Court : Kolkata
Reported in : (2008)2CALLT468(HC),2008(3)CHN507
Sanjib Banerjee, J.1. Passion and prejudice are two charlatans that lie in stealthy wait to waylay any quasi-judicial adjudication, however noble the purpose of the exercise. To the two original limbs of natural justice of audi alteram partem (nobody shall be condemned unheard) and nemo debet esse judex in propria sua causa (nobody shall be judge of his own cause), has been added a third: the duty to assign reasons. A quasi-judicial order is founded on reason, not instinct. An order made on impression is erroneous in form and substance.2. The petitioner in the present proceedings under Article 226 of the Constitution of India challenges a decision made on the recommendation of an enquiry commission set up by the University to look into the charges of alleged malpractice involving two theses submitted for PhD degrees under the faculty of science of the University. The full report has been disclosed in the University's affidavit. The one-man enquiry commission has begun the report by rec...
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN857
..... that respondent no. 12 might interfere in their marital relationship and accordingly they had jointly addressed a fetter dated 30.8.07 to the commissioner of police, kolkata police. the letter reads as follows:sub: registry marriage information.we would like to inform you thai we, rizwanur rahaman s/o late rehaman rahman, ..... under section 506 of the ipc which is a non-cognizable offence. neither any further complaint alleging commission of cognizable offence was lodged before the police nor was any magistrate approached. without availing of the statutory remedies for redress, directly the writ court was approached seeking investigation by the cbi although ..... started staying with riz, on the following day, pradeep todi (brother of respondent no. 12) lodged a complaint with the deputy commissioner of police (detective department), kolkata police alleging that riz had abducted priyanka. the relevant part of the complaint reads as follows:my niece smt. priyanka todi daughter of ashoke todi .....
Tag this Judgment!Court : Kolkata
Sanjib Banerjee, J. 1. The writ petitioners question a decision of April 7, 2009 by the grievance redressal committee of the respondent private bank declaring the petitioner company to be a willful defaulter within the meaning of a Reserve Bank of India master circular dated July 1, 2008. There are several levels on which the challenge has been launched. The petitioners allege that the master circular is unconstitutional and, in any event, the grievance redressal mechanism contemplated there under is a meaningless, facile exercise. They say that even if the master circular is upheld in its entirety, the relevant committee of the bank may still be found to have acted without jurisdiction since the master circular applies to lender-borrower transactions between a bank and another; and, the nature of the agreement which is the subject matter of the proceedings did not involve a lender-borrower relationship between the bank and the petitioner company. The petitioners also allege violation ...
Tag this Judgment!Court : Kolkata
Reported in : AIR2011SC1254
..... 70. before this appellate court, the learned advocate general, appearing for the state-respondents, however, vigorously contended that even if some of the police officers of the kolkata police were found to be not impartial, for that reason, this court should not pass a direction for investigation by the cbi by setting aside ..... he was called by issuing notice under the provisions of the code. mr. bandyopadhyay contends that if no criminal case was registered against rizwanur, the police authorities acted arbitrarily and with mala fide intention in repeatedly calling him in lal bazar for the purpose of breaking the matrimonial relationship between the couple ..... unfortunate incident not only hit the sentiment of the locality but also the entire kolkata. (xxv) on 23rd september, 2007, sri prasun mukherjee, commissioner of police, kolkata, called a press conference and declared that the deceased boy had committed suicide even before the postmortem of the deceased boy was completed. sri prasun .....
Tag this Judgment!Court : Kolkata
..... local people. the incident of blockade and violence continued to escalate.23. by a letter dated 23rd september, 2008 the appellant informed the officerin- charge of singur police station that they had suspended the construction and commissioning work at the project site with effect from 29th august, 2008. the letter dated 10th october, 2008 addressed ..... to the director general of police, west bengal points out that due to intimidating circumstances they are compelled to suspend the work and they are unable to keep their commitment to complete the ..... within which the determination will be made or the determined amount will be paid although district magistrate dispossessed tata motors without notice and with the help of police after news of singur act has come into force on 21st june 2011 and in effect the t.m. has to wait indefinitely for the purported .....
Tag this Judgment!Court : Kolkata
In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP912of 2013 Simplex Infrastructures LTD.-Vs.Commissioner of Service Tax, Kolkata Before For the Petitioner : The Honble Justice Arijit Banerjee : Mr.J.K. Mittal, Adv.MRS.Nilanjana Banerjee, Adv.For the Respondent : Mr.S.B. Saraf, Adv.Mrs.S.Mitra, Adv.Heard On : 15th July, 2015 CAV On : 28.08.2015 Judgment On : 07.04.2016 Arijit Banerjee, J.: (1) In the instant writ petition, the petitioner challenges a show cause-cum-Demand Notice dated 21st April, 2006 demanding service tax of Rs.65.25 crores (approx.) for the period 1st October, 2000 to 31st March, 2005 and also a hearing notice dated 13th August, 2013 issued more than seven years after issuance of the Show Cause-cum-Demand Notice, both of which according to the petitioner, are illegal and nonest in the eye of law. The Petitioners case:(2) The petitioner company was previously known as Simplex Concrete Piles (India) Ltd., with effect from 8 November, 2005, ...
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