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Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter i preliminary Sorted by: recent Court: kolkata Page 1 of about 33 results (1.116 seconds)

Oct 07 2004 (HC)

Parul Sengupta and anr. Vs. Registrar of Co-operative Societies and or ...

Court : Kolkata

Reported in : 2005(1)CHN281

..... to such society for being admitted as a member and membership shall not be denied to him if plots of land, houses or apartments in buildings constructed or under construction by it are available for allotment to such person on the date of application and plot of land or house or apartment as applied for shall ..... 18) 'co-operative housing society' means a co-operative society, the object of which is to provide its members with dwelling house, apartments, or lands or construction of dwelling houses or apartments, and maintenance of common services in connection therewith, and includes a federation of such societies.'there cannot be any dispute that the provisions ..... said deceased' was a member of the respondent co-operative housing society, hereinafter referred to as 'the said society', and was allotted a flat in the apartment constructed by the said society. the writ petitioner is the married daughter of the said deceased. during the lifetime of the said deceased, he nominated the petitioner in .....

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Apr 05 1991 (HC)

M/S. National Hydroeletric Power Corporation Ltd. Vs. M/S. Sova Enterp ...

Court : Kolkata

Reported in : AIR1991Cal324

..... also when the parties reside within its jurisdiction or a part of the cause of action arises there. she has also referred to a decision -- state of maharashtra v. ranjit construction, : air1986bom76 , which lays down that in the absence of any specific stipulation in the agreement the court within the jurisdiction of which part of the cause of action arises, has ..... the allegations and counter-allegations as can be discerned from records, the controversy appears as follows:--the contractor, the opposite party no. 1, could not complete the work of the construction within scheduled time, extension of time was prayed for by him for the execution of the works of the contract. the time was extended from time to time only on .....

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Jun 04 1959 (HC)

Union of India (Uoi) Vs. Khetra Mohan Banerjee

Court : Kolkata

Reported in : AIR1960Cal190

..... for price of work done and labour and materials supplied.26. in march 1945 tenders were invited on behalf of the government of india, public works department, for construction of certain temporary buildings for officers' quarters in calcutta. the plaintiff who carries on business of a building contractor at 16, mangoe lane, calcutta, submitted his tender ..... and schedule of the quantities of work to be done, and this tender was accepted on behalf of the government of india. although the tender was for construction of temporary structures with raneegunje tiles roofing or corrugated iron-sheets roofing, the plans, specifications and drawings which were actually handed up to the plaintiff when he commenced ..... and that the price of the work done had to be determined by the court on the basis of fair and reasonable rates. it was found that the railway was liable to pay the amount thus assessed to the plaintiffs on the 26th of july 1925 and the plaintiffs claimed, interest on the money for the .....

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Sep 18 2017 (HC)

Lindsay International Pvt. Ltd. and Ors. Vs. Laxmi Niwas Mittal and Or ...

Court : Kolkata

..... are determinable by nature. (d) there is no presumption of permanence of duration in any type of contract, and the question whether the contract is determinable depends upon the proper construction of the contract in every case and a commercial contract is determinable. it is submitted that the shareholders agreement as amended contains express clauses that provide for a non-exclusive ..... known that they were inducing a breach of contract. it is not enough that a defendant knows that he is procuring an act which, as a matter of law or construction of the contract, is a breach, nor that he ought reasonably to have known that it is a breach. (see obg v allan per lord hoffman at paragraph 39; british .....

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Apr 07 2016 (HC)

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

..... 2006 to the said show cause-cum-demand notice. the petitioner reiterated that it did not render any consulting engineering service and only executed construction work and after construction service was brought within the service tax net the petitioner got itself registered and was regularly paying the applicable service tax. as per the ..... the facts and had categorically stated that it is not liable to pay service tax under consulting engineering service and it had got itself registered under construction service which was made taxable with effect from 10th september, 2004. this was never objected to by the department. the petitioner has never suppressed any ..... 1998, categorically stating therein that the petitioner did not carry on the business of consolidating engineer and that the petitioner was basically a civil engineering construction contractor. the petitioner submitted to the department a copy of its balance sheet for the year 1996-97 as also copies of some specimen contracts entered .....

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Jun 22 2012 (HC)

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... unconstitutional and void. it is the settled law that while interpreting the provisions of an act, the statement of objects and reasons should be considered for harmonious construction and understanding of the different provisions of the enactment. the express purpose was, to return the land to unwilling farmers. such intention was reiterated and ..... edn. 1993 page 103) g.p. singh, in his principles of statutory interpretation (13th edn. 212) says:contemporary official statements throwing light on the construction of a statute and statutory instruments made under it have been used as contemporanea exposition to interpret not only ancient but even recent statutes both in england and india ..... foras act. between 1864 to 1867, the lands were acquired under l.a. act of 1857 for the purpose of railway. since the lands were no longer required for the purpose of railway, the government sold them to the writ petitioner. the petitioner conveyed the lands to trust and the respondent and others were .....

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May 07 2010 (HC)

Gms Marine Company Limited Vs. the Owners and Parties Interested in th ...

Court : Kolkata

..... vietnamese petitioner suggests that the division bench expanded the scope of the appeal in holding at paragraph 12 that the expression 'foreign state' even on its liberal construction, 'would not expand to a sphere which is void of any concept of any sovereign action.' the submission is that paragraph 12 of the appellate court order ..... conclusion that section 86 is confined to the suit against a state by name as such we are supported by the principles of interpretation that in making construction of a statute which is not explicit it should be in consonance with the general principle of international law. under the general principles of international law, ..... not, since it is often a condition of the ship's insurance and a requirement of most charterers and shippers. classification societies also inspect and approve the construction of shipping containers. these organisations exist in most of the principal maritime countries. 20. vsig submits that the lloyd's miu is no substitute for a sea .....

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Sep 01 2009 (HC)

Hindusthan National Glass and Industries Limited and anr. Vs. Reserve ...

Court : Kolkata

..... specifically taken in the previous petition. the high court dismissed the second petition on merits and in the resultant appeal by special leave, the question of constructive res judicata arose. the supreme court noticed an earlier constitution bench judgment in amalgamated coalfields ltd v. janapada sabha, chhindwara : air 1961 sc 964 and ..... a judgment reported at : (1965) 1 scr 686 (devilal modi v. sales tax officer, ratlam) where a constitution bench considered whether the principle of constructive res judicata could be applied to a writ petition. the appellant before the supreme court assailed a final order of sales tax assessment before the high court. ..... in their earlier essay in this jurisdiction and the petitioners having otherwise failed in that previous attempt, the present proceedings are barred by the principles of constructive res judicata or directly hit by res judicata. 16. but before the question of maintainability of the petition under article 226 of the constitution and .....

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Jan 18 2008 (HC)

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... eligibility will have no application. thus, the court further held that it must be construed strictly. a clause impinging the right of a citizen must receive strict construction and the principle of contextual interpretation will have no application in such a case.202. in the decision reported in : air2007sc1753 , p.t. munichikkanna reddy v ..... in : air1996sc2705 , kashi vidyapith v. motilal and ors., the hon'ble supreme court held that it is not in dispute that the establishment of university and construction of the buildings including staff quarters, hostels, playground etc. is a public purpose provided if it is done by an authority within the meaning of section 3 ..... associated provincial picutre houses ltd. v. wednesbury corporation 1948(1) kb 223]. in the words of lord machghten in westminster corporation v. london and north western railway 1905 ac 426, 430:.it is well settled that a public body invested with statutory powers such as those conferred upon the corporation must take care not .....

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Nov 16 2007 (HC)

Association for Protection of Democratic Rights Vs. State of West Beng ...

Court : Kolkata

Reported in : 2007(4)CHN842

..... the community are concerned, such as under-trial prisoners languishing in jails without a trial inmates of the protective home in agra or harijan workers in case in road construction in the ajmer district who are living in poverty and destitution, who are barely eking out a miserable existence with their sweat and toil, who are helpless victims of ..... cease to be binding on this court. in view of the law of the land as it stands declared in l. robert d'souza v. executive engineer, southern railways in air 1982 sc 854, we must hold that the termination of the services of the petitioners in these cases constitutes retrenchment and for failure to comply with the ..... be deemed to enable any member of the delhi special police establishment to exercise powers and jurisdiction in any area in a state, not being a union territory or railway area, without the consent of the government of that state.a contention was made before us that when the state government gives consent for cbi to investigate any .....

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