Court : Kolkata
..... while the award-debtor would contend that reading into the section a condition with regard to furnishing of security would fetter a substantive right to challenge the award unconditionally under the parent act, the contention of the award-holder is that the newly substituted section 36 deals with procedural law inasmuch as newly substituted section does not say that the court, in all cases, may ..... relation to arbitral proceeding should be given a wide interpretation but in paragraph 4 of the said judgment it has been held that even though the award was subsequent to the promulgation of the 1996 act, the provision of the repealed acts including the act of 1940 would be applicable and thereby arresting the parties to their substantive right which existed on the date the arbitral proceeding had commenced. ..... of the law of the subject, the commission made its recommendations for bringing amendments in the arbitration and conciliation act, 1996 in its 176th report. ..... conductors (p) ltd.v.assam seb, (2012) 7 scc462 the apex court was deciding whether the interest on delayed payments to small scale and 19 page 20 ancillary industrial undertakings act, 1993 could be said to be retrospective. ..... national union of operative plasterers section 4 of the trade disputes act, 1906 which enacted that an action for tort against a trade union shall not be entertained by any court was held not to prevent the courts from hearing and giving judgment in actions of that kind begun before the passing of the act .....
Tag this Judgment!Court : Kolkata
..... that while none of the applicants has the locus standi to challenge the decrees or their executability and their applications are not maintainable u/s 446 of the act or under any other provision of the companies act, surender kumar is certainly interested in the proceedings for the realisation of the amount by the bank by the disposal of the assets of the company because on the amount realised would depend the quantum of ..... section shall enable any suit to be instituted or application to be made to recover or enforce any charge against, or set aside any transaction affecting, any property which(i) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know, or have reason to believe, that any fraud had been committed, or (ii) in the ..... [(2010)8 scc383 for explaining what would constitute fraud, and it has been argued drawing my attention to paragraph 35 of the report that detection/discovery of commission fraud at a much belated stage may not be sufficient to set aside ..... the request of my client, angelo brothers ltd, vide bank draft no.pqw/119904 drawn on punjab national bank, bombay. ..... being annexed to this notice for the same reason, inter alia, that it is already known to you, and forms a part of court records, inter alia, in apo no.953 of 1993, and cp no.33 of 1988 ..... of the court records before the hon ble high court of calcutta, inter alia, in apo no.953 of 1993, and cp no.33 of 1988. .....
Tag this Judgment!Court : Kolkata
..... after nationalization of coal mines, in order to meet the increase demand of low content ash coal by the steel plants, power houses and other industrial consumers.the coal mines (nationalization) act of 1973 came to be amended by coal mines (nationalization) amendment act of 1993. ..... of disposal of the writ petition, namely (1) whether the writ petitioner is entitled to a mandatory order directing cil to ensure bccl to enter into a fuel supply agreement, (2) whether the writ petitioner should be treated as a core sector industry for the purpose of allocation and delivery of coking coal on priority basis and (3) whether a mandatory order should be made directing cil to ensure that bccl do supply 17,850 m.t.per month of coking coal in terms of direction made by the ..... national insurance company ltd.in a claim petition seeking compensation in respect of fire accident of the godown at ambala before consumer commission of union territory, chandigarh, a challenge was made with regard to the jurisdiction of consumer commission at chandigarh. ..... it was held that the state consumer redressal commission, haryana alone will have jurisdiction to entertain the complaint as cause of action arose at ambala. ..... when such claim was allowed by consumer commission of union territory, their lordships opined that the fire broke out in the godown of the appellant at ambala, since expression cause of action means bundle of facts which give rise to right or liability and that no part of .....
Tag this Judgment!Court : Kolkata
..... be directed to hand over vacant and peaceful possession of the said tenanted premises to the applicant; e) an order of injunction restraining the respondent from dealing with and/or disposing of the said tenanted premises in any manner except for the purpose of disclaiming the said property; f) ad-interim orders in terms of prayers above; g) costs of this application be paid by the respondent; h) such further or other order or orders be passed and/or direction or directions be given as to this ..... but the authority under section 446(2) of the companies act is not absolute and a later special act as the recovery of debts due to banks and financial institutions act, 1993 has been seen to have substantially denuded the authority of the company court to address certain matters pertaining to a company ..... of the parliament in enacting laws, the lessor refers to the expression notwithstanding anything clauses (2) and (3) appearing at the beginning of article 246 (1) of the constitution and the exclusive authority of a state legislature to make laws for such state with respect to any of the matters enumerated in the state list being subject to the legislative supremacy of the parliament as recognised in the article. ..... the applicants claim here must not be seen as one seeking to establish their rights as sub-tenants at the said premises, but only for the purpose of undoing the prejudice that has been caused to them by an order passed in proceedings that they were not invited to ..... national .....
Tag this Judgment!Court : Kolkata
..... on a policy of insurance on behalf of an insurer, he shall deposit with, or despatch by post to, the insurer, the premium so collected in full without deduction of his commission within twenty-four hours of the collections excluding bank and postal holidays. ..... gangopadhyay, advocate sarathi dasgupta, advocate hearing concluded on : july 03, 2014 judgment on : september 25, 2014 debangsu basak, j.the suit is for recovery of money on account of damages suffered by the plaintiff in respect of the incidents claimed to be covered under policies of insurance ..... on the question of implied grant, but as the parties have understood their case and for the purpose of proving and contesting implied grant had adduced evidence, the trial court and the high court had entered a conclusion that the plaintiff had acquired a right of easement, there was no need for the supreme court to reverse the findings of fact in exercise of powers under article 136 ..... - in these regulations, unless the context otherwise requires,(a)-(c) * * * (d) proposal form means a form to be filled in by the proposer for insurance, for furnishing all material information required by the insurer in respect of a risk, in order to enable the insurer to decide whether to accept or decline, to undertake the risk, and in the event of acceptance ..... material fact under section 18(2) of the marine insurance act, 1906 came up for consideration before the house of lords. ..... 124 (national insurance ..... plaintiff relies upon 1993 calcutta law times .....
Tag this Judgment!Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
..... further, if there are conflicting decisions rendered by the national commission, the state commission may decide the matter appropriately accepting one or the other judgement . ..... davinder malhotra and ors) wherein the honble national commission has held hence, unless there is a contrary judgement by the apex court, the state commission is bound to follow the decision rendered by the national commission. ..... advocate has submitted that proposition has been supported by a number of decisions of the honble supreme court of india and also honble national commission. ..... advocate for the respondent has emphatically submitted before us that the consumer protection act, 1986 is a central act and the provisions of the said act should always prevail over the regulations of promotion of construction and transfer by promoters act, 1993 which is admittedly a state act. ..... thus, in view of the specific embargo created under the special act, the consumer forum or the state commission was not competent to pass the order and/or entertain the said complaint. ..... fa/72/2011 [state consumer disputes redressal commission, west bengal] {date of final order 25.7.12} (smt. ..... fa/209/2011(state consumer disputes redressal commission, west bengal) sri kalyan ganguly vs. ..... advocate has also relied upon the decision of this commission in s.c.case no. .....
Tag this Judgment!Court : Kolkata
..... respondent has also relied on the united nations commissions on international trade laws (uncitral) model law ..... the award set aside, there is no doubt that the challenge to a foreign award in course of resisting its implementation or the reliance thereon is clearly permissible by virtue of section 48 of the 1996 act; but the question remained unanswered in the division bench judgment as to whether the award-debtor in such a case could apply to have it set aside under section 48 or the related provisions under the ..... authors suggest that the lex arbitri is likely to extend to, inter alia: the definition and form of an agreement to arbitrate; whether a dispute is arbitrable; the constitution of the arbitral tribunal and grounds for challenge of that tribunal; the entitlement of the arbitral tribunal to rule on its own jurisdiction; the freedom to agree upon detailed rules of procedure; interim measures of protection; court assistance if required; the ..... supreme court overturned the delhi high court view that it had the authority to receive a petition under section 9 of the 1996 act for a declaration that a particular venue was the contractual and juridical seat of arbitration with a consequential direction on the arbitral tribunal to ..... the respondent refers to rule 57 in the 12th edition of the conflict of laws (1993) by dicey and morris which is completely at variance with the rule as it was modified in ..... the old rule as it stood in 1993 read thus: rule 57 (1) the validity, effect and .....
Tag this Judgment!Court : Kolkata
..... thus, when the petitioner was recommended by the school service commission for her appointment in the present place of her posting, even the change of recommendation of her posting to a different school is now not possible as the school service commission has now become functus officio as has been held by this hon'ble court in the following cases:- i) in the case of rama bandapadhyay ..... duty of the employer or other responsible persons in workplaces and other institutions: it shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or persecution of acts of sexual harassment by taking all steps required. 2. ..... the relevant part of the said judgment is set out hereunder:- "paragraph 86; the judicial power of this country, which is an aspect of national sovereignty, is vested in the people and is articulated in the provisions of the constitution and the laws and is exercised by courts empowered to exercise it ..... guidelines will not prejudice any rights available under the protection of human rights act, 1993. ..... hanoekar house, swatontapeth, vasco, de gama, goa reported in (1993) suppl (2) scc 433 is very much significant in the present case as it was also held therein that where statute is silent and judicial intervention is required, court's strive to redress grievances according to what is perceived principles of justice, .....
Tag this Judgment!Court : Kolkata
..... in force, of the management of any property or business; (iii) income derived by a trade, professional or similar association from specific services performed for its members; (iii-a) profits on sale of a licence granted under the imports (control) order, 1955, made under the imports and exports (control) act, 1947 (18 of 1947); (iii-b) cash assistance (by whatever name called) received or receivable by any person against exports under any scheme of the ..... with reference to the duty-free import entitlement on the basis of the exports made by the appellant during the financial years 1993-94 to 1996-97 on the assumption that the appellant would actually receive the import licence and utilise the same within the validity ..... the duty remission scheme under the export and import policy formulated and announced under section 5 of the foreign trade (development and regulation) act, 1992 (22 of 1992); (iv) the value of any benefit or perquisite, whether convertible into money or not, arising from business or the exercise of a profession; (v) any interest, salary, bonus, commission or remuneration, by whatever name called, due to, or received by, a partner of a firm from such firm: 9. ..... chargeable under the head capital gains; (ii) any sum received as compensation, from the multilateral fund of the montreal protocol on substances that deplete the ozone layer under the united nations environment programme, in accordance with the terms of agreement entered into with the government of india. .....
Tag this Judgment!Court : Kolkata
..... the anomaly is evident in the decree-holders not incorporating the amount awarded in lieu of possession in the tabular statement but seeking sale of the vehicle and for the proceeds being retained in pro tanto satisfaction of the decretal debt insofar as the award provides on account of failed installments, interest, costs and mesne profits. ..... in case of an arbitral award where the execution application is the first application pertaining to the reference that is brought to a civil court, every principal civil court of original jurisdiction other than those excluded in section 2(1)(e) of the act would have the authority to receive the execution if a suit covering the subject-matter of the arbitration could have been received by such court. ..... decree-holder proceeded to cross-examine this person, despite the constant request by court to be more humane, smacked of the arrogance of the influence that finance companies wield that had resulted in a man being detained for 22 days when the warrant of arrest required him to be present in court on a particular date with no mandate to take him into custody during the interregnum. ..... the law commission relied on the bombay judgment in shaba yeshwant naik for the proposition that a court could not execute a decree in which the subject-matter of the suit or application for execution is situated entirely outside its ..... national insurance company, ltd (air 1932 cal 213) and relied on the reasoning in sakti nath roy ..... low); (1993) 1 cal lj 163 (adhish .....
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