Court : Kolkata
Dipankar Datta, J.1. It is revealed from the petition that the first petitioner is the lessee in respect of a plot of land measuring little more than 5 cottahs, bearing No. B10/132 at Kalyani Township (hereafter the said plot). The Government of West Bengal is the lessor.2. The first petitioner by a writing on plain paper dated 4.12.2007, addressed to the Estate Manager, respondent No. 2, sought for permission to transfer the leasehold interest of the said plot along with construction made thereon in favour of the second and the third petitioners. It was indicated therein that the first petitioner was facing family trouble as well as financial hardship which led him to decide in favour of such transfer. For the purpose of transfer processing fees, the first petitioner had deposited Rs. 500/- with the treasury on 11.12.2007.3. The petition further reveals that the petitioners had submitted a joint application dated 20.12.2007 seeking permission of the respondent No. 2 for transfer of th...
Tag this Judgment!Court : Kolkata
Jyotirmay Bhattacharya, J.1. A question has cropped up in this revisional application as to whether an order granting permission to sell the vendor's interest in the property to his purchaser, if the vendor so wishes, is capable of execution under Order 21 Rule 32 of the Code of Civil procedure?2. The proposed purchaser viz. the defendant No. 4 filed an application under Order 21 Rule 32 of the Civil Procedure Code for execution of such an order against his vendor viz. the defendant No. 1.3. The learned Trial Judge rejected the said application under Order 21 Rule 32 of the Code of Civil procedure filed by the defendant No. 4, by holding inter alia that such an order is not capable of execution. While rejecting the said application, the learned Trial Judge observed that if the defendant No. 1 (vendor) violates the contract for sale, other remedy was open to the proposed purchaser for enforcement of the said contract. Thus, the learned Trial Judge was of the view that the relief which w...
Tag this Judgment!Court : Kolkata
..... . those are -i) surinder kaur and anr. v. state of haryana (supra)ii) biswajit halder @ babu halder and ors. v. state of west bengal (supra).iii) narayanamurthy v. state of karnataka and anr. (supra).iv) raman kumar v. state of punjab (supra).25. in the case of raman kumar (supra), the apex court found that there were enough evidence to show ..... reported in 2007 ii cal cri lr (sc) 19.v) state of andhra pradesh v. rayaneedi sitharamaiah and ors. reported in 2008 18 scale 259.vi) narayanamurthy v. state of karnataka and anr. reported in 2008 8 scr 403.vii) raman kumar v. state of punjab reported in : 2009, criminal law journal, page-3034.23. before dealing with the case in .....
Tag this Judgment!Court : Kolkata
Dipankar Datta, J.1. The petitioner was the Headmistress of Monimala Girls High School, Asansol (hereafter the school). She has been dismissed from service by an order dated 10.2.2007 issued by the Secretary of the managing committee of the school. Challenge in the present petition is to the order of dismissal.2. I consider it appropriate to give a composite picture of the facts giving rise to the present petition.3. The managing committee of the school in its meeting conducted on 4.10.2005 resolved to initiate disciplinary proceedings against the petitioner. Accordingly, charge sheet dated 5.10.2005 was duly served on her. The charges, inter alia, related to neglect of the petitioner (being the ex-officio Joint Secretary of the managing committee of the school) to attend meetings despite being put on notice, non-cooperation with the managing committee, insubordination, behaviour unbecoming of a Headmistress, violation of Management Rules, 1969, acting in a manner detrimental to the in...
Tag this Judgment!Court : Kolkata
..... by the applicant that under section 8 every application pending before the revenue officer after the commencement of section 7 of the west bengal land reforms act, 1972 (amendment act) stood transferred to and was to be disposed of by the munsif having jurisdiction in relation to the area in which the land is situated and on such ..... in the case of transcore (supra), the supreme court after taking into consideration the amended provisions of section 17 pointed out that the marginal note to section 17(1) of the sarfaesi act could not control the text content of section 17(1) and ..... of the act.16. after the decision of the supreme court in the case of mardia chemicals ltd. (supra), the language of section 17 of the sarfaesi act was amended and instead of appeal the word 'application' was introduced in the section, although, the marginal note was not changed.17. in the subsequent decision of the supreme court .....
Tag this Judgment!Court : Kolkata
..... had a material bearing on the other aspect of the division bench verdict which was upset by the supreme court anyway. that section 86 of the code was subsequently amended would not impact the facet of the division bench decision that was left unconsidered by the supreme court and which is the subject of the immediate discussion. the ..... steam navigation company ltd. v. shepherd and haji ismail hossein). the admiralty action was for collision and had been originally filed against the owners of a ship. an amendment to the plaint was allowed by adding the ship as a party defendant. on a construction of sections 28, 48 and 50 of the 1882 code, the court held ..... matter dealt with. paragraph 9 of the report is set out:9. the question of sovereign immunity or privileges in india depends upon the construction of the statutory provisions. amendments have been made from time to time in the code. the judicial committee in baroda's case (supra) had held that the provisions of section 86 could not .....
Tag this Judgment!Court : Kolkata
..... on record in the present case in the context of the legal position, as referred to earlier.44. it cannot be disputed that ndps act is an act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substance and for matters connected therewith.45 ..... gave rise to the case against the present appellant for his violation of the provision of section 8 of ndps act, 1985 (as amended) and the same is punishable under sections 21(c) and 29 of the ndps act, 1985 (as amended).4. the prosecution in order to establish the charge examined as many as seven witnesses.5. of them, p.w. 1 is .....
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Tapen Sen, J.1. In this Writ Petition, the Petitioners pray for an Order commanding upon the Respondents to withdraw Memos dated 18.7.2008 and 30.9.2008 as contained in Annexures- P5 and P8 respectively. By reason of the Memo dated 18.7.2008, the Collector EC Act, Burdwan (Respondent No. 5) informed the Petitioner No. 2 that upon perusal of a Police Report as well as FIR-cum-Seizure list and also other documents, he was satisfied that the Petitioners had violated paragraphs 4(1) (a)/8(c) and 14 of the West Bengal Rice Mills and Wholesalers (Control and Levy) Order 2007 against which Khandogosh P.S. Case No. 03 of 2008 had been registered and therefore, a proceeding was drawn up against the said Petitioner No. 2 (being the owner of the Petitioner No. 1 Jagat Mata Rice Mill) and therefore, he was directed to show cause as to why the seized articles be not confiscated.2. By reason of the other impugned Memo dated 30.9.2008 as contained in Annexure- P8, a similar Notice asking the Petition...
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Reported in : AIR2011SC1254
..... . v. sadasivan reported in : air 2005 sc 3202; personal liberty: 24. maneka gandhi v. union of india reported in : air 1978 sc 597; 25. soubhagya v. chief secretary, state of karnataka reported in : 2001 cr.l.j. 238; right to love & marry: 26. lata singh v. state of u.p. reported in : air 2006 sc 2522; 27. samsher alam @ sheru ..... of facts not borne out by the pleading or grant any relief on the basis of such facts, unless the pleading and the relief claimed in the proceedings are suitably amended thereby giving sufficient notice to the opponents of the proposed field of dispute. mr. mitra contends that the learned single judge erred in law in granting relief in favour ..... in (1008) 14 scc 337. regarding initial order bar: 1. naresh kanar chand khatri v. state of gujarat and ors. reported in : (2008) 8 scc 300; 2. state of karnataka v. arun kumar agarwal and ors. reported in : (2000)1 scc 210. overstepping by c.b.i.: 1. bandhua mukti morcha v. union of india and ors. reported in : (1984 .....
Tag this Judgment!Court : Kolkata Appellate
..... . that is, he has a right to have the opportunity of doing his work when it is there to be done.. 42. in mukunda (supra), a learned judge of the karnataka high court ruled that the view of the court of appeal, as quoted above, is reflected in article 41(2) of the constitution and therefore the court ought to take .....
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