Court : Kolkata
Decided on : Aug-14-2014
..... .1 and 2 were agreeable to make over the flats to the respective plaintiffs. mr.saha relied on article 54 of the limitation act, 1963. he also referred to section 55 of the indian contract act, 1872 which provided that, a time fixed for performance of an agreement could be extended by the parties. he then referred to ..... years.therefore, according to her, the claim of the transposed plaintiffs was hopelessly barred by the laws of limitation. she next contended that, in the event the amendments did not fail on the ground of limitation then the prayer of sakhir chand dhawan made in the plaint remained. admittedly, sakhir chand dhawan had received full satisfaction ..... on all india reporter 1972 calcutta page 88 (jayanta mohan chatterjee v. jagat mohan chatterjee & ors.) for the proposition that, the law permitted a party to amend his own pleadings and not others.she submitted that, if the transposed plaintiffs were allowed to obtain reliefs in the suit the same would tantamount to new suits of .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-22-2014
..... inference may be made that om prakash mohta orally resigned. the original and the amended trust deeds not provide for any oral resignation. moreover, the indian trust act also does not recognize any concept of oral resignation .. section 46 of the indian trust act provides that:- trustee cannot renounce after acceptance. a trustee who has accepted the ..... submitted that in state of u.p. vs. bansi dhar & ors. reported at air1974sc1084the hon ble supreme court observed and held that though the indian trusts act is not applicable to public charitable trusts but the principle contained therein apply to the same. as such it cannot be inferred that om prakash mohta ..... other civil courts and proceedings on the original side of chartered high courts, a distinction which has continued to be unaffected right up to the last amendment of the civil procedure code. the said judgment also lays down that the letters patent and the rules made thereunder which are recognized and specifically protected by .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-24-2014
..... application for grant of probate shall also be verified by at least one of the witnesses. the petition for probate under section 280 of the indian succession act is required to be verified by the petitioners.in the instant case the attesting witnesses have already verified the petition and at least one of the ..... would be allowed to rectify the said defects. mr.pratap chatterjee, learned senior counsel appearing with mr.amitesh banerjee and mr.jishnu chowdhury submitted that this amendment application has been filed in order to make the pending applications infructuous. it is stated that the petitioners have failed to explain the discrepancies in dates ..... application the have plaintiffs also filed in a supplementary affidavit affirmed by govind ram goenka on july 5, 2013 disclosing certain documents in support of the amendments prayed for in the said petition. the petitioners admit that there are explain certain discrepancies and such discrepancies by contending that due to inadvertence on the .....
Tag this Judgment!Court : Kolkata
Decided on : May-08-2014
..... an industrial dispute relating to the condition of service of the respondent no.4. the learned counsel has referred to section 10(1b) of the industrial disputes act, 1947 as amended and rule 12a of the west bengal industrial dispute rules, 1958. the said provisions and rules are set out hereinbelow:- s.10(1b) (a)notwithstanding ..... filed inviting the learned labour court to decide the issue as to whether pre-conditions of rule 12a of the west bengal industrial disputes rules, 1958 (as amended) had been complied with by the conciliation officer or not. on 3rd february, 2009, the representative of the respondent no.2 had produced the conciliation records ..... anything contained elsewhere in this act, where in a conciliation proceeding of an industrial dispute relating to an individual workman, no settlement is arrived at within a period .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-25-2014
..... the root of the contract of insurance and has a bearing on the risk involved would be material ..23. as stated in pollock and mulla s indian contract and specific relief acts: any fact the knowledge or ignorance of which would materially influence an insurer in making the contract or in estimating the degree and character of risks ..... 26, 1978. the plaintiff refers to the pleading in the written statement of the defendant nos.1 and 2 particularly paragraph 4(c), 14b and 14d of the amended written statement and submits that, according to the defendants water came into the factory premises on september 28, 1978 or september 29, 1978. the plaintiff points out that ..... was filed in 1980. the point of concealment of topography of the factory of the plaintiff is not pleaded in the written statement. moreover, the written statement was amended 6 (six) years later and again this aspect was not included in the pleading. the plaintiff contends that, no question with regard to the topography of the factory .....
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