Court : Kolkata
Reported in : (2004)1CALLT165(HC),[2004(101)FLR426]
..... for the administration to take appropriate decision and such decisions shall stand unless they are vitiated either by mala fides or by extraneous consideration without any factual background foundation.'13. considering the aforesaid allegation in the light of the observation of the apex court in different cases, as noted above, it is explicit that the petitioner ..... issued the order, had not the competence and powers .....'10. in the case of union of india and ors. v. s.l. abbas, reported in : (1993)iillj626sc the following observation has been made by the hon'ble court, which is relevant here:'who should be transferred, where, is a matter for the appropriate authority to ..... is contended by the learned counsel that the officers of filed formation have not been defined. but he has referred us to certain section of income tax act which would give an impression that commissioner of income tax is included in the officers of field formation. the learned counsel for the respondent authorities on the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2003)87ITD129(Kol.)
..... been incurred. the assessee has failed to furnish necessary evidence to support the claim that the expenditure to the tune of rs. 27,68,607 was incurred. the foundation for the claim to be on account of commercial expediency would be the incurring of the expenditure. the ao has disallowed the claim on the ground of the ..... mentioned as p.guha but no address had been given in the account opening form, nor has the account been introduced and the account was opened on 27th aug., 1993 and closed on 11th feb., 1995. the learned departmental representative has, therefore, informed the bench that bank enquiry showed that no genuine business was being carried out ..... the orders of the learned members of the division bench. in order to appreciate the controversy, it would be relevant to consider the scheme of taxation under the it act, 1961. any assessee whose income exceeds the maximum amount not chargeable to tax is required to file the return declaring the income in the prescribed form and verified .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)1CALLT565(HC),[2004(102)FLR33]
..... k. khanna and ors.) to establish that rules of natural justice are foundational and fundamental concepts and law is now well settled that the principles of natural justice are part of the legal and judicial procedures. for appreciating a case of personal bias ..... and ors.) whereunder a division bench of this high court held bias charge-sheet issued with a closed mind is void and bad in law. he further relied upon : (1993)iillj549sc (ratan led sharma v. managing committee dr. hari ram (co-education) higher secondary school and ors.) and air 2001 sc 343 (state of punjab v. v. ..... the judicial review is not akin to adjudication of cases on merits as an appellate authority under article 226 of the constitution of india. the high court does not act as an appellate authority but exercise within the limits of judicial review to correct errors of law or procedure leading to manifest justice. to support such contentions he cited .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)2CALLT515a(HC),2004(2)CHN254
..... learned additional district judge that where the decision of the special tribunal on any dispute as to whether a person is a bargadar or not constitutes the very foundation of an adjudication left to the exclusive jurisdiction of that tribunal under sub-section (1) of section 18, that decision constitutes such an integral part of the ..... or not.9. the learned counsel appearing for the appellants/defendant no. 1 submits that the trial court rightly dismissed the suit and the first appellate court merely acting on conjectures without scrutinising the judgment and decree passed by the trial court, reversed it.10. the learned counsel for the appellants submitted that the suit is ..... .9.1997 and 6.11.1997 respectively passed by the learned civil judge, senior division, jangipur in title appeal no. 25 of 1993 reversing the judgment and decree dated 10.3.1993 and 18.3.1993 respectively passed by the learned munsif, 1st court, jangipur in title suit no. 61 of 1986.2. this second appeal originates from .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)3CALLT488(HC)
..... parties before it are concerned. to be a question of law 'involving in the case' there must be first a foundation for it laid in the pleadings and the question should emerge for from the sustainable findings of fact arrived at by court ..... 1986.2. this appeal was heard under order no. 41 rule 11 of the code of civil procedure on 11.1.1993 by the hon'ble division bench of this high court and the hon'ble division bench on that passed an order that ..... transferred to one person for a consideration paid or provided by another person;(b) 'prescribed' means prescribed by rules made under this act;(c) 'property' means property of any kind, whether movable or immovable, tangible or intangible, and includes any right or interest in ..... the learned counsel, mr. sahu, then submitted that as per the provisions of section 2(a) of benami transactions (prohibition) act, 1988, benami transaction means any transaction in which property is transferred to one person for a consideration paid or provided by another .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)2CALLT567(HC)
..... of prejudice.13. a party in matrimonial proceedings may not be allowed to make out a case on the basis of evidence for which he/she has laid no foundation in the pleadings. the general principle being that any amount of evidence would be of little avail if the same has not been less set up or started ..... matrimonial home at regular intervals and used to come back after 15/20 days and that she refused cohabitation with the husband and that finally on november 13, 1993 she left the matrimonial home with bag and baggage without the consent and knowledge of the petitioner and against the will of the husband's mother. learned trial ..... petitioner most modestly proposed to the father of the respondent for arranging permanent severance of their conjugal life through the court of law peacefully instead of committing such wrongful acts perpetually inflicting mental injury to him and to his aged widow mother....'17. it is alleged that the father became furious and left making threats and he returned .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN110
..... is possible to draw reasonable inference of mala fide action from the pleadings and antecedent facts and circumstances. but for such inference there must be firm foundation of facts pleaded and established. such inference cannot be drawn on the basis of insinuation or vague suggestion.10.2. as to the applicability of natural ..... that exigency of administration is the prime consideration governing the field of transfer. he cited union of india and anr. v. n. p. thomas : (1993)illj1063sc to contend that unless the transfer violates any statute, the court cannot interfere with an order of transfer. he cited union of india and ors. v ..... of persons with disabilities, for laying down strategies for comprehensive development of programmes and services and equalization of opportunities. with these objects in view, this act was enacted to achieve the purpose of undertaking various measures for the prevention and early detection of disabilities, creation of barrier-free environment, provisions for .....
Tag this Judgment!Court : Kolkata
Reported in : 2007[2]STR315
..... when an employee has surrendered to his employer regarding his mistake then this technical irregularity is not such an action which brings about disciplinary proceeding and no foundation is there in respect of said proceeding.47. the learned counsel on the point of his submission that the action of the petitioner was merely an ..... 1986 vol. (2) chn 416.54. on the point of non-supply of inquiry report the learned counsel for the petitioner relied on several decisions, i.e., : (1991)illj29sc , 1993 vol. (3) scc 727 (sic), 2003 vol. (3) scc 734 (sic), 2004 (vol. (7) scc 318 (sic), : (2004)iiillj532sc . the learned counsel mainly laid ..... extent on the facts and circumstances of that case, the framework of the statute under which the enquiry is held. the old distinction between a judicial act and an administrative act has withered away. even an administrative order which involves civil consequences must be consistent with the rules of natural justice. the expression 'civil consequences' .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)3CALLT547(HC)
..... other words, the executor is to dislodge and/or disprove what have been alleged by the contesting parties. in the case on hand the ground of contest are not without foundation of law. there are large number of decisions cited by mr. s.b. mookherjee, mr. s. pal and mr. s.p. sarkar. those decisions, rendered on the proposition ..... will be incumbent for the probate court to see representation of the estate until probate proceeding comes to logical conclusion, is legally arranged under section 247 of the act.65. the act and conduct of lodha after death of the lady is also not appreciated by this court. it appears from the records within the period of fortnight after the ..... 7, 8 and 9); (ii) existence of the mutual will of 1982. implication of the mutual will have been taken note of legally by the judicial pronouncement [re dale 1993(4) all er 129]. therefore the challenge to the appointment of executor is really covered by the challenge of the genuiness of the will and also by existence of the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN231
..... chairperson could not have been appointed disciplinary authority by the chairperson is also not tenable in view of the provisions of section 61 of the west bengal municipal act, 1993. according to sub-section (1) thereof, the chairperson is the disciplinary authority of the municipal employees. in terms of sub-section (2) thereof, ..... stage of the disciplinary proceeding when the tribunal was approached is worth nothing, for, immediately after receipt of chargesheet, the officer alleged that bias was the foundation of the same. referring to the incidents preceding issuance of chargesheet, the apex court agreed with the contention of the officer and confirmed the order of ..... participated in the proceeding and would have raised his defence on merit. if the petitioner had any doubt in his mind that the chairperson had not acted impartially or that by calling upon him to show-cause against dismissal/termination from service the issue had been prejudged/predetermined, the reaction would have been .....
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