court : Kolkata
..... for sale; iii) none of the receipts relied upon by the defendant reflects any intention of delivery of possession/construction possession; iv) in view of amendment in the stamp act and regulation act, a plea of post peformance in absence of a registered document is not tenable. in view thereof, the defendants/tenants suit for specific ..... is that common matters in issue in two suits ordinarily be decided in a previously instituted suit. the object of the prohibition contained in section 10 is considered in indian bank vs. maharashtra state co-operative mrketing federation ltd., reported in (1998) 5 scc 69. the honble supreme court at page 72 of the said ..... whereof are set out hereinbelow:- 12. the plaintiff thereafter was surprised to receive a notice dated 21st february, 2011 purportedly under section 106 of the transfer of property act in respect of the suit premises, a copy whereof is annexed hereto and marked with the letter e. the said notice is illegal, null and void for the .....
Tag this Judgment!Court : Kolkata
..... joint manager (cont.) dated 23.8.1994 shows that nit was floated in the newspapers for movement of stocks ex. bihar to different destination in north east zone and sikim. amended tender form was duly floated by zonal manager (legal) and finance. it was mentioned in the notes of a.k. bhattacharjee that the date for receipt of tender was fixed ..... . 3 of 2001 arising out of crime no. r.c. 52/07-cal dated 28.11.1997 under sections 420/120b of the indian penal code read with section 13(2) and 13(1) (d) of prevention of corruption act pending in the court learned judge, special court no. 5 at calcutta. 2) one r. a. prasad, deputy zonal manager, f. ..... who filed a charge-sheet against them for prosecuting them under section 420/120b and under section 13 (2) read with section 13 (1) (d) of prevention of corruption act. out of the accused mentioned above asish kumar bhattacharjee filed an application before the learned special court under section 239 cr.p.c. praying for his discharge from the case .....
Tag this Judgment!Court : Kolkata
..... ) the property is situated in maharashtra. section 52 of the transfer of property act, 1882 was amended by the bombay amendment act of 1939 so as to affect its operation in maharashtra. that amendment says that only if the suit instituted by a party is registered under section 18 of the indian registration act, 1908 can the restraint of section 52 upon the parties to the suit ..... those cases neither section 91 of the indian trust act, 1882 nor section 19(b) of the specific relief act, 1963 would apply. conversely in a suit for specific performance all three acts will normally apply. but in this case a complication has arisen. section 52 of the transfer of property act, 1882 was amended by the bombay amendment act of 1939 in the manner shown in italics .....
Tag this Judgment!Court : Kolkata
..... ., reported in air 1994 sc 2623, can well be taken for consideration. the honble apex court culled out the principles relating to the ambit and scope of amending act as follows: (i) a statute which affects substantive rights is presumed to be prospective in operation, unless made retrospective, either expressly or by necessary intendment, whereas a ..... issued warrant of arrest and wanted to proceed with the case against all the three accused persons. he submitted further that in view of section 21 of the indian penal code, the opposite party nos. 2 and 3 are also public servants and, therefor, sanction under section 197(1) of the code of criminal procedure ..... 16.06.2001 passed by the learned magistrate. the learned magistrate on 16.06.2001 found sufficient grounds for proceeding with the case under sections 302/201/114 of the indian penal code against (1) sankaran moitra, (2) s.m. kundu (opposite party no. 2 herein) and (3) sudhir sikdar @ sudhangsu kr. sidkar (opposite party no. .....
Tag this Judgment!Court : Kolkata
..... 1092, n.p.singh, j., speaking for the division bench held that the provisions of ode of civil procedure were not applicable even before coming into force of 1976 amendment act in view of the decision of the apex court in babubhai vs. nandlal reported in air 1974 sc 2105 and held (para 5 of air): if because of ..... documents disclosed in the supplementary affidavit affirmed on july, 2007 and filed before the appellate court submitted such a new plea should not be allowed to be raised without amending the pleading. at the appellate stage the writ petitioner disclosed two documents which were as follows:- (i) minutes of the meeting of the governing body o diocesan ..... from a reliable source obtained a copy of minutes of the meeting of the governing body of diocesan schools (diocesan board of education), diocese of calcutta, church of north indian held on 12th july, 2006. 6. that a perusal of the said minutes in annexure x would reveal that in the said meeting an appeal from mrs. sucheta .....
Tag this Judgment!Court : Kolkata
..... controller has no jurisdiction to go into the question of title and declare a deed to be void.by the amendment act of 2010 and with effect from 1st november, 2010, old sub- section 3 of section 5 of 2001 act was substituted by new sub-section 3 so as to empower the thika controller additionally to decide whether the land ..... land is a thika land or not before 1st november, 2010 since sub section 3 of section 5 of west bengal thika tenancy (acquisition and regulation) act, 2001 (hereinafter referred to as 2001 act ) was amended with effect from 1st november, 2010. mr. mukherjee submitted that in terms of section 10a, right was granted to thika tenant to erect pucca structure ..... 2010. in the present case, the thika controller decided the matter on 22nd october, 2009 when sub-section 3 of section 5 was not amended. before amendment said sub-section 3 of section 5 of 2001 act was as under :- (3) if any question arises as to whether a person is a thika tenant or not, the matter shall be decided .....
Tag this Judgment!Court : Kolkata
..... wording under the personal direction. should in its view, cover dictation. in order to give effect to the suggestion of the law commission, rule 5 has been substituted by the amendment act, 1976 and it reads as follows:- 5. how evidence shall be taken in appealable cases. in cases in which an appeal is allowed, the evidence of each witness ..... of the crossexamination and even on subsequent dates, no objection was raised by the defendant with regard to the non-compliance of any of the aforesaid provisions. in the indian overseas bank v. a. vimalan and ors. reported in 1987 madras 90 in paragraph 8, the honble division bench of the madras high court held that under ..... presiding officer is not necessary and the same has been the view of the honble division bench of the madras high court reported in air 1987 mad. 90 (indian overseas bank v. a. vimalan and ors.). the petitioner filed its objection and submitted that there is no proper or specific ground for recalling of the said order .....
Tag this Judgment!Court : Kolkata
..... capitalisation of second-hand medical equipments supplied by appellant 1 was reversed. then the appellants filed application under sections 397 and 398 of the act before clb. clb directed the respondent company, to amend audited balance sheet as on 31-3-1998 and restore capitalisation of secondhand medical equipments supplied by appellant 1 which was reversed by respondent 2 ..... to all the directors by registered post with 21 days notice to the addresses of the nris directors at their usual addresses in usa/other countries and to the indian directors at their addresses in india. we also stipulate that nri directors will have the right to appoint alternate directors and if the right is exercised, then, ..... at the time of its incorporation the share capital of the company was to be rs.9 crores. rs.8 crores of it was to be contributed by non resident indians (nris). therefore, 88.88% of the shares were to be held by the nris. dr. kamal and his collaborator dr. binod together held 52.74% of the .....
Tag this Judgment!Court : Kolkata
..... to institute winding-up proceedings. the petitioning-creditor lodged the present winding-up proceedings in the year 2009 but prior thereto it applied in its suit for amendment of the plaint relating thereto to reduce the relief claimed therein to rs.7,42,68,827.85p, which was the figure mentioned at paragraph 22 of ..... proving lack of probity and jeopardy to the interest of complaining shareholders; d) where the majority of the shareholders in collusion with each other are indulging in acts of manipulation and purported transactions which appear on their face to be a subterfuges or bogus; e) public interest; f) interest of company or shareholders as ..... board for industrial and financial reconstruction (bifr) in course of a reference relating to the company under the provisions of the sick industrial companies (special provisions) act, 1985. the petitioning-creditor says that its claim in the present proceedings is imited to the admission in the draft rehabilitation scheme of slightly over rs.2 .....
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