Court : Kolkata
Reported in : 2009ACJ2398,AIR2008Cal106,2008(2)CHN985
..... of kerala reported in : 2004crilj2494 where the question before the court was whether the earlier judgment of the same court in the case of bore gowda v. state of karnataka : (2000)10scc260 was a binding precedent. in that context, the apex court made the following observations:the decision in bore gowda's case (supra) does not even ..... indicate that section 18 of the probation act was taken note of. in view of the specific statutory bar the view, if any, expressed without analysing the statutory provision cannot in our view be treated as ..... statute by a subsequent statute.9. after going through the aforesaid provision, it is clear that although the provision of appeal before high court in old railways act against the order of claim commissioner was repealed by giving the jurisdiction of the claim commissioner to the tribunal with effect from 8th november, 1989 by the railway .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2004Cal27
..... fall in the category of legislation, direct, subordinate, ancillary. it has only advisory role to play. it will not be taken into account under judicial control unless it involves arbitrariness or discrimination or undermines a basic public purpose and the statute under which it is issued. therefore, i cannot also accept the submission ..... hereunder. the reservation of the posts of the chairpersons of the grampanchayats at any level is declared unconstitutional. therefore, state government isentitled to amend the act suitably to elect achairperson on the basis of the article 243cwithout being influenced by the article 243dof the constitution of india unless, of course,by due ..... mr. bihani contended that this type of dispute can be considered as an election dispute by virtue of section 2 (9a) and section 9 of the act. however, such submission is opposed even by the election commission apart from the petitioner. according to mr. moitra, general election means an election of members .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN640
..... bengal peerless for the purpose of incorporation of the joint sector company. it was agreed that the joint sector company would undertake housing construction under the guidance and control of the state government and the housing board. the bengal peerless was duly incorporated as a joint sector company on 20.05.1994. it was provided that ..... scheme and to submit the same for approval of the state government. thereafter, the scheme is to be published. section 27a of the 1972 act inserted in the act by amendment act of 1993 it was inserted to assist the housing board in execution of the housing scheme as the housing board was facing tremendous financial crunch. ..... report, if may, made under section 5a(2). it is explicitly made clear that such declaration shall be subject to the provisions of part vii of the act which bears the chapter heading 'acquisition of land for companies'. thus, section 6 reiterates the apparent distinction between acquisition for a public purpose and acquisition for a .....
Tag this Judgment!Court : Kolkata
Reported in : [2002]127STC23(Cal)
..... by the petitioner are summarised and discussed as under : (1) whether the provisions of section 2(24)(xxi) of the karnataka taxation laws (amendment) act, 1994 inserting entry 38-a in the fifth schedule of the act giving exemption to the indigenous raw silk and silk yarn imported from outside the country at the rate of 4 per cent ..... reliance in this connection has been placed on federation of hotel and restaurant association of india v. union of india reported in and varalakshmi silk house v. state of karnataka reported in [1999] 112 stc 93 (kar).16. the learned counsel would contend that the only restriction which could be placed, having regard to the provisions of ..... schedule. it follows that the two laws, viz., sub-section (3) of section 5 of the act and paragraph 21 of the control order issued by the central government under sub-section (1) of section 3 of the essential commodities act, operate on two separate and distinct fields and both are capable of being obeyed. there is no question .....
Tag this Judgment!Court : Kolkata
Reported in : 1988(18)ECC180
..... of a distinction made by the state legislature for the purpose of exigibility to state sales tax (e.g., entry 13a of schedule iii to the karnataka sales tax act, 1957), because even where the commodity is the same in the eyes of the persons dealing in it the state legislature may make a classification for ..... indicated that schedules form a part of the statute and must be read together with it for all purposes of construction. but expression in the schedule cannot control, or prevail against the express enactment. if there is any appearance of inconsistency between the schedule and the enactment the enactment shall prevail, and if the enacting ..... the case of commissioner of income tax, gujarat v. vadilal lallubhai : [1972]86itr2(sc) . the assessee in that case had transferred the shares in certain controlled companies and the companies went into voluntary liquidation and distributed their assets, the assets so distributed, which were deemed to be dividends within the meaning of section 2(6a .....
Tag this Judgment!Court : Kolkata
Reported in : 1989(22)ECC16,1991(55)ELT518(Cal)
..... of personal liberty, which is sought to be protected by the expression 'personal liberty' in article 21, is quite different from restriction (which is only a partial control) of the right to move freely (which is relatively a minor right of a citizen) as safeguarded by article 19(1)(d). deprivation of personal liberty has not ..... law' under or in terms of article 21 must be reasonable just and fair and the authority exercising such or any statutory power, as in this case, must act reasonably, otherwise the procedure as prescribed, would be deemed to be unreasonable. such determination, at this stage, cannot be appropriately applied in this case, as stated ..... with their application for exemption of personal appearance which was fixed for orders today. mr. sen further informs that the division bench presided over by the learned acting chief justice have heard this appeal in part today and adjourned the matter till monday next. this court has also been informed that the division bench desired .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal203,66CWN577
..... of the prosecution case; there is nothing in the terms of section 342 which by necessary implication requires the personal attendance of the accused for such examination and controls the discretion of the magistrate under section 205 (2), if in any case, in view of the particular circumstances of a case, the magistrate thinks it ..... purpose will be served by tracing here the history of the examination of an accused in successive codes--of 1861 (act xxv), of 1869 (act viii), of 1872 (act x), of 1882 act x). section 342 of the last mentioned act has remained unaffected by the amendments of 1898, 1923 and subsequent years. details have been mentioned in : air1925cal361 . ..... to elicit the truth by enabling the accused to explain matters and also clearing up obscure points by means of such explanation : air1925cal361 .104. then came act x of 1872 in which the discretionary nature of examination was retained but field of its application was enlarged to include all enquiries and trials. the language .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1990Cal193,(1991)1CALLT94(HC)
..... institutions, the next part of the right relates to the administration which means 'management of the affairs' of the institution. this management must be free of control so that the founders or their nominees can mould the institutions as they think fit, and in accordance with their ideas of how the interests of the ..... to accept the special constitution of the institution as set forth by the trust deed and the deed of declaration of the trust registered under societies registration act, 1860 which this school enjoyed for years together and he prayed for the special constitution for the management of the institution. by a reminder dated 21st ..... name of the anglo-oriental institution and madrasah in 1914 with a set of special rules and regulations and registered it as public educational society under societies registration act, 1860 on 17th dec., 1915. soon thereafter amendment was made in the article of association and the institutions were named the muslim anglo-oriental institution and .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal74
..... : [1955]1scr707 . in saghir ahmed's case : [1955]1scr707 , the supreme court laid down that the right of the public over highways extends to all forms of traffic which have been usual and customary and also to all which are reasonably similar and incidental thereto. mukherjee, j. who delivered the judgment of the court observed 'the right of ..... should be deemed public ferries, to take possession of a private ferry and declare it to be a public ferry and establish new public ferries. by section 7 the control of all public ferries was to be vested in the magistrate of the district, subject to the direction of the commissioner. section 16 provided that no person could, ..... on the public road cannot, in any sense be regarded as a right created by the motor vehicles act. the right extends anterior to any legislation on this subject as an incident of public rights over a highway. the state only controls and regulates it for the purpose of ensuring safety, peace, health and good morals of the public. .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)3CALLT76(HC)
..... and use of such fireworks will definately increase the ambient noise level more than the acceptable norms fixed up under the environment (protection) act. 1986 and air (prevention & control of pollution) act, 1981.' 13. thereafter the impugned notification was made and published. before us, three applications had been filed in the said disposed of ..... the learned counsel the said direction also does not conform to the provision of the environment (protection) act. 1986 (hereinafter referred to as 1986 act) and air (prevention & control of pollution) act, 1981 (hereinafter referred to as 1981 act) and the rules framed thereunder.16. it was further submitted that this court erred in holding that ..... hearing damages because of generating of these sounds. the noise not only creates pollution but it is a source of annoyance. noise is also created by traffic and noise also disturbs sleep. in our country the people have the right to sleep peacefully. a citizen too have right to a decent environment .....
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