Judgment Search Results Home > Cases Phrase: national commission for safai karamcharis act 1993 Court: kolkata Page 2 of about 95 results (0.044 seconds)

Kishwar Jahan and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(3)CHN857

..... would not be maintainable in law if an alternative remedy provided by law, which is efficacious, is not pursued, what has been laid down is that in view of the remedy available to a person aggrieved (by non-registration of a complaint disclosing commission of cognizable offence by the police and conducting investigation in pursuance thereof) under sections 154(3), or under 156(3) or under 200 read with 190 of the code, a writ petition ought not to be entertained ..... a daughter and the other a son; they started living separately as a result of estrangement between them; while the son was in the custody of the respondent pursuant to an order passed under the guardians and wards act, the son escorted by his grandmother was waiting at a bus stop when the appellant accompanied by three or four persons forcibly took him away, on the respondent's complaint police registered a case under ..... framed by this court which requires (subject to exceptions) service of copy of petition on the respondents in each case where interim relief is prayed for which might affect them, the cbi was well within its jurisdiction to note the contents of copy of the writ petition supplied to it and to act on the basis thereof, it has not been shown before this court that contents of copy of the writ petition supplied to the ..... hence, inter-caste marriages are in fact in the national interest as they will result in ..... union of india and : [1993]2scr300 , ..... a.p.; : (1993)illj244sc , ..... .; : (1993)iillj549sc .....

State of West Bengal and ors. Vs. Sambhunath Chatterjee and ors.

Court : Kolkata

Reported in : (2006)2CALLT482(HC)

..... scc, 348 (paragraph 10) it has been held as follows:those who did not fulfil the above recruitment qualifications were to continue in the pre-revised scales....it becomes at once clear that for getting the benefit of that om the employees similarly situated as draftsmen in cpwd had to show that their recruitment qualifications were similar.it is, of course, true that the tribunal has observed in ..... : (1982)illj344sc , observed that construing articles 14 and 16 in the light of the preamble and article 39(d), the court was of the view that the principle 'equal pay for equal work' properly applied to the cases of unequal scales of pay based on no classification or irrational classification though those drawing the different scales of pay do identical work under the ..... would appear from the said decision the non-selection of candidates through the college service commission was the reason for disentitling the concerned teacher to the benefits of the ugc scale. ..... dated 30.6.1988 was issued by the directorate of education under which among the qualifications prescribed by ncert (national council for education, research and training) for teachers of various courses was prescribed pay scale for teachers grade i as 1640-2900. ..... nowhere in the writ petitions there is explanation of such delay, though, in strict sense limitation act is not applicable in writ proceedings but in different decisions the hon'ble apex court has observed that the writ petitions are to be moved within a reasonable ..... 1993 .....

Dr. Manas Bhunia Vs. Dr. Makhan Lal Bangal and ors.

Court : Kolkata

Reported in : (1999)3CALLT281(HC)

..... to the orders of the returned candidate (by an agent) and without the consent of the candidate or his election agent (b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election and that in all aspects the election was free from any corrupt practice on the part of the candidate or any of his agents, the high court ..... said judgment the division bench of the rajasthan high court held as follows :the tribunal appears to be in error in thinking that express consent of the contesting respondent had to be proved before he could be held liable for the acts of the general secretary of the district congress committee and the publicity secretary of the nagar congress committee and since there was no direct evidence on the point that sugan chand jain was appointed an agent ..... he further admitted in answer to the said question that upto the panchayat election held in 1993 he was associated with cpi(m) although in earlier questions he stated that he was not associated with cpi(m) or took part in the activities of cpi(m) after 1986-87 excepting joining few of their ..... further directs that the political party both national and state parties must follow the spirit of ..... cpi(m) machinery that the petitioner being the sitting mla of sabang assembly constituency and the chief whip of the congress party and was an important leader of the indian national congress and would be the congress candidate for the said constituency. .....

Alok Kumar Ghosal and ors., Nidhan Mondal, Anuradha Mitra (Ghosh), Bin ...

Court : Kolkata

Reported in : (2001)1CALLT535(HC)

..... said affidavit of facts names of persons whose names were recommended by college service commission for appointment in different colleges or universities superseding the claim of the petitioners have been ..... learned advocate for the petitioners has referred to the west bengal college service commission act, 1978 (hereinafter referred to as the act) and has submitted that the act came into force on 23.2.79 and the west bengal college service commission (hereinafter referred to as the commission) was constituted for the purpose of selecting persons for appointment to the post of teachers of a college as per provisions contained in section 7 of the act. ..... examination and further providing that such a candidate has also to pass state level eligibility test or national eligiblity test, should not apply to them and a fight has accrued to the petitioners, of which they cannot be ..... of karnataka reported in : (1993)iillj831sc : (d) state of haryana ..... been contended on behalf of the petitioners that appointments have been made also from the panel of 1990, 1991, 1992, 1993, 1994 and january. ..... his contention he has relied upon the judgment and decision in the case of reported in (1993) 1 llj 611. ..... reported in : (1993)iillj937sc in this connection ..... : (1993)illj1139sc 92. ..... reported in : (1993)iillj937sc ; (e) ..... 15764(w) of 1993 in which the learned judge on 3.5.1995 passed an order restraining the respondents from giving any effect or further effect to the panel, if any, prepared until further orders of .....

Owners and Parties Interested in the Vessel M.V. fortune Express anr. ...

Court : Kolkata

Reported in : 2005(1)CHN204

..... we do not enter into the question whether the court of appeal correctly (with all due respect) laid a very great deal of emphasis upon section 14 of that act which relates to exclusion of time spent bona fide in a forum which has been wrongly chosen; we neither seek to discuss the provisions of section 14 accurately here, nor do we enter into the ..... submission was that india not being the place of business or the principal place of business of the defendant the institution of the admiralty suit here is an improper act and accordingly, the suit should either be dismissed summarily or be stayed permanently, compelling the plaintiffs to go to the chosen country, if they are so advised ..... and they would rush to the admiralty court even contrary to such a selection clause and obtain arrest, thereafter arguing, that the arrest was most convenient for them, that it produced a security from the shipper, and that if decree should be passed in their favour there would be no difficulty in its execution.49. ..... subject to the hague rules as refereed to in clause 2 hereof with the exception that notwithstanding anything contained in clause 19 the carrier shall not be liable for any loss of damage resulting from any act, neglect or default of his servants in the management of such animals and deck cargo'.4. ..... the punjab national bank gave the bank guarantee in terms of the undertaking and that contains, amongst others :(i) a clause to the effect that the defendant and the bank do thereby submit ..... 1993 .....

Oriental Insurance Co. Ltd. Vs. Peacock Plywood (P) Ltd.

Court : Kolkata

Reported in : AIR2005Cal97

..... lost when the claim was lodged; (5) the plaintiff has not been able to prove constructive loss by reason of abandonment; (6) that by reason of sections 20 and 32 of the evidence act, it was proved that the goods were still in existence and were in good condition; and (7) that the loss cannot be ascribed to any peril insured as discussed hereinbefore.10.1 in the circumstances ..... of the assured either the contract of carriage is terminated at a port or place other than the destination named therein of the transit is otherwise terminated before delivery of the goods as provided for in clause 8 above, then this insurance shall also terminate unless prompt notice is given to the underwriters and continuation of cover is requested when the insurance shall remain in force, subject to ..... the act which includes any adventure where (i) any insurable property is exposed to maritime perils; (ii) the earnings or acquisition of any fright passage money, commission, profit or other pecuniary benefit or the security for any advances, loans or disbursements is endangered by the exposure of insurable property to maritime perils; (iii) any liability to a third party may be incurred by the owner of, or other person interested in or responsible for, ..... national ..... chrimas (kyrlaki), 1993 (1) lloyd's law reports 137 at p 151, relied upon by the learned counsel for the appellant, it was held that the cause of action ..... asiatic navigation, : [1993]2scr425 the apex court has held that warehouse-to-warehouse clause .....

Yashdeep Trexim Vs. Board for Industrial and Financial Reconstruction ...

Court : Kolkata Appellate

..... first, of course, it must be gathered from the statute itself, next from the preamble to the statute, next from the statement of objects and reasons, thereafter from parliamentary debates, reports of committees and commissions which preceded the legislation and finally from all legitimate and admissible sources from where there may be light. ..... -for the removal of doubts, it is hereby declared that an industrial company existing immediately before the commencement of the sick industrial companies (special provisions) amendment act, 1993, registered for not less than five years and having at the end of any financial year accumulated losses equal to or exceeding its entire net worth, shall be deemed to be a sick industrial company; 15. ..... reported in (1987) 1 scc 424 dealing with the definition of prize chit under the prize chits and money circulation 22 schemes (banning) act, 1978, national buildings construction corporation reported in (1972) 2 scc 1 where the definition of workman in the context of the industrial disputes act, 1947 was considered, vanguard fire and general insurance co. ..... indian medical association reported in air 2002 sc 302 (where the defined meaning of the expression management was not attributed to the word management in section 64 of the maharashtra university of health sciences act, 1998), national insurance co. ..... , and, therefore, conceived in national and public interest. ..... national taj traders reported in (1980) 1 scc 370, m/s. .....

Duncans Industries Ltd. Vs. Narayan Kumar Khaitan.

Court : Kolkata Appellate

..... also contended that with the disposal of the appeal by the state commission on october 16, 2008 since no appeal or review has been preferred to the honble national commission, the judgment dated october 16, 2008 has attained finality. ..... also noticed that the petitioner did not move the honble national commission against the order dated august 31, 2010. ..... did not prefer any revision before the honble national commission. ..... not only that, if the petitioner had any grievance against the said judgment of the honble state commission dated october 16, 2008, the petitioner could have filed any appeal or revision against the said judgment dated ..... thereafter against the final order dated august 31, 2010 of the honble state commission, the petitioner preferred a revisional application before this honble court and such revisional application ..... from the above facts, it is clear that when the honble state commission was dealing with the appeal filed by the opposite party, the judgment of the aaifr was within the knowledge ..... senior advocate appearing on behalf of the petitioners, has stressed much that this bench did not consider the decision of the judgment reported in 2010 (1) clj (cal) 342 (supra) and for that reason two conflicting decisions in respect of the same petitioner arises. ..... according to the provisions of section 22 of the sica act, 1985 such a proceeding should be stayed, submitted ..... decision is based on the decision reported in air 1998 cal 218 which is also based on 1993 air scw 991. .....

Lala Shyamlal JaIn Ship Breaking Co. Pvt. Ltd. and ors. Vs. State of W ...

Court : Kolkata

Reported in : 2004CriLJ4067

..... dev, senior manager of lilauh branch and constituted attorney of the oriental bank of commerce with the officer-in-charge of the bali police station, inter alia, alleging commission of offence punishable under sections 420/403/406/ 421/422/120b of the indian penal code committed by the present petitioners alleging therein among others that the first opposite party in the petition of complaint ..... money from the bank after committing criminal conspiracy among others which caused losses to the national exchequer, yet, there is no mens rea whatsoever as will be reflected from the materials available on record and according to the petitioners the failure to collect the money from the purchasers being beyond their control they could not be held responsible alone for not refunding the money of the bank and the non-performance of the clauses ..... aforesaid charge-sheet, they have filed the instant application praying for quashing of the charge sheet and/or for setting aside of the order dated 10-12-2002, whereby and whereunder cognizance was taken by the learned magistrate, alleging that this is a clear case of glaring example of non application of the judicial mind as in the instant case, mens rea being an important ingredient in connection with the commission of offence, it will be clear that combined reading of the ..... 2 file an application under section 19 of the recovery of debts due to banks and financial institutions act, 1993 before the kolkata debts recovery tribunal no. ii. .....

Abn Amro Bank Nv Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)96TTJ(Kol.)1041

..... shall not be deducted in computing the income chargeable under the head "profits and gains of business or profession",-- (i) any interest (not being interest on a loan issued for public subscription before the 1st day of april, 1938), royalty, fees for technical services or other sum chargeable under this act, which is payable,-- (b) in india to a non-resident, not being a company or to a foreign company, on which tax is deductible at source under chapter xvii-b and such tax ..... when it seems advisable in order to reach agreement to have an oral exchange of opinions, such exchange may take place through a commission consisting of representatives of the competent authorities of the two states. ..... the assessee's main claim is that the matter was settled with phb on 7th july, 1993 and that date falls within the previous year relevant to the asst. yr. ..... doctrine of incorporation also recognizes the position that the rules of international law are incorporated into national law and considered to be part of the national law, unless they are in conflict with an act of parliament. ..... but the courts are under an obligation within legitimate limits, to so interpret the municipal statute as to avoid confrontation with the comity of nations or the well established principles of international law. ..... comity of nations requires that rules of international law may be accommodated in the municipal law even without express legislative sanction provided they do not run into conflict with acts of parliament. .....