Court : Kolkata
Decided on : Dec-21-1998
Reported in : 2001ACJ749,(2000)2CALLT449(HC)
..... is directed against the award passed by the accident claims tribunal (district judge), port blair arising out of an application under section 166(a) of the motor vehicles act, 1988 as amended in 1994, filed by the respondents being the heirs and legal representatives of the victim, directing the appellant, insurance co. and the respondent no.3 to pay jointly ..... the accident as the offending truck was being driven rashly and negligently. the truct was covered under a policy of insurance with o.p. no.2 m/s. united indian insurance co. ltd. at that lime the truck had the registration number of andhra pradesh bearing no. adm-8062 which was brought by o.p. no.1 to port ..... 8, rule 2 of the civil procedure code, the appellant is not entitled to raise the said question before us for the first time. in our view, the said act as amended is a peace of beneficial legislation intended to confer the benefit of expeditious payment to the heirs of the victim and such purpose should not be allowed to be .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-27-1998
Reported in : (1999)1CALLT331(HC),1999(1)CHN220
..... to show that company landlords are included, and mr. chatterjee even gave us the objects and reasons of no fewer than four tenancy acts, from 1948 to 1965 (the last an amending act) to try and suggest that the legislators had really only human refugees in mind. this only shows the tooth and nail nature of the battle which raged before us ..... him therein.' mr. chatterjee showed us from gower p. 164 that some 7 years after this decision the english parliament had to introduce an amendment in their tenancy law by the law of property act 1969 to put at par the requirements for a business to be carried on by the landlord and a business to be carried on by ..... . impermissible. although the new horizons case reported at : (1995)1scc478 mentions (para 34, quotation from renusagar case) that the horizons of veil lifting are expanding and although the indian courts would be more ready to lift the veil wherever the justice of the case so demands (a view not accepted by the house of lords as can be seen .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-13-1998
Reported in : (1999)1CALLT213(HC),II(1999)DMC5
..... such, the question of allowing a time-barred claim to be added would not arise. section 29 of the limitation act reads as under :'29. savings (1) nothing in this act shall affect section 25 of the indian contract act, 1872.(2) where any special or local law prescribes for any suit, appeal or application a period of limitation ..... it must be held that the delay in specifically claiming the relief under section 25(1) of the special marriage act can not be considered to be unreasonable and unnecessary at the stage of allowing the amendment without deciding the question on evidence during,the trial. thus, for the reasons stated above, there is no scope ..... for a matrimonial appeal under the indian divorce act and the period is computed according to the general law as provided in the limitation act. that was also the position in respect of matrimonial appeals under the hindu marriage act until a special period of limitation was provided in section 28(4) as amended in 1976.'8. but this observation .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-13-1998
Reported in : (1999)1CALLT425(HC)
..... of authorised officer jalpaiguri v. susanta banerjee reported in 1993 (1) clt, page 289 (paragraph 8).18. the provisions in section 59b(2) of the bengal amendment of the indian forest act, also clearly indicates that in a proceeding for confiscation, the owner of the vehicle seized for commission of forest offence, not only has to prove to the ..... and with their full knowledge and the said driver was, therefore, very much agent of the owner.16. section 52(3) of the west bengal amendment of the indian forest act which authorises any authorised officer or police officer to require the driver or other person-in-charge of a vehicle to stop the same when he has ..... held, inter alia, that not only the petitioner as the owner of the vehicle was required to prove under section 59 b(2) of the west bengal amendment of the indian forest act, to the satisfaction of the authorised officer that she had no knowledge or connivance about the user of the offending articles or vehicle, she must also prove .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-24-1998
Reported in : 1999(108)ELT628(Cal),[1999]236ITR492(Cal)
..... it appears that prior to 1989, the assessee was entitled to a deduction of the whole of the income but by reason of the direct tax laws (amendment) act, 1989, the said words were substituted by the word of 'profits'. 32. the very fact that at one point of time parliament had allowed deduction of ..... of the enactments relating to the indian income-tax and the said explanation was sought to be deleted by the kerala agricultural income-tax (amendment) act, 1980. similarly, in subsection (2) of section 8 of the bengal agricultural income-tax act, 1944, itwas provided that notwithstanding anything contained in that act in the case of tea grown ..... consideration the effect of the provision of chapter vi-a of the act although it itself held as follows (page 73) : 'in the case of tata tea ltd. : [1988]173itr18(sc) , the kerala agricultural income-tax (amendment) act, 1980, and the bengal agricultural income-tax (amendment) act, 1980, were under challenge before the supreme court under article 32 .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-09-1998
Reported in : AIR1999Cal132
..... prabhupad developed into the religious foundation known as sree chaitanya math and also as gaudiya math or gaudiya mission which body had since been registered under the indian societies registration act, 1860 as gaudiay mission. it was also declared and decreed by that compromise decree that the maths, temples and properties described in part ii of the ..... change of advocate of the plaintiffs. it is however to be pointed out, as has been done already, that even if this letter was disclosed subsequently by amending the plaint and enclosing a copy of the same there with yet the fact remains that the genuineness or existence of this letter has not been specifically challenged ..... nor any other defendant denied or challenged the existence and genuineness of this letter dated 14-9-76 in written statement although the same was specifically pleaded in the amended plaint. we have also seen how the evidence of tarit krishna, the defendant no. 14 about the fabrication of the said letter exb. d was found .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-13-1998
Reported in : (1998)2CALLT163(HC),1998(2)CHN136
..... to be made into the offence subject to such directions wllh regard to ball and other matters as he may specify.' 38. after the introduction of the west bengal amendment by the amendment act, 1988 the said sub-sections, so far as the state of west bengal is concerned now run thus :--'167 (5). if, in respect of- (i) any case triable by ..... , the investigation is not concluded within a period of six months, or (ii) any case exclusively triable by a court of session or a case under chapter xviii of the indian penal code (45 of 1860), the investigation is not concluded within a period of three years, or (iii) any case other than those mentioned in clauses (i) and (ii), the ..... to know the extent of the sentence prescribed and not at the limit fixed for a particular court in the matter of awarding sentence; e.g. section 326 of the indian penal code deals with an offence punishable with imprisonment for life or with imprisonment for a term which may extend to 10 years. but that offence is triable by a .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-13-1998
Reported in : 1998(2)ALD(Cri)924,(1998)2CALLT423(HC),1998(2)CHN81
..... at a place outside the territorial jurisdiction of such high court.38. section 438 cr.pc as tt now sands amended by the west bengal amendment act, 1990 runs thus:'438, (1)(a) when any person who has reason to believe that he may be arrested ..... inconvenience to persons arrested far away from court issuing the warrant of arrest. to remove such hardship and inconvenience, the committee has amended these clauses conferring power on the magistrate having jurisdiction over the place of arrest to release the person on ball (new 2nd ..... 437(1) which, however, does not apply to the present case involving offences under sections 406/408/468/471 of the indian penal code and the same also does not apply to the high court. the obvementloned provisions therefore is a marked departure from ..... that is why, the case being c.r.m. no. 429/97 under sections 420/4g7/468/471/120b of the indian penal code was registered in the civil line police station. two persons in the said case were taken into custody. from the .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-02-1998
Reported in : (1999)1CALLT63(HC),1998(2)CHN276
..... 1981 shall not be operative in case of those primary teachers who are covered by the bengal (rural)primary education act, 1930 until the existing rule 4a framed under the said act of 1930 is suitably amended, and if already amended, the memorandum of 31st july, 1981 shall be applicable to them as well with all its force.'11. on ..... it was held :-- 'in this context, it may be remembered that the power of the state of specify a date with effect from which the regulations framed, or amended, as the case may be, shall come into force is unquestioned. a date can be specified both prospectively as well as retrospectively. the only question is whether the ..... permissible.' 83. reference in this connection may also be made to a recent division bench decision of this court in association of teachers in anglo indian school v. the association of aids of anglo indian school, reported in 1995(1) cal lj 351. 46. in any event the said order contains guidelines and such guidelines are binding upon the .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-30-1998
Reported in : (1998)3CALLT348(HC)
..... [1996]1scr730 , n.p.singh, j. speaking for the division bench held that the provisions of code of civil procedures were not applicable even before coming into force of 1976 amendment act in view of the decision of the apex court in babubhai v. nandlal reported in : [1975]2scr71 and held:--'if because of the explanation, proceeding under article 226 of the ..... advert to themselves the question as to whether the said provisions are mandatory or not.103. in maharajah moheshur singh v. the bengal government reported in 1859 (7) moor indian appeal 283, the judicial committee held:--'we do not say that there might not be cases in which a review might take place before another and a different judge; ..... been placed by mr. deb and mr. banerjee.102. in chhajju ram v. neki and ors. reported in air 1992 pc 112: 26 cwn 697: law reports 49: indian appeals 144. a bench of seven judges of the judicial committee was concerned with a question as to what is meant by a sufficient reason under order 47 rule 1 .....
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