Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter iii acquisition Sorted by: old Court: kolkata Page 5 of about 55 results (0.053 seconds)

Shiva Nath Prasad Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2006(2)CHN88

..... differing from terms of mutual wills. the question arose whether mere fact of simultaneity of wills in similar terms are sufficient to establish enforceable agreement and whether constructive trust arose out of enforceable agreement for mutual wills. it was held that, for mutual wills to be enforceable it had to be established by clear ..... though the learned counsels argued at length over these points, all the submissions made before this court relating to these matters particularly whether the mutual wills created constructive trusts, whether the trust deeds of 1988 were revocable in terms of clause 19 of the trust deed, whether there was vesting of property in the ..... imposed mutual obligations on them to dispose their property in a similar way and accordingly, since the testatrix had the benefit of testator's estate, a constructive trust was imposed on her estate for the benefit of the plaintiffs. her executors were, therefore, bound to administer and distribute the estate in accordance with .....

Madhab Saha and ors. Vs. State and ors.

Court : Kolkata

Reported in : 2006(1)CHN59

..... authority in west bengal, if the vehicle of the petitioner is bs ii non-complaint, would he valid. i hold so because in my view, a proper construction of section 88 of the act would imply that for the purpose of countersignature, the countersigning authority would be empowered to impose any condition as if such authority ..... present dispute, the petitioners have failed to discharge such onus. this kind of action is essentially to improve the community health and the courts ought to lean on construction in these kind of cases which improves, or at least prevents deterioration of community health. the decisions of the hon'ble supreme court in the cases of special ..... character, if a prohibition is imposed after issuance of an offer letter against an application in which the registration number of the vehicle is disclosed, the principle of constructive notice or that of waiver or promissory estoppel cannot be made applicable. i am of the view that the right of an operator to run his vehicle under .....

State of West Bengal and ors. Vs. Sanjeevani Projects (P) Ltd. and ors ...

Court : Kolkata

Reported in : 2006(1)CHN241

..... requiring no pollution control clearance under the environment (protection) act, 1986 even then the same would not entitle the panchayat to grant sanction for construction on wetland or water bodies.15.1. section 23 empowers the panchayat to control building operations. in order to effectuate such functions, rules have ..... and country planning department, and the members of the wetland management committee and the municipal authorities for the purpose of granting permission for development and construction in any area at the outskirts of the city particularly in any low-lying areas or agricultural lands including any development for establishment of industries ..... servants, subordinates, successor-in-office, successor-in-interest and/ or each one of them --(i) from interfering with or hampering in any manner whatsoever the construction process at the said premises;(ii) from arresting and/or apprehending the petitioner nos. 2 and 3 in any manner whensoever;(iii) from confiscating the properties .....

Falakata Industries Ltd. and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(2)CHN142

..... of the premises to such person'. the premises' has been explained to mean 'any building, such as house, manufactory, warehouse, stable, shop or hut whether constructed of masonry, bricks, concrete, wood, mud, metal or any other material whatsoever and includes any land appertaining to such building'.10.1. the land leased squarely ..... authority was being replied by the advocate on behalf of the lessee/writ petitioner. in such circumstances, there seems to be no reason even to presume constructive notice on the part of the lessee. the limitation, therefore, is to be counted from the notice and knowledge of the lessee apart from the benefit ..... in the later part of december, 2003, the pradhan, falakata panchayat samity and the sabhapati, falakata panchayat samity demolished the boundary wall by bulldozers and started construction of pucca road and bus terminus. some proceedings were initiated on the basis of an application for contempt filed before the learned tribunal, which is not necessary .....

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 .....

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 .....

Punjab National Bank Vs. Smt. Chama Rani Tandon

Court : Kolkata

Reported in : (2008)1CALLT463(HC),2008(3)CHN945,(2009)ILLJ814Cal

..... provision in the agreement.' in paragraph 14 of the said reports the hon'ble supreme court was also pleased to observe that 'a construction which fructifies such a welfare measure has to be preferred as compared to another construction which stultifies such a benevolent welfare measure.'22. in the said reports the hon'ble supreme court was pleased to take into consideration .....

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 .....

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 .....

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 .....