Court : Kolkata
Reported in : AIR1996Cal449
..... require the compliance of principles of natural justice. reference in this connection may also be made tod. k. yadavv. j.m.a. industries, reported in : (1993)iillj696sc . 82. in maneka gandhi v. union of india, reported in : [1978]2scr621 , the supreme court clearly held that for impounding a passport the principles of natural justice have to be complied with but only .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT183(HC),100CWN900
..... waman rao and ors. v. union of india reported in : air1981sc271 : minerva mills ltd. and ors. v. union of india and ors. reported in : [1981]1scr206 and smt. indira nehru gandhi v. shrt raj naratn reported in : [1976]2scr347 .(c) the act is also not protected under article 31c of the constitution of india inasmuch as interms of the provisions of ..... consideration is as to whether the fundamental right is a basic structure of the constitution of india or not.182. in minerva mill's case (supra) as also indira nehru gandhi's case (supra), it has been held that article 14 is a basic feature of the constitution of india. article 14 and 19 have been excluded from being considered in .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)1CALLT155(HC)
B.M. Mitra, J. 1. The petitioner No.1 is a Limited Company under the provisions of the Companies Act and having a Paper Mill at Jhargram, Midnapore, West Bengal. The petitioner No. 1 had insured the respondent No.2 Insurance Company an insurance to the tune of Rs. 5.39 Crores in respect of raw materials, spares stores and finished goods lying at the Paper Mill. The Fire policy in favour of the petitioner No.1 was issued on 11.11.92 bearing Policy No. 31120/34/0/F/584/98 vide annexure 'A' appended to the writ petition. As per the case made out by the petitioners as averred in the writ petition, a disastrous fire broke out around 10.00 p.m. on 16.2.93 in the Mill premises. Inspite of immediate steps being taken to extinguish the fire, the same could be extinguished only on 22.2.93 after six days of continuous fire-fighting by the Fire Brigade and Fire Brigade report is appended to the writ petition vide annexure 'B'. The entire stock of the raw materials lying at the petitioners' factory...
Tag this Judgment!Court : Kolkata
Reported in : [1998]233ITR560(Cal)
..... interest mr. gupta has relied on the decision of the supreme court in the case of c.b. gautam v. appropriate authority : [1993]199itr530(sc) ; rajalahshmi narayanan v. margaret kathleen gandhi : [1993]201itr681(sc) . the decision of the karnataka high court in the case of chandrika apartments pvt ltd. v. union of india : [1994]206itr272(kar) , as also the decision of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1999)68ITD148(Kol.)
..... a law validly made covering the area and so assessee gets no benefit from this citation. in air 1978 sc 597 (supra) the appellant's fundamental right was involved. menaka gandhi's passport was impounded without affording an opportunity of hearing to her and even the reasons for impounding were not furnished to her despite request made by her. it was ..... ) 79 itr 603 (sc) cited by the learned authorised representative is distinguishable on facts.we have also gone through a. k. kraipak & ors. vs. union of india & ors. airsmt. menaka gandhi vs. union of india & anr. air 1978 sc 597 referred to in the assessee's letter dt.21st november, 1997, placed on pp. 330 and 331 of the assessee's .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)2CALLT264(HC),[1999]35CLA97(Cal)
..... appellants were not 'parties aggrieved' and as such the appeal could not be filed by them. the decisions cited by the respondents in this context are inapposite namely, adi phirozshah gandhi v. h.m. seerval : [1971]1scr863 and mani subrata jain v. state of haryana : [1977]2scr361 are inapposite. the first decision was rendered in the context of the question whether .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)1CALLT58(HC)
..... . keeping in view the distinction between a tax and a fee, the learned trial judge held that in view of the constitution bench decision in the case of ratilal panachand gandhi & ors. v. state of bombay & ors. reported in : [1954]1scr1055 and sri jagannath ramanuj das & anr. v. state of orissa & anr. reported in : [1954]1scr1046 , the subsequent two bench judgments .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)1CALLT231(HC),2001(1)CHN259
..... learned counsel as the decisions of the apex court as regard compliance of the principles of the natural justice, in terms of the decision of the apex court in maneka gandhi v. union of india, reported in : [1978]2scr621 , mohinder singh gill v. chief election commissioner, reported in : [1978]2scr272 , basudeo tiwary v. sido kanhu university, reported in : (1999) ..... place. but it is another thing to say despite such notice he does not hear the transferee.56. there cannot be any doubt whatsoever that in maneka gandhi v. union of india, reported in : [1978]2scr621 , and thereafter the law with regard to the principles of natural justice has undergone a sea change. in maneka ..... gandhi (supra) it has been held :--'this decision broadened the area of application of the rules of natural justice and to borrow the words of prof. clark in his .....
Tag this Judgment!Court : Kolkata
Reported in : 2003(2)CHN361
..... the ground mentioned therein is fulfilled.' reference has also been made by learned counsel for the petitioners to the decision in the case of dhartipakar madan lal agarwal v. rajiv gandhi, reported in : [1987]3scr369 , in support of his contention that if the court on examination of the plaint finds that it does not disclose any cause of action it would .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(1)CHN571
..... dialect of the same language, the people follow same official language, which is used in official purpose or as a language of literature. thus hindi speaking marwaris are definitely a linguistic minority in an area dominated by bengali speaking population. therefore, the finding of the secretary, department of education ..... eventually, the following literary languages emerged :south-west : gujarati and marathiwest : sindhi and panjabinorth-west : kashmirinorth-east : nepalieast : assamese, bengali, oriyacentral : hindi, western and eastern, with which we mayenumerate rajasthan to the west, and bihar to theeast.9.2. linguistic difference was often associated with differences of alphabet, but ..... respective learned counsel for the appellants in all the three appeals. according to him, the marwaris, admittedly, a linguistic minority viz: speaking hindi in a bengalee dominated area, had established the school of their choice in 1935 and continued to administer the same all through without any .....
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